Legal Question in Family Law in Arizona
did not respond to divorce--help?
I was served with divorce papers. I did not respond to them. I was then mailed a ''default'' notice , and did not respond. Now I realize how stupid I have acted and want to know if I'm to late. Do I have any chance of correcting this error?
The only issue I want a say in , is about having joint custody. so my wife can't take my daughter away from me forever. she has threatened to leave state w/ her and never let me see her.
please help....time is running out.
2 Answers from Attorneys
Re: did not respond to divorce--help?
Well, you are in somewhat of a predicament but the rules allow you to try and overturn the judgment(if there has been one) for up to 6 months under certain circumstances. If there has been no judgment, you can find out when the default hearing is(which is required) and show up and try and contest it.
Please let me know if you have any questions. You can reach me at 602-999-5555. I strongly encourage you to take action immediately.
Re: did not respond to divorce--help?
Sent 1/8/2004
There is a method to attempt to "set aside" a Divorce Decree obtained by default. However, timing is very important. The sooner you file such, the better chance you have of success.
I can explain the procedures and issues better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.
Please call me directly to discuss the specifics of your case, or contact my assistant Audrey to schedule a free 1/2 hour consultation. I look forward to talking with you.
I would encourage you to deal with this matter very quickly.
/s/ Rich J. Peters, Attorney
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JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com