Legal Question in Family Law in Arizona

voidable actions for divorce

Dear Sirs; My question is that if a divorce occurred and the parties involved did not change their living arrangements, to say they never ceased to co-habitate as husband and wife until three years afterwards does this basically void the intentions of the Decree?


Asked on 12/05/02, 7:02 pm

1 Answer from Attorneys

Rich Peters R. J. Peters & Assoc., P.C.

Re: voidable actions for divorce

No.

The Decree remains valid, and enforceable, unless and until someone takes steps to have it "set aside" or modified. Perhaps the continued cohabitation could have an effect on whether a Judge would set the Decree aside, or modify it. It really depends upon the totality of the circumstances.

I can explain the issues better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/06/02, 10:51 am


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