Legal Question in Family Law in Arizona
I am currently married to a man who has been incarcerated here in AZ. Been married over a year. I desperately want a divorce. How do I have the sheriff here in Phoenix serve him?? He has been moved to a Tucson prison. Also, I am trying to file for sole custody of our daughter, who was born Feb. 2011. . is there a way to request that my husbands rights be relinquished? There has been horrifying amounts of domestic violence in our marriage (part of why he resides in a prison). Furthermore, how does he get half of what we own if there is no one to take his belongings for him?? He will be incarcerated for a least another 2 years...am I expected to hold on to his things?? PLEASE HELP SO I CAN FILE!! I DESPERATELY NEED THIS MARRIAGE TO BE OVER WITH SO I CAN MOVE ON TO A BETTER LIFE WITH MY CHILD.
1 Answer from Attorneys
You need to contact the facility to determine how they will allow service. Each facility can have different methods.
Also, you can seek to terminate his rights based upon "abandonment", which in Arizona can occur after six months of no contact and support.
As far as his property, you could seek orders that allow its delivery to someone on his behalf.
We can certainly help you consider and then pursue your options for this dissolution and the termination of parental rights. This is obviously a very important matter, and you should not go in alone.
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 Gina or my paralegal Jennifer to schedule your free 1/2 hour consultation.
/s/ Rich J. Peters
R.J. 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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