Legal Question in Family Law in Arizona
I am in the process of a divorce he filed,and thy say they will be takeing a default against me if i do not file,how do i go about this and do i have to?
5 Answers from Attorneys
You should file a response immediately. You can find forms at the self service center or call my office and my paralegal can work with you get one drafted a.s.a.p.
You will need to respond if served. All of the forms and deadlines are available at the court ( you can try and call but may need to go to court). In Maricopa County you can get everything online. You should get notice of default but I encourage you to be proactive and not wait. Time is always of the essence in litigation. If you are looking for full service representation call us at 602-548-4600 or try our DIY service at www.onlinedivorcecoach.com
If the other party served you with a Petition for Dissolution (divorce) that was filed in AZ, then you have 20 days to file a written response (30 days if you were served outside of AZ). If you do not file a written response, the other party may be able to proceed by "default" (this means the case moves forward without your participation). I recommend that you file a Response prior to the expiration of the 20 day period. If the 20 days have passed and you have already received notice that the other party has filed an application for default, then you are within a 10-day "grace period" to get your Response filed.
I recommend that you consult with an attorney who can review the Petition and help you formulate a reasonable position and assist you with your Response. You can also find the forms/instructions to file a Response at the self-service center for the Maricopa County Superior Court: www.superiorcourt.maricopa.gov
You should file a Response. We can certainly help you consider and then pursue your options. 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 Alicia 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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Ex wife is threatening to take child out of state Asked 1/13/12, 5:22 pm in United States Arizona Family Law, Divorce, Child Custody and Adoption