Filing for Divorce....Does it make a difference who files first?

[Epiphany]

What is the name of your state? ARIZONA

Arizona is a NO FAULT state when it comes to marriage dissolution. Does it make a difference who files first? Who has who served?

 

[lawmendez]

Re: Who files first

I dont think it really makes a difference who files first both parties will have the opportunity to proof there case with the court or the judge.

 

[Epiphany]

what about when it comes to child custody

Father is filing for emergency orders to remove children from my care? If he files and has me served, with a petition for emergency orders, does the court consult both parties before making that kind of decision.....

 

[lawmendez]

Re:Emergency Orders

First of all, what state is your case located?

Father is filing for emergency orders to remove children from my care? If he files and has me served, with a petition for emergency orders, does the court consult both parties before making that kind of decision.....

 

[Epiphany]

State.....

Arizona.....as identified in beginning thread

 

[lawmendez]

Re:Emergency Orders

I am not sure you should get more info from an attorney or receive consultation.

Arizona.....as identified in beginning thread

 

[weenor]

Father is filing for emergency orders to remove children from my care? If he files and has me served, with a petition for emergency orders, does the court consult both parties before making that kind of decision.....

Most of the time the court will set a hearing once the initial petition is filed and then give the other side an opportunity to respond. HOWEVER- I have seen cases in which an Ex parte Order for custody has been issued by a judge without informing the otherside or giving the otherside an opportunity to respond.. These are rare cases in which the accusations against the other parent are VERY serious and somewhat verifiable.

 

[Epiphany]

No Serious Charges....

He is just using it as a way to strike back at me, for taking a car. There is no evidence that the children are in an unsafe environment. I have neither prevented the children from speaking to him on the rare occaisions that he calls them, nor denied him visitation, the two times in the last month that he has requested to see them for short visits.

He is upset that he can no longer control my actions or intimidate me, and is trying to hurt me the only way he can, by using the children.

Thanks for the heads up. I am trying to stay informed until I can retain an attorney. I appreciate the advice. It's is kind of unsettling not knowing the law and procedure, when the other party is an attorney.

Thanks Again!!

 

[LdiJ]

He is just using it as a way to strike back at me, for taking a car. There is no evidence that the children are in an unsafe environment. I have neither prevented the children from speaking to him on the rare occaisions that he calls them, nor denied him visitation, the two times in the last month that he has requested to see them for short visits.

He is upset that he can no longer control my actions or intimidate me, and is trying to hurt me the only way he can, by using the children.

Thanks for the heads up. I am trying to stay informed until I can retain an attorney. I appreciate the advice. It's is kind of unsettling not knowing the law and procedure, when the other party is an attorney.

Thanks Again!!

Don't dodge service. Its critical that you don't allow any emergency hearings to take place without you present.