Legal Question in Family Law in Arizona

Re: My Husband

It is not clear from your request whether you are (A) caring for the child and need financial assistance to help care for the child or (B) whether you are seeking information before filing for a divorce. As a general rule, the Courts will not be able to help order paternity testing, just because you are curious.

If you are a third party caregiver for the child, yes you should be able to get financial assistance from both the mother (your niece) and the baby�s father. I would recommend you open a Child Support Enforcement case, if you haven�t already. Check out the DCSE website for an application form and the contact information for the office in your county at http://www.de.state.az.us/dcse/default.asp.

If you are considering a divorce, it sounds like you may have some reason to end your marriage. Keep in mind that Arizona is a �no-fault� divorce state, so there does not have to be any infidelity or extra-marital act, only a marriage that is �irretrievably broken without any reasonable prospect of reconciliation.� If you want a divorce, the courts generally don�t care whether your husband fathered a child out of wedlock. If you can�t afford an attorney to assist you with a divorce, you may qualify to be able to attend a Legal Aid divorce clinic where they explain how to fill out the paperwork to get the divorce on your own. Check out the website at azlawhelp.org to find out the local Legal Aid office in your area. Even if you don�t qualify for Legal Aid, you may still be able to see a divorce on your own. Check out the free forms at http://supreme.state.az.us/selfserv.

If you think your marriage can be saved, there are services available. You could check with your church, your employment insurance may cover the cost of counseling. Every county in Arizona offers free Conciliation Services, start by contacting your local Superior Court Clerk. Good Luck.