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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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I am trying to follow up on a AZ divorce question. I am using

Customer Question

I am trying to follow up on a AZ divorce question. I am using public library internet and am not available all the time. In 1992 I went to federal prison, leaving all assets to my wife. A house was bought in our names in 1993. She maintained it while I was gone !7 1/2 years. I returned home 12/09 and things did not work out. A divorce is pending. I was asked to leave and am away from home with no responses from wife when asked to work this divorce out our selves. She said I had nothing coming and all money now in checking, savings, retirement was hers. Mine she said was spent to raise two children that are now grown. She used me on her taxes as well as the children drawing my SS disability funds for over six years. Where do I stand on getting something, for years invested? I am 66 years old and on SS disability. She makes 60K a year working for a large computer company (AVNET listed in NYSE) I have no money to obtain a lawyer and she will not negotiate or respond to any mediator to resolve this without expenses I can not afford. I have only few minutes online I will try to get back to you tommorrow.
Submitted: 6 years ago.
Category: Legal
Expert:  Joseph replied 6 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. Has your wife already filed the divorce?
  2. Does she have an attorney?
  3. Are you earning any income?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 6 years ago.
Is there anyone online who can answer any
Expert:  Joseph replied 6 years ago.
Sure, what do you need?
Customer: replied 6 years ago.
I have limited time as I'm on a library cumputer...Where do I stand on an Arizona pending divorce with a home bought in our names 19 years ago when I left all worldly possessions to a wife who was not working and I embarked off on a 17 1/2 yr fed prison sentence. I have been back for 1 1/2yr and things are not working out. She sez all monies in checking, savings, retirement are ghers. My money left behind went to raising her two kids. She nmaintained the home while I was gone. aaaaaashe was not working whenit was purchased with money left behind. She is dissappointed with the outcome as well as me. She is completly unresponsive to any emails, texts. I left with the clothes on my back when I left her with all that is in the house when she moved in. She is an accountt executive for HP and makes 50K plus a year. Can she keep me out of the house for me to get what is there? I am on SS disability, which she drew for the kids for over 6 yrs while I was gone....whats your take??
Expert:  Joseph replied 6 years ago.

Your time in prison is irrelevant, if you were married, then anything accumulated during that marriage is considered marital in nature and subject to distribution between you. She is wrong in her statements that it all belongs go her.

 

As to the house, she can't keep you out without a court order. As to obtaining a court order, it would likely be through a restraining order (RO) or something similar. A RO is based on acts of violence or threats of violence. So, assuming you have not been violent towards her, it's unlikely she could obtain exclusive use of the home during the divorce.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and 11 other Legal Specialists are ready to help you
Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 5 years ago.
My questions were answered
Expert:  Joseph replied 5 years ago.
Excellent! Best of luck to you!