Legal Question in Family Law in Arizona

I have separated from my husband for 4 years. (he cheated on me) he doe not have the money for a divorce, and I will not pay for it. My questions is if he would write a letter stating" He waves his right to my Life Insurance, 401k and retirement" will this hold up in court in case I would die??


Asked on 6/04/13, 9:41 am

2 Answers from Attorneys

Joan Bundy Joan Bundy Law

I am sorry to hear about the situation you are in. However, you really do need to get the divorce accomplished or, as you fear, there could be probate complications. It really isn't all that expensive to get a divorce, especially if you do a consent decree (where you both agree on all the terms of the dissolution). There is a filing fee for both parties, but it is not astronomical. In Maricopa County, where I believe you live based on the ZIP code you provided, the petitioner (person who files the petition) pays $328, and the respondent pays $259. That's your total expense, aside from postage to get the respondent served (certified mail is cheapest, at around $10), copies, and your time filling out forms that you can download for fee online and filing them with the clerk of court. Best of luck!

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Answered on 6/04/13, 9:54 am
Joan Bundy Joan Bundy Law

FYI, I meant FREE not fee downloads. Sorry!

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Answered on 6/04/13, 11:24 am


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