Legal Question in Family Law in Arizona

If he is the one who filed the divorce, he must be present for the default to be granted. There are a couple options:

1) Try to arrange for a telephonic appearance (the paperwork would have to be delivered to the judge in advance)

2) Proceed by "consent" instead of "default" - this means that both parties sign the decree at the end and there is no hearing - the paperwork is just submitted to the judge for review and signature. This might require the payment of a filing fee for the Respondent, but it can be done without anyone being present at the courthouse.

I recommend that your boyfriend speak with an attorney before he begins his incarceration to discuss the options and figure out what works best for their situation.

Unfortunately, the POA will not allow you to stand in for him at the default hearing. AND, if he is in default (which means his Wife filed and he has never filed a response), the hearing likely will go forward even if he is not there. HE MUST TAKE STEPS TO PROTECT THE ISSUES.

We can certainly help him consider and then pursue his options.

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