Legal Question in Family Law in Arizona
About 7 months ago, my wife left town with our child unexpectedly. I left for work, she left for her mothers. She never told me of a plan to leave and I have not heard from her since. I've tried to contact her through e-mail only. She has not tried to contact me. My question is, am I legally seperated from her? I no longer honor this marriage as she has abandoned me. What's my next legal move?
1 Answer from Attorneys
You ARE NOT legally separated until someone files a PETITION FOR LEGAL SEPARATION. You need to file a Petition for Legal Separation or Divorce, so that you can establish your rights and responsibilities regarding custody, parenting time, child support, division of property and division of debt.
Under Arizona law, you DO have a current obligation of child support even though no divorce has been filed. Also, any debt she is incurring right now, technically, is still a "community debt". 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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