Legal Question in Family Law in Arizona

Even if my spouse has filed papers for legal separation, he verbally told me he did so, but I have not officially been served. Is it his responsibility to set up the process for me to be served in order for his filing to be official? If I havn't officially been served, is there still a limited number of days for me to respond even though I don't know what date he filed it? How do I know if a judge is involved with this yet?


Asked on 8/24/09, 8:16 pm

3 Answers from Attorneys

Joan Bundy Joan Bundy Law

The time for response starts from when you receive official notice of the filing; that is, when you are served the court papers. So no worries until then. But you could check with the court in your jurisdiction to see if anything has been filed and, if so, request a copy.

Read more
Answered on 8/30/09, 1:47 am
Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

Nothing can happen on your case unless and until you are served. His process server or he (if you had accepted service or signed for certified mail) would have to file an affidavit of service with the court. That is what tells the court you have been served. Once you have been served, you have 20 days to file a response if you are served in state. If you do not respond, he can ask the court to enter a default against you. If you desire to know if he filed, and you are in Maricopa County, you can go to www.superiorcourt.maricopa.gov and click on Find A Case. Then click on Family Law and enter in your name.

Let me know if there is anything we can do to assist you.

Regards

Ronee

Read more
Answered on 8/30/09, 3:10 pm
Rich Peters R.J. Peters & Assoc., P.C.

If it is a Maricopa County case, you can check at http://www.superiorcourt.maricopa.gov/docket/FamilyCourtCases/caseSearch.asp for the date of filing. Your deadline for filing a response does not begin tolling until you are served, but it may be important to take steps even before then to insure that he is not claiming that you have been "substitute served".

We can certainly help.

One of our attorneys can explain the issues and procedures better 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 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

Read more
Answered on 8/31/09, 3:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Arizona