Posts

How do you file for divorce after 24 years of being separated?

Question:

How do you file for divorce after 24 years of being separated?

My mother has been seperated from my father for over 24 years. She doesn’t know where he lives. The last known residence was a prison in St. John’s, Arizona. She is looking to get remarried. How do you get a divorce without the other party present?

Answer:

In order to obtain a divorce in Arizona, the Petitioner must serve the filed documents on the Respondent. In a case such as this, where his whereabouts are unknown, once she has done a diligent search to locate the other party, such as Internet, etc., if she is unable to locate him, she can serve him by publication in a newspaper. She does not have to succeed in locating him to get divorced, but she must make a diligent effort to do so.

The entire process takes about 120 days and many law firms, such as The Sampair Group can complete the process for a flat fee.

Congratulations to your mom.

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

What should I do if I choose to deny a divorce agreement?

Question:

What should I do if I choose to deny a divorce agreement?

I finally told my husband that I wasn’t going to sign the agreement we wrote up for our divorce. I told him I am getting a lawyer. Now he refuses to help pay the monthly household bills. Can he do this?

Answer:

You should file for divorce immediately. Since your case is not before a Judge there is no one to force him to pay for anything. You should also immediately ask for temporary orders to get the court to order him to pay the bills.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

 

Is it true that the law says in a divorce inheritance, money can not be split?

Question:

Is it true that the law says in a divorce inheritance, money can not be split?

My husband and I have been married for 25 years. He’s 70 and I’m 65. We have just settled in Phoenix and bought the home. He recently inherited money 6 months ago when his mother passed away.

Answer:

An inheritance would not be community property, if it is kept separate. If the money was co-mingled with community funds, or the house purchased was titled in both spouses’ names, then the money or home would become community property, subject to division.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce lawyer Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

How do you find out which law firm assists the other party?

Question:

How do you find out which law firm assists the other party?

I suspect my ex is being represented by a New Hampshire law firm for family court matters in Arizona. All her filings are professionally written but submitted by her directly as if she had written them herself. I called a firm that would not verify if there was a client conflict, pretending that their computers were “slow”. The head lawyer was happy to talk with me and ask lots of details. How could I find out if they are representing them? Are they allowed to do this? What remedies could I have?

Answer:

If an attorney represents the other party, they will file a Notice of Appearance with the court.

If an attorney is consulting with the other party or for whatever reason does not file a Notice of Appearance with the court, you are not “entitled” to that information and you would deal directly with that other party.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

Can my ex-wife prevent me from selling our house, only my name on the deed?

Question:

Can my ex-wife prevent me from selling our house, only my name on the deed?

My ex-wife and 18 year old daughter have been living in our home for a year now after the divorce. The divorce decree stipulated that the house would be sold and the assets split after my daughter graduated from high school. Now that that date is approaching she is giving me a lot of grief about selling the house. Only my name is on the deed, she signed a “quit claim deed” last time we refinanced. Can I sell the house without her cooperation?

 Answer:

It sounds like the house belongs to both of you. In all probability, if the proceeds are to be split, then you probably do not have the right to just sell the house, in fact, you two are probably required to agree on any sale.

As well, you might have a tough time selling the house if she is living in it and refuses to cooperate with showing the property.

If the decree states that the house is to be sold after the child graduates, you can not start sooner.

I would suggest that you have an attorney review the Decree to advise you of your options before trying to do anything.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valleywide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.

How Do I Fill Out My Divorce Papers?

Question:

How Do I Fill Out My Divorce Papers?

I need help filling out my divorce papers. It’s my first divorce and I don’t know where to start. How you I fill out my divorce papers? How do I start the process?

Answer:

“Filling out papers” is not the way to start any divorce action.

Many people file their own paperwork and represent themselves; however doing so without first consulting with an attorney regarding your rights, responsibilities and options is very foolish.

Most family law attorneys offer a free consultation. The Sampair Group also offers “flat rate” packages on simple uncontested cases.

Even if you have no money at all, start with a free consultation with an experienced family law attorney.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

Offices Valley-wide:
Arrowhead: 17235 N. 75th Avenue, Suite E-100, Glendale, AZ
City North: 5450 E High St #300, Phoenix, AZ
East Valley: 1830 S. Alma School #114, Mesa, AZ

West Valley: 623.218.1000
Phoenix: 602.997.7717
East Valley: 480.636.1333

To read more of Phoenix divorce law attorney Patrick Sampair’s answers on Avvo and be sure to check out his divorce page, or if you have a question for Mr. Sampair ask him directly at: https://www.sampair.com/.