Jonathan A Millet's Answers

My wife of 3 yrs is an illegal alien and wants a divorce. What rights does she have to my property and personal items?

Christian Schmidt is correct; a person's immigration status does not limit her rights under Arizona's community property law. The basic rule is that she is entitled to half of the community property and to her separate property. You should consult a divorce / family law attorney for a consultation.

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My nephew is accussed of touching his 3 yr old neice,he claims he didnt

He should talk to a criminal defense attorney as soon as possible, as these could be felony charges. A consultation will cost about $150 to $300.

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If service of process on a photo radar ticket is 120 days - from what date does the 120 days begin?

SHORT ANSWER. If a person never responds to a Notice of Violation, short, there is a 40 day waiting period from the date of the alleged violation, then the complaint must be filed within 20 days. Then the complaint must be personally served within 90 days from the filing of the complaint. LONG ANSWER. First, a Notice of Violation is issued. This is prior to an actual ticket. Rule 38, Rules of Procedure, Civil Traffic & Civil Boating Cases. The delivery "must be initiated within ten days...

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Damaging credit for soon to be ex not making mortgage payment she refused to sell

You may have a cause of action against her if she had a duty to pay the mortgage beyond that of the original loan agreement. But if you are both on the loan, as you state, then that is the consequence of a loan default by a joint debtor. Barring some detailed agreement in a divorce settlement or decree for her to pay the loan, you probably would not succeed. For a more definite answer, you should consult with a family law or divorce attorney. It should cost about $250.

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Guaranteed judgments

I agree with Ronald. Guaranteed judgments would certainly be a nice thing to have. Judgments are just a piece of paper that says they owe you money. The difficult part is getting a person to pay. This usually requires Writs of Execution and Garnishment. Sometimes, the collection process can cost more than the judgment is worth. Legal Disclaimer. I am not your attorney. The only method of establishing an attorney--client relationship with me is by a retainer and fee agreement signed...

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Am I required to give a 30 day notice if my lease was up?

The lease may have had an automatic renewal clause. If so, you would have had to give a 30-day notice. Your options are to have an attorney review the lease and give you a consultation on how to respond or to represent yourself in the lawsuit. If you represent yourself, you should familiarize yourself with the procedural rules that apply.

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I have two photo radar tickets, one I know I was not speeding. how can I prove it?

Please read my guide to Arizona's procedures for photo radar tickets, linked to below. In short, if you do not respond, the city or town that issued the ticket must hire a person to serve you with the ticket (or someone of an appropriate age at your home). Please note that the above rules may change this year. Legal Disclaimer: I am not your attorney. The only method of establishing an attorney--client relationship with me is by a paying an advance fee deposit and fee agreement...

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My mother recorded a beneficary deed in my favor in 2008. Then wrote a will leaving the house to me and my brother and sister.

The beneficiary deed usually prevails. Your siblings could argue that the beneficiary deed was prepared while your mother was legally incapable of preparing it or was being improperly influenced. Further, the will may not satisfy the legal requirements for a will in Arizona (two witnesses, notarized). You should consult with a probate attorney; the consultation should cost about $150 to $300. To avoid a dispute (and to retain good relationships), you may wish to consider splitting the...

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Can cps take my newborn .

You should consult with a dependency attorney as soon as possible. The longer you wait in the process the more difficult it will be to help you in your case. CPS workers usually form an opinion (consciously or subconciously) of how the case should end and then work towards it while observing the formalities. They are not "neutral;" for that role, look to the judge. A consultation with a dependency attorney should cost about $150 to $300.

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Can I refile or file in another court for a Petition Against Harassment in Justice Court?

From what you have said, it sounds like you had a hearing about the injunction and the judge decided not to grant it and did not accept the exhibits into evidence. If you appeal the judge's decision, the appeal would be to the Superior Court. City courts or municipal courts, like justice courts, can hear the initial petition. As for help with the appeal or filing a new petition, I would direct you to contact a litigation attorney or Community Legal Services in Phoenix for further help. You...

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