Legal Question in Family Law in Arizona

Re: Contesting

Sent 4/16/2004

There is a way that you can DELAY the divorce, and force counseling. However, if your spouse truly wants it, in Arizona, you cannot ultimately prevent it from going forward.

I can explain the procedures for delaying the divorce better by phone or in person. As you can imagine, there is too much to cover via e'mail. 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 Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

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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

Re: Contesting

Thank you for your inquiry. Since Arizona is a no-fault divorce state, you cannot stop your spouse from filing and obtaining a divorce. You do, however, have a right to seek an equitable settlement.

If you believe the marriage is not "irretrievably broken," you have the right to ask the court to order the other party to participate in counseling before the divorce can proceed. Although this is successful in a small percentage of cases, it is my experience that it simply creates a delay in the proceedings, and the divorce will still go forward.

I hope this information is useful.

Sincerely,

Monica Donaldson