Legal Question in Family Law in Arizona

Civil Failure to Appear

My spouse is incarcerated and therefore cannot respond to my divorce petition. Will he receive a failure to respond/appear bench warrant for his arrest?? Thank you!


Asked on 11/13/06, 9:52 pm

2 Answers from Attorneys

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

Re: Civil Failure to Appear

It is not a crime to not respond to a divorce petition. Him not responding simply allows you to proceed by default.

If you desire assistance, we can absolutely help.

I can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. 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 Alicia or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/22/06, 11:04 am
Jeanne Whitney Whitney Law Office

Re: Civil Failure to Appear

There shouldn�t have to be warrant. If you have filed or will be filing for divorce, the paperwork should be served on your husband in prison. Either a process server or the sheriff�s office in the county where the prison is located can do the service. This service in a civil case acts just like any other civil matter. He can choose to file a written response or not. If he does not respond, you would be able to proceed with a default divorce. You may wish to consult with an attorney or read the rules to be sure you take the correct steps for a default. If he does respond, he can request to appear telephonically for any trial or hearings. NOTE OF CAUTION: Be sure he is served in prison, otherwise, he might be able to challenge the results of the divorce later.

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Answered on 11/14/06, 12:11 pm


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