Does filing for legal separation prevent me from being responsible for my spouse's frivolous credit card spending?
Jay's answer
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Answered on January 04, 2019
My colleague is correct, but I wanted to clarify since the question was ambiguous. It would terminate the marital community effective the date of...
Archived
If I write a letter to the opposing parties lawyer do I need to send it to the courts as well?
Jay's answer
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Answered on January 04, 2019
No, correspondence between parties isn’t filed. You have a right to far more than a pay stub. Review Rule 49, Arizona Rules of Family Law...
Archived
I am currently in the process of getting divorced and my Ex will not pay his truck loan. Can I pawn or sell his personal items?
Jay's answer
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Answered on January 04, 2019
No, the preliminary injunction prohibits disposal of any community property. You’d need to consider temporary orders if you need more immediate...
Archived
What can i do to avoid financial catastrophe derived from divorce?
Jay's answer
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Answered on January 04, 2019
Unfortunately it isn’t always possible to avoid financial consequence of divorce, including damage to your credit. Even if those debts are assigned...
Archived
What exactly is a Discovery statement? I've already filed an Affidavit of Financial with courts? What else do I need to provide?
Jay's answer
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Answered on January 04, 2019
Rule 49, Arizona Rules of Family Law Procedure, provides the minimum disclosure requirements for each type of contested issue.
Archived
What if the court of appeals says it does not have jurisdiction over a civil case what do you do then?
Jay's answer
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Answered on January 04, 2019
You simply have to wait until the superior court’s final orders are signed. But you might want to consult with an appeals attorney before you renew...
Archived
What is the right path when it comes to child support orders not being followed or paid?
Jay's answer
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Answered on January 03, 2019
Those remedies aren’t exclusive. If he’s not following an order, enforcement is appropriate. But separately if there’s been a substantial and...
Archived
What is the filing time period in family court for a motion for amended judgment?
Jay's answer
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Answered on January 03, 2019
It's fifteen days. It's unlikely to be rejected as untimely, there is a strong preference to resolve issues on their merits rather than procedural...
Does a plaintiff need to respond to an answer filed by the defendant?
Jay's answer
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Answered on January 03, 2019
No, plaintiffs typically are not allowed to file a reply to the defendant's answer. In case it helps, everything the defendant did is totally...
I just found out my ex lied on discovery during our divorce in 2008. She hid accounts. Can I reopen the case?
Jay's answer
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Answered on January 03, 2019
First, it probably depends whether you went to trial. If you settled, you likely avowed that you were satisfied with disclosure.
The rules of...
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