Legal Question in Family Law in Arizona
arizona divorce for a foreigner
My husband and I live separately for about 2 years. In fact I live in another country and he lives in Arizona. He wants to divorce me, which I don't mind. I have no interest to go to Arizona to contest a divorce process. But his last message made me worry. He says: ''I wish not to have a judge grant a legal divorce in the USA due to abandonment, but it's my only option at this point. I have attempted to get in contact with you several times now. I have documented each and every time. If I don't hear from you by the end of March I will go ahead with the proceedings. This will never allow you in the USA again until your legal matters are settled here with the Judge. You will be brought in front of him regardless of where you are in the US.'' Is it true what he wrote me? I know the divorce in Arizona is ''no-fault'' so it's strange for me to hear about a ''divorce due to abandonment''. What should I do: to contest or to stay without answering? What can I do from abroad if I have to contest? Can I stay ''disappeared'' and how long it would take a divorce process? Is it true that I'll not be able to enter USA until the divorce is granted? And is it true they can arrest me and bring to the court to contest the divorce process if I enter USA?
1 Answer from Attorneys
Re: arizona divorce for a foreigner
Sent 3/25/2003
Your ability to enter the U.S. will have absolutely nothing do with whether you are divorced by an Arizona Court, UNLESS the divorce other affects your legal residency. I will nto be able to answer Immgration questions as they might apply to you.
In Arizona, it will mean nothing if he claims "abandonment", for the reason you already know: we are a "no-fault" state. Your only concern (assuming your Immigration status is not affected) should be the actual terms he will be seeking in any Divorce Petition. Will he be seeking child support? Spousal maintenance? Will he stick you with all the debt, or ask that you return significant property items? These matters could cause concern down the road if he seeks and is granted certain Orders with which you do not comply.
I can explain the procedures 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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