Legal Question in Family Law in Arizona
In October of 2009, my husband and I had a fight and he left for a few weeks. When he returned, he told me to take my girls and leave, so I did to avoid any further confrontation. The girls needed to return to school, so I brought them home, but did not return myself. I took clothing and books, but no furniture, did not put in a change of address, because we didn't know if we should file for divorce or not. Things have not got any better so my husband filed for divorce on 2/5/10 because I could not afford to. Do I still have the right to go home? It is still "our" house and my children are living there and I can't stand to be away from there any longer. Can he legally stop me from going home?
3 Answers from Attorneys
Here's the thing: If the house was bought during the marriage in particular, you have equal rights to it. Question ultimately is whether it's in your best interest to go back there with the kids-will things escacale? Was there previous domestic violence? Don't put yourself in harms way. Might want to .ask for temporary order to try and get exclusive use of your home pending the outcome of the case.
Let us know if there is something we can do to assist.
Ronee
You might want to hire an attorney in your county. You need to file an Answer! You may qualify for assistance from Legal Aid--see http://www.azlawhelp.org/. Many people represent themselves. You can use the forms at the Maricopa County Self Help Center in any county in Arizona-see http://supreme.state.az.us/selfserv/. You can use the 3 forms to seek a waiver or deferral of filing fees.
You need to file an Answer! You can find a sample Answer form on the Pima County forms see-http://www.cosc.co.pima.az.us/home.asp?include=pages/online_forms.htm.
You should consider seeking temporary orders, includings a) exclusive use of the residence b) custody determination c) temporary child support d) temporary spousal support/alimony for you and e) attorney fees for you to be paid by husband.
You can also open a case with the Child Support Enforcement Office (it's free) see-https://www.azdes.gov/dcse. They will help you get child support payments.
I work in Cochise County and don't practice in the other Arizona counties.
Good Luck,
Jeanne Benda Whitney
Whitney Law Office
P.O. Box 2439
Sierra Vista, AZ 85636\
(520) 507-2067
FIRST, IT IS IMPORTANT THAT YOU FILE A TIMELY RESPONSE.
You have the absolute legal right to return home, but this may not be the best decision. AND you should not put yourself in a dangerous situation. You also have the right to seek "exclusive use and possession of the residence" along with custody of your chgildren.
We can certainly help you consider and then pursue your options.
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 Gloria or my paralegal Jennifer to schedule your free 1/2 hour consultation
/s/ Rich J. Peters
RJ 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