Legal Question in Family Law in Arizona

Divorce when the other party won't respond

I have filed for a petition for dissolution of marriage with children and asked for joint custody. My husband will not respond or do anything to move the process along. I want to file for default, but since I haved asked for joint custody I can't unless he signs a parenting plan and he won't. How do I amend my petition to ask for sole custody?


Asked on 11/13/06, 11:34 am

2 Answers from Attorneys

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

Re: Divorce when the other party won't respond

You must simply copy your entire first petition, change the language, and add the words "First Amended" before the word "Petition". You then MUST serve your Husband again with the new Petition. You cannot simply mail it to him like another response suggests.

We can absolutely help.

I can explain the 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

602.254.7251

602.254.1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 11/22/06, 11:10 am
Jeanne Whitney Whitney Law Office

Re: Divorce when the other party won't respond

File a motion with the Court setting out the facts just as you have in your posted question. A suggested heading could be AMENDED PETITION FOR DISSOLUTION. Make sure he receives a copy, in person or via return receipt mail. Use this new service date to calculate when you can file for default. He may respond and you could still agree to joint plan if appropriate, otherwise you�re ready to end the marriage without his input. Good luck.

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Answered on 11/14/06, 12:19 pm


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