Legal Question in Family Law in Arizona

My wife committed adulitry for 6 months at the end of our marriage we have a child that is 11 and has served me papers for divorce.The papers that have been handed to me and have been signed and noterized {but have no mention of our daughter }She called me and said she did that because she wanted my Harley Motorcycle and that she did not want any suport from me.Is this leagal?If not what should i do about it?


Asked on 1/16/10, 9:31 am

2 Answers from Attorneys

Ronee Korbin Steiner Ronee Korbin Steiner, P.C.

The documents are incorrect and therefore have to amended. If your daughter was not included, this means it's a family law case without children which is incorrect. There must be ordered regarding your daughter, even if it means a $0 child support order. The court will need orders on custody and parenting time. If your wife handed the papers to you, that is not effective service. If you signed and notarized an acceptance of service then you have been served.

Read more
Answered on 1/21/10, 9:49 am
Rich Peters R.J. Peters & Assoc., P.C.

Because the child was born during the marriage, it is PRESUMED by law to be a child of the marriage. SO, I would encourage you to AT LEAST have the issue addressed.

You have the right to claim that the child is yours under this presumption, which would give you the right to custody/access. If you do not beleive the child is yours, and you do not care for custody or access, then you should plead in your response that there was a child born during the marriage, non-common to the parties, and that you should have no rights nor responsibiities to that child. I would not want the issue unaddressed.

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

Read more
Answered on 1/21/10, 9:49 am


Related Questions & Answers

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