Equitable Distribution - Arizona

[JessiesGirl]

What is the name of your state? Arizona

My soon to be ex husband filed for divorce March 5, 2007. I accepted service April 3, 2007. Arizona has a 20 day window from the time the Respondent accepts service to dispute or respond to the requests of the Petitioner. After that 20 days, apparently either party may petition the Judge for a Default hearing. I believe the 20 days ends April 23, and I have not disputed the requests because I just want the divorce to finalize so I can move on with my life. My stbx requested EVERYTHING, including the house, the business (that I successfully helped get off the ground), sole custody of my 5 year old son, and all other assets. It's completely unfair. The only question I have is whether the Judge will look at the paperwork and just say OK without regard to whether what my stbx is wanting is fair or reasonable. I really want some fairness but I also really want to get divorced without a huge fight.

Thank you in advance for any advice,

Kathy

 

[LdiJ]

What is the name of your state? Arizona

My soon to be ex husband filed for divorce March 5, 2007. I accepted service April 3, 2007. Arizona has a 20 day window from the time the Respondent accepts service to dispute or respond to the requests of the Petitioner. After that 20 days, apparently either party may petition the Judge for a Default hearing. I believe the 20 days ends April 23, and I have not disputed the requests because I just want the divorce to finalize so I can move on with my life. My stbx requested EVERYTHING, including the house, the business (that I successfully helped get off the ground), sole custody of my 5 year old son, and all other assets. It's completely unfair. The only question I have is whether the Judge will look at the paperwork and just say OK without regard to whether what my stbx is wanting is fair or reasonable. I really want some fairness but I also really want to get divorced without a huge fight.

Thank you in advance for any advice,

Kathy

You are a fool if you let this divorce go through this way. You will regret it bitterly. If you don't contest the divorce, your stbx will likely get everything he asked for.

Get your butt into see an attorney immediately. AZ is a community property state and you are entitled to half of the marital assets (and responsible for half of the marital debt). There is also no way (unless you are unfit) that a judge will award him sole custody of your child if you object.

 

[JessiesGirl]

Response

I retained service of an attorney this afternoon. I feel better knowing that I finally have somebody on my side; in my corner. I'll keep you all updated. This lawyer is one I had a consultation with a couple of weeks ago. I called them today after receiving another amendment stating my stbx will try to take my 9 year old son (who is not biologically his or legally). I am boxed into a corner and now I'm fighting. I had hoped it wouldn't come to this but my boys are the most important things to me. I figured since I was going to fight to keep my boys I may as well fight for my rightful share of the assets too.

Prayers are needed. Thanks in advance,

Kathy

 

[Bali Hai]

I retained service of an attorney this afternoon. I feel better knowing that I finally have somebody on my side; in my corner. I'll keep you all updated. This lawyer is one I had a consultation with a couple of weeks ago. I called them today after receiving another amendment stating my stbx will try to take my 9 year old son (who is not biologically his or legally). I am boxed into a corner and now I'm fighting. I had hoped it wouldn't come to this but my boys are the most important things to me. I figured since I was going to fight to keep my boys I may as well fight for my rightful share of the assets too.

Prayers are needed. Thanks in advance,

Kathy

I'm praying for you Kathy. The only hitch I see in your gitty-up is that you refer to the children in this marriage as soley YOURS. I believe you are in for a rude awaking.

 

[JessiesGirl]

Well, the 5 year old boy is my ex's and mine. The 9 year old boy is mine and paternity has been established with the bio father in order to terminate it (my ex wanted to adopt). My lawyer said the ex's amendment to try to take the 9 year old won't wash in court. However, she said the bio father needs to know. We called him yesterday to let him know. The biggest fear I have is that I will lose both of my boys and that I am powerless.

I received a brain injury back in July 2005. In order for the medmal lawyers to proceed with the lawsuit, I had to endure several tests, both for the plaintiff's and defendant's side. I've had neuropsych evals and vocational rehab tests. I also found myself in cd rehab about a year ago. In fact, last year right about this time I had come home from rehab and 4 days later found out about Amber, my ex's new girlfriend. So then my ex tells me he's had enough and wants me to leave.

What I worry about is that the rehab and the neuropsych evals will be used against me by my ex to take the boys away - says I'm not a good mom. Yes, I have cognitive deficiencies. Heck, if I didn't, the lawsuit would have been tough to win. I love my boys though and believe I can provide a safe and stable life for them. My atty wants the med records that my ex plans to use against me. I don't know how this will end up but I appreciate the advice.

Kathy