Legal Question in Family Law in Arizona
I was awarded sole custody in my divorce 3.5 years ago in Arizona. My ex filed to modify custody in October. He missed both court dates, and the case was dismissed in Febuary, 2010. He is refiling, and telling the court his attorney did not tell him the court date. His attorney fired him before the second court date. He claims his mail box was to full of junk mail, and it went back to the post office. Any way isnt there a rule that states you have to wait 1 year to refile in Arizona?
1 Answer from Attorneys
You could file a "Motion to Dismiss" based upon these facts, or at least ask the Court to require that he allege only those facts that have arisen AFTER his other attempts were dismissed.
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
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