Legal Question in Family Law in Arizona

I have been married for last 8 years. However we have been living apart for last 4 years and my husband does not share any common responsibility anymore. We are not legally separated but we are financially independent. At this point I would like to file for a divorce. I do not know where to start or what are the steps that I need to go through in order to complete the process. We do not have kids or any joint accounts. What is the best way to start the process. I have mentioned this to my husband and he is alright with the decision. However, he said that he would like me to take initiative if I do not want to be married anymore.Please help.Thanks!


Asked on 1/13/11, 2:01 pm

1 Answer from Attorneys

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

You need to file a Petition for Legal Separation or Divorce, so that you can establish your rights and responsibilities regarding division of property and division of debt. Under Arizona law, any debt he is incurring right now, technically, is still a "community debt". Also, any property you are acquiring is still "community property". You need to file in order to "draw the line" as to community property and debt.

We can certainly help you consider and then pursue your options for proceeding. This is obviously a very important matter, and you should not go in alone.

One of our attorneys can explain the issues and procedures better in person. As you can imagine, there is too much to cover via email. We offer free 1/2 hour consultations, in which we can discuss your matter in detail.

Please call us directly to discuss the specifics of your matter, or contact my assistant Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.

/s/ Rich J. Peters

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

1422 North 2nd Street, Suite 100

Phoenix, Arizona 85004

602-254-7251

facsimile 602-254-1229

see our website at www.familylawaz.com

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Answered on 1/20/11, 8:37 am


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