Legal Question in Family Law in Arizona
I recently moved out of the house my wife purchased using her inheritance. I was given the boot the night after we moved into the house she bought. I am accused of verbal, emotional, and more abuses. However, she drops the kids off at my apartment, which i found within a week of being ask to leave, and picks them up and night on her way home from work across town. I baby sit the kids, take them to school and pick them up from school. We are cordial now but she has been fishing for answers to justify her wanting a divorce. I would like to reconcile but she is hell bent on divorcing. What rights do I have for custody and seeing my kids. I have accepted that the marriage is over and she wants to file the divorce papers. The weird this is she does not want me to file. I am confused and feel like a yo-yo in a bad movie where she is controlling and directing the movie.
2 Answers from Attorneys
First of all, I'm sorry this is happening to you. Divorce ends more than half of all marriages, as I'm sure you know. And a lot of the things you are experiencing have unfortunately been experienced by many. That does not make it easier but at least it may be some small consolation.
In Arizona as well as most states no reason is required by either spouse to seek and obtain a divorce. It's call a "no-fault" jurisdiction. So I wouldn't worry too much about her accusations unless she decides to try to use them against you when it comes to child custody/support, etc. Then you would have the right to defend yourself against the allegations. I wouldn't worry about that too much at this point.
If she wants the divorce, let her file the required paperwork with the court. Chances are good you will be given joint physical and/or legal custody, particularly if there hasn't been abuse or domestic violence issues. Child support, if any, would be ordered based on relative income, number of children, etc.
Best of luck to you!
You do not "babysit" your own kids. You are entitled to regular access.
If you do not want her to be able to file, you can file a Petition for Conciliation, which forces both of you to counsleing.
We can certainly help you consider and then pursue your options.
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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