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FAQ

What Is A No-Fault Divorce?

No-fault means that neither you or your spouse have to prove blame or responsibility to end the marriage. You simply need to say that the marriage is "irretrievably broken," which means neither you or your spouse want to continue the marriage. But, if your spouse was physically or emotionally abusive, abused drugs and/or alcohol, or mismanaged your finances, their behavior may still be taken into account during custody or division of property.

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What Is Sole/Joint Decision Making?

In most cases it's joint decision making meaning both parties have to discuss any major decision about the child, including living, school, child care, medical, dental, and psychological care arrangements. In Arizona, a court generally gives a parent sole custody if:

  • The other parent is absent or missing.
  • The other parent is in jail or prison.
  • The other parent abuses alcohol or uses illegal drugs.
  • The other parent has been violent toward the parent who wants custody and it is unlikely that the parents will be able to work together in making decisions about the children.
  • The parent with whom the minor primarily resides gets to make the decision if they can't agree unless they are required to go to mediation.

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Can My Spouse Move Out Of The Country Or Out Of The State?

In general, unless and until divorce papers have been filed by either parent, the parent with primary custody can move out of state. After divorce papers are filed, this cannot occur without 60 days notice of relocation by the parent with primary custody.

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What Is Common Law Marriage?

Arizona does not recognize common law marriage.

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Can I Do The Divorce By Myself?

Technically you can, but you should note that divorce decrees and closing documents are very complex. Unless you have worked with these documents closely, a nonprofessional's chances of success are low. If the idea is to save money, you may find your divorce decree disapproved by the court because it is not sufficient. Contacting an experienced, knowledgeable divorce attorney is your best bet at getting what you deserve.

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What Is A Bond?

A bond is set in place in a criminal matter to ensure you will appear at each court hearing until the case is completely resolved.

It is possible that no bond may be set. This is the case in situations of violation of probation, ICE (immigration) holds, and certain capital crimes.

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How Is A Criminal Case Resolved?

Criminal cases are resolved by either the defendant accepting a plea offer or going to trial on all of their criminal charges. Occasionally, the defendant's case is dismissed, however this does not happen often. If a plea offer is made by the prosecutor, that plea is given to the defendant's attorney who will then discuss all aspects of the plea with the defendant. If the defendant chooses not to accept the plea, the matter will proceed to trial.

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If you seek counsel in criminal defense or family law, call (928) 941-1414 to speak with an attorney at Law Office of Richard B. Geller. Our office is located in Tucson, Arizona. The initial consultation is always free.


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