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Joan M Bundy's Answers
Contributor Level 14
- 357 Legal Answers
- 22 Legal Guides
4
Attorney answers:
How do I file a Civil Lawsuit?
Please go to the Pinal County Superior Court website and download the free forms that they have available. I have given you the link below for the standard ("blank") forms they require you to fill out to initiate a civil lawsuit. Good luck.
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2
Attorney answers:
Minor child not able to live with me due to their unsafe behaviors, now ex is taking me back to court. What are my options?
Well, you've largely answered your own question here, with the information you've provided. The child cannot come live with you per the juvenile delinquency court. You may be able to have parenting time (formerly known as visitation) but it will likely have to be either supervised or at a place where your other children are not, definitely no overnight visits at your house. So if you don't get custody, you won't get child support. End of story. I am so sorry to hear of your situation, and best...
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3
Attorney answers:
2004 filed for divorce, 6 months later hired attny and still no divorce.
First of all, I would question why you still don't have a divorce accomplished after 7 years. Divorces in Arizona usually only take three to 12 months, unless they are extremely complicated and/or contentious. Did your attorney not follow through? Did you not follow through? Did your spouse not follow through? These are the questions you need to ask to figure out what went wrong procedurally that you aren't yet divorced. School yourself on what the rules are regarding divorce, and you can...
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2
Attorney answers:
I got married in mexico but am now seprated how do i get a divorce if i live in the u.s and he lives in mexico ? he cannot cross
Only one of you has to live in the jurisdiction to file for a divorce there. In other words, he could file in Mexico (presumably; I don't know international law well) and you could file in Arizona. If you beat him to the courthouse door, so to speak, you can file in Arizona. If he cannot come to the United States because of immigration issues and is not allowed to appear for hearings telephonically, you likely will get most or all of what you ask for in the divorce as long as it is reasonable....
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5
Attorney answers:
My dog bit my pet sitter's child in his home.
This is a question of what is legally termed "bailment." According to the law, your dog is your physical personal property (sad to say) and it was temporarily being held, or cared for, by your dogsitter. That person takes on liability by agreeing to be a dogsitter, particularly if they do this for a living. They should carry professional liability insurance and, if they didn't, it's their own fault for bearing the full cost of the risk that something like this might happen, which definitely is...
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3
Attorney answers:
My dog broke out of fence and attacked a cat on neutral property. Now being sued for vet bills, loss of work and items. $1000
Bless you for taking in a stray dog and for even trying to find its rightful owner. I'm sure it feels like no good deed goes unpunished after what you have gone through with the dog in the short time you have had it. However, most jurisdictions say you are the legal owner of an animal if you provide care for it for a very short period of time, even three days or less. So the reality is that you are responsible for any damages caused by your (yes, your) dog. Your girlfriend also may be held...
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5
Attorney answers:
How can i get my dog back from ex boyfriend when i have akc papers stating i'm the owner?
Under common law you would have the superior ownership rights to the dog. As you stated, you provided all of the animal's food, toys, medical needs and anything else needed. However, you also abandoned the dog by leaving her with someone else, in this case your ex-boyfriend, which is particularly concerning given what little you have provided about the violent tendencies of your ex. Nonetheless, it is good that you realize now how important it is to get the dog out of a bad situation and into a...
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2
Attorney answers:
RE: moving my children out of state after remarriage.
Being allowed to relocate children is not a given, but it is hardly out of the question either. You need to read the relocation statute in the Arizona Code: http://www.azleg.state.az.us/ars/25/00408.htm. Essentially, you would need to write, sign, date and deliver a letter--certified-return receipt-restricted delivery (that last part if anyone else lives in his household)--to your soon-to-be ex informing him of your intentions to relocate. Whether it's more than 100 miles or out of state, you...
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2
Attorney answers:
Is all tribal law the same in the us?
No. There is such a thing as "federal Indian law" that is based on rulings of the United States Supreme Court and the concurring (agreeing) opinions issued by judges in the majority of jurisdictions with publishing rulings. However, each tribe has its own code/laws, which are neither state-specific nor country-specific, necessarily. They are their own sovereign entities. I would look at what the Montana tribe's individual laws state and hire an attorney/tribal advocate admitted to practice in...
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4
Attorney answers:
Does a civil processor have the rights to pepper spray our pets when they have done nothing to provoke it?
Unfortunately, this kind of thing happens all the time. Someone in a position of authority (often a police officer or, in this case, a presumably licensed/bonded/certified process server) comes onto private property with the authority to do so for a specific, limited purpose, but somehow gets scared by the family dog(s) or does something to agitate or incite the animals and suddenly there's pepper spray and much, much worse. (Trust me: We read a case in Animal Law in law school about a "...
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