Tucson Family Law

TUCSON DIVORCE - ARIZONA FAMILY LAW

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Tucson Arizona Divorce – General Information

What are the residency requirements? One party must be living in Arizona for at least 90 days prior to filing for divorce.

What is the waiting period for a legal divorce? In Arizona, if one party is unwilling to agree that the marriage cannot be repaired, Arizona courts may order an additional waiting period of 60 days for further discussion and consultation. Following that time, the court may choose to make a final decision. If it is determined that the marriage is broken and cannot be fixed, this can be defined "no reasonable prospect of reconciliation."

What is a 'No Fault' Grounds for Divorce? This requires both sides to consent that the marriage is irretrievably broken.

What is meant by Defenses to a Divorce Filing Only? In this situation, the defense is saying that the marriage is not irretrievably broken.

What is meant by ‘Other Grounds for Divorce Only’. In this situation, it is determined that the relationship between the couple is deemed to be irretrievably broken. At this stage, provisions by the court have been set for child custody, support, disposition of property, and support of spouse.

Tucson Divorce - General Do’s and Don’ts

DO’s

Do talk to your children. Make sure they understand that they were not the cause of the divorce. Tell them you love them.
Do let your children know that the divorce should not cause them any shame. Talk about the situation. They may even want to share stores with you about friends they have who have been through similar experiences.
Do work out a plan with your spouse as to schedules and visitation - and make every effort to stick to the schedule.
Do encourage the child to have a continued relationship with your ex-spouse.
Do your best to maintain a stable, consistent familiar environment.
Do let other adults who may interact with your children know about the circumstances (for example teachers) – especially as it relates to scheduling and other areas that might be impacted.
Do remind your children that although there may no longer be love between you and your spouse – you will always have love for them.
Do consult with a Tucson divorce attorney, especially if children and/or assets are involved. If this is your intention, you’ll need to save for your legal costs.
Do make photocopies of important documents. You may need these for your attorney or as proceedings develop.
Do pay close attention to your credit accounts – and cancel and joint accounts. You could be held responsible for those accounts later.

DON’TS

Don't attempt to cause hurt by discouraging visits.
Don’t allow yourself to say anything negative about your ex-spouse in front of your children, regardless of what your own personal feelings may be.
Don't put your child in the position of messenger. They are not there to be used as a courier relaying messages on your behalf.
Don't prevent your ex-spouse's parents and other relatives from having access to the child.
Do try to include your spouse in important decisions and events in your child's life.
Don't allow issues of visitation or custody to become linked with those of alimony and child support.
Don't allow disagreements to escalate into nasty, verbal fights in front of the kids.
Don't put your child in a position of having to decide who they would prefer to live with.

Tucson Family Law - Recent Family Law Questions to Legal Line

My Husband has a 9 year old son with his ex-wife. They divorced when the son was only 4. The ex-wife has made life a living hell for everyone including her son. She just recently told my husband he is not the biological father of the child. She also has brought in the bio Dad and told her son this is his real dad and to ignore his other dad. I see no way this woman will ever let up and give anyone any peace.

What does it take to relinquish parental rights?

Approximately a year ago, my son advised me I was a grandmother. I was in touch with his girlfriend for a year, in hopes we could see the granddaughter. My son honestly doesn’t know if this baby is his. The girlfriend changed her number, and I have made several attempts to see the granddaughter with no response. What can I do?

I have a quick question regarding a recent divorce ruling. It was written in our judgment of divorce that my ex-spouse was to pay me $100 the first of every month beginning May 1st. May and June, he paid on time. Today, July 1, I have not been paid. What are the rules/violation repercussions for him not paying me on time? Do I have any pull here? Please let me know what I can do.

My ex-wife and I were divorced a little more than two years ago. We have a 12-year old daughter. I recently remarried and my ex-wife is causing difficulties in spending time with my daughter. She says that she does not want my daughter to be at my house with my new wife. My ex-wife has said that she will only let me share time with my daughter at her house. She is also influencing my daughter to resist coming to my house or spending time with me. I would like to know if I should involve an attorney, or if this is a situation I need to work out with my ex-wife outside of court.

My daughter’s father has never seen her and she is almost 6 and he is now trying to get visitation rights to lower his child support. Can I file abandonment paperwork so he loses his parental rights or can my boyfriend who has been her acting father for 3 years file as her defacto father?

My ex-husband and I separated in March. The paperwork I signed in front of a notary clearly stated he got the house and his car, and I got my car and my belongings. When I received the final decree on the 18th of this month, he went behind my back and added me to his debt on a credit card I had no access to, and that he had before the marriage. We were only married a year, his balance is apparently $18,000, and the court awarded him that I pay $5,000 of it. He also took my wedding rings out of my jewelry box, and when I had asked for them back, he said he pawned them. In the final decree, it states he was awarded them, so he lied to me about that too. It says I was served default papers with these revisions, but he lied or forged my signature, as I was out of town. He cheated on me many times, and now he pulled this. I would like to know if I can get the judgment reversed so I am not attached to his debt in a post decree judgment at the very least. I did everything he asked of me to get this divorce over with, and he had the nerve to do this to me.