Divorce & Annulment

questions & answers

Question: My husband filed for divorce and I was served the papers. I was unable to go to the court date so divorce was granted by default. Decree says I went to parenting classes which I didn't. Also ex doesnt have to pay child support or alimony even though he left the family and was having affair. Can I file for child support and alimony since we were married for 20+ yrs.? We get adoption subsidy for our daughter and he wants half of that but only has her 48hrs/wk. What can I do?

Answer:

Divorce in Arizona is no fault.  It doesn't matter if there was adultery.  You do not say if you filed a response to his petition for dissolution of the marriage.  His filing a petition for dissolution and serving you with those papers obligated you to respond if you had any objections to the requests listed in his petition.  (A.R.S. Sections 25-212; 25-214).  At this point, you would be best served by talking with an attorney.  Bring all your paperwork to the meeting.  The lawyer needs to read all of the pleadings to figure out your best course of action. 
There are three programs in Arizona that you can use to get inexpensive legal advice and guidance.  One is the modest means program.  You will need to apply for the program and meet the financial qualifications.  Once you are qualified, Modest Means will send you a list of attorneys whose practice covers your area of concern.  You select a lawyer from the list and will be entitled to a one hour consultation for $75.  If you need additional help and if the lawyer agrees to take your case, the most you will be charged is $75 per hours.  the telephone number is (866) 637-5341.  Both Maricopa County and Pima County have lawyer referral programs that offer a 30 minute consult with an attorney.  Maricopa County's Lawyer Referral Service offers a 30 minute consult with an experienced attorney for $40.  The telephone number is  (602) 257-4434.  Pima County's Lawyer Referral Service offers a 30 minute attorney consult for $35.  The telephone number is (520) 623-4625.

QUESTIONS

  • My husband filed for divorce and I was served the papers. I was unable to go to the court date so divorce was granted by default. Decree says I went to parenting classes which I didn't. Also ex doesnt have to pay child support or alimony even though he left the family and was having affair. Can I file for child support and alimony since we were married for 20+ yrs.? We get adoption subsidy for our daughter and he wants half of that but only has her 48hrs/wk. What can I do?

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  • State Bar of Arizona
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    Referral number 602-257-4434
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