Legal Question in Family Law in Arizona

I live in Arizona. My husband and I were foreclosed out of our house last December (2009) and are currently renting and living in another house. I am a nurse who has work through a temp nursing agency for several years, but have been unable to get any work since last fall, because of the economy and other personal factors.

My marriage of 39 years will be dissolved at some point in the relatively near future. No papers have been filed at this point to my knowledge.

I will move to South Dakota within a few days to be nearer to my 82 year old mother who is in failing health and three of my siblings. My mother is not activly dying at this point, but her health staus is steadily deteriorating. I would rather to be spending quality time with her now than seeing her next at her funeral. I also think that I will be able to get a job at a small hospital near where my mother is. My husband suggested this move and will be providing financing for my trip to South Dakota.

I cannot afford to pay a lawyer at this time, but I am concerned that my husband will charge me with desertion once I move out. I think that this would affect any settlement of his pension from the job he has had for 37 years and I want to protect my interests. Would a letter to myself citing these circumstances and mailed to myself before I move so as to get it postmarked with a date prior to my move help to do this for me?


Asked on 5/19/10, 12:06 pm

1 Answer from Attorneys

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

Simply moving out does not affect your rights to an equitable division of marital assets.

We can certainly help you consider and then pursue your divorce options, whether before or after the move.

We have three attorneys. We charge from $220 per hour to $250 per hour. Our retainers can run as low as $500 for demand letters/phone calls, $1200 plus costs for uncontested matters, or from $2,000 to $4,000 for most contested matters.

We also can structure assistance to help you represent yourself if your prefer.

Please remember that a retainer is just a prepayment of time, and is not an estimate as to the total costs of the matter. If I finish within the retainer, than I refund any unearned amounts.

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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Answered on 5/24/10, 2:37 pm


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