Legal Question in Family Law in Arizona

Divorce law in Arizona

I was married in Bullhead city AZ in 2001. Later that year, my wife cheated on me (admittedly) and I was forced to move back to Oregon. Her boyfriend has been living with her ever since. The house is in her Grandfather's name, but we were in the process of buying it. Of course I want to sue her, can I ? What are some things I need to know about getting divorced in Arizona? How long do I have to live there again before I can file for divorce? We have a 5 year old daughter and my wife does drugs around her. Since no custody has been established yet, What will happen with her custody issue? Neither one of us has much money, Do the courts make people spend alot of money on divorce with custody?


Asked on 4/11/03, 8:58 pm

1 Answer from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: Divorce law in Arizona

Thank you for your iquiry. You've asked many questions, and I'll try to hit each one briefly. First, as long as at least one of you has lived in AZ for 90 days, you can file here. If she doesn't live here anymore, you'll want to file in the state where the child is now located.

If the case is in AZ, the rules for custody depend on "the best interests of the child." If you can prove the drug use (especially around the child), this would be helpful.

Assets and debts acquired during the marriage must be divided "equitably." Regarding the house, without additional information, it sounds like you and she were making payments and intending to buy it, but never got that far, so it is more like you were renting the property (unless you had some sort of rent-to-own contract).

The courts do not require people to spend a lot of money on their cases; there will always be some court costs (filing fee, process service, etc.), but it is not mandatory to hire an attorney. If you do choose to hire an attorney, the cost will depend on how complex the case is and how many issues the parties dispute. If you choose to hire an attorney, you'll want to be sure to hire someone in the county where the case is filed - it won't do any good to hire someone from a different part of the state.

I hope this information has been useful.

Monica Donaldson

Read more
Answered on 4/12/03, 11:33 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona