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Educator the longer i am in this divorce arena the more i

dear law educator the longer...
dear law educator the longer i am in this divorce arena the more i learn.
So basically it comes to rules am i correct? How can I find a rule or procedure that has been broken in order to get a new trial?
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Answered in 8 hours by:
10/16/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,098
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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The rules you would be looking for would be in the Arizona Rules of Civil Procedure, http://azmemory.azlibrary.gov/cdm/ref/collection/statepubs/id/23520

AZ Rules of Court: http://www.superiorcourt.maricopa.gov/LawLibrary/LegalResearch/ArizonaResearch/ArizonaCourtsResources/courtRules.asp

AZ Rules of Family Law Procedure: https://govt.westlaw.com/azrules/Browse/Home/Arizona/ArizonaCourtRules/ArizonaStatutesCourtRules?guid=N1A651810715611DAA16E8D4AC7636430&transitionType=CategoryPageItem&contextData=

You have to look through them to see what they did not follow in your case. It is not easy to overturn any such divorce cases as the courts do not like to do so unless there is some major rule or law violation by the court that would cause them to do so.

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Customer reply replied 1 month ago
thank you law educator
i have attached the following objection to ruling as it is regarding the property. do you think this same objection can be utilized on the dv side with additional facts as it in regards ***** ***** spousal maintenance to possibly overturn the divorce case?

No, the objection speaks only to asset division, those same arguments would not work to overturn the divorce. As we discussed numerous times, the divorce is the termination of the marriage and the court is not likely to overturn that part of the case. The only things they may review would be the spousal maintenance and then there is the separate issue of community property, the dissolution of the marriage under these facts would not be overturned or vacated.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
law educator- based on how this objection was written-which clearly indicates that the debtor/petitioner initated this ball or wel of confusion-
a.which accounted for the procedureal errors made by the dv court- by the petitioner/debtor not acquiring a formal lift of stay to proceed with the divorce
b procedural error- violation of the automatic stay was no request for lift of stay-granted-(order from bk to dv judge-acknowleding and granting never done)-
c. so in reality nothing should have happened at all in the divorce court- but it did in violation of the automatic stay.
d. this is an easy procedural error to track-thus the argument for new trial on the divorce side-error by the dv court
_________________________________________________________________________________________________
Also-below is a litst of violations that happened even if a.b.c d were not enough/above
a. when debtor/petitioner filed bk-he violated the automatic stay as it pertained to spousal maintenance- that was ordered that he provide to me-upon which he never did-i have statue to back me up on this one not to mention the dv orders
b. when debtor/petitioner filed for bk- he violated the rules of discovery- by not providing me with full disclosures of assets- i have emails that prove that- we requested but didnt receive
c. when debtor/petitioner filed for bk- he violated the preliminary injunction- starting back on May 1, 2015- by not paying half of the debt, he cut of utilities,he split insurance polices, he began harassing our daughter-by engaging in a frivolous lawsuit against her and I in a judicial proceeding in chandler arizona.- i have emails, and the preliminary injunction as proof of this as well- \
d. debtor/petitioner forged insurance checks-that were in my name and his- he also overdrew accounts
d. all of the above i was never given the opportunity to present- due to my then bankruptcy- and was requesting a new trial date-to acquire a new attorney but was denied.-even though- their was never a lift of stay-which was a violation of the automatic stay.
e. all in all the debtor/petitioner initiated the intentional bankruptcy that got the dv judge confused who was new to the family court sector- and was not aware of having to receive an ok from the bk court to proceed-which would have given the dv judge a clear indication of what she needed to do- like even give me spousal maintenance- in which she did not-
so since petitioner debtor had counsel- on the bk side- they should be held responsible for this whole ball or webb of confusion.
is it not up to counsel to stop this confusion from happening? Again i did not file bk- i was not even aware-so who is at fault?

Thank you for your reply.

I am aware of all of this, it is merely a repeat of everything we have discussed.

You keep saying you think the divorce itself should be reversed, but that is not what will happen in reality despite you repeating all of these things. What will be revisited by the court will be the property issues, but the fact is you are DIVORCED and that is already decided and it will not be reversed. So now you need to keep fighting over the property issues and appealing the support issues, but the divorce stands the marriage is resolved.

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Customer reply replied 1 month ago
dear law educator- i realize it may seem to you im beating a dead horse- but this is what i researched and found the basis for a new trial
a. irregularity in the proceedings of the court or a party, or abuse of discretion, whereby the moving party was deprived of a fair trial;
b.Misconduct of a party;
c. Accident or surprise which could not have been prevented by ordinary prudence;
d.Material evidence, newly discovered, which with reasonable diligence could not have been discovered and produced at the trial;
e.Error in the admission or rejection of evidence or other errors of law occurring at the trial or during the progress of the action;
The ruling, decision, findings of fact, or judgment is not justified by the evidence or is contrary to lawi argue that i a- lifting of the automatic stay-irrelegulatries in proceedings- intentional bk-brought on by debtor/peitioner to mislead or confuse the judge,
b. misconduct- no disclosures when requested, hiding assets, violating preliminary injunction- made petitioner and his attorney aware of this- no response, forging respondents name on checks, filing intentional bk, attempting to do a deed in lieu of foreclosure without knowledge of respondent-
e. errors of law- procedureal

Not for the dissolution of marriage itself, only for the issues I mentioned above, the property and the support payments. They are not going to reverse the fact you are divorced, it causes too many other legal problems that would have to also then be undone. They can correct all of your other issues without reversing the dissolution itself.

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Customer reply replied 1 month ago
Dear law educator- the evidence I have going for me- are the various emails- from prior counsel, the petitioner, and his attorney's ,bk&dv, as well as judge on dv side-being confused as to what to do since she had not been in the dv court long at all-a
A.instead of playing it safe and placing this case on the inactive calendar until the bankruptcy was discharged or dismissed, or if petitioner went and petitioned the bk court to allow him to proceed she went ahead-and set up trial dates which I never wanted a trial along with 30 day status checks about the bankruptcy and my attorney at the time bringing the dv judge statues stating that hey judge its okay for her to get spousal maintenance that you ordered, but she never granted-
b. Since there was a bankruptcy brought by the petitioner- and there was just 30 days status checks- not knowing what rights I had at the time-since he purposely stopped divorce proceedings before I got my temporary spousal maintenance and him to pay the bills as well as go over to conciliation court
c- I was not informed and how would I have known ?-surely my attorneys didn't inform me that I could do anything- other than object to the bk in which I did- who would have known any of this? There was no where in the divorcing process or procedures/Manuel on the AZ superior court website that gave you scenarios like bankruptcy and divorce and what does the divorce court do in this matter?
d.I was not in a bankruptcy I was just abiding by the rules of the dv court-and of course my counsel wouldn't know- there was or is nothing written about how to proceed with this, or what to do and what not to do.e.Cleary these should be examples of procedural irregularities or error's because filing bk during contested dv makes everything complex-f. I now I have rights and all I'm arguing for is what I stated above- how was anyone to know what to do when a bankruptcy is filed by 1 person during the dv proceedings and secondly if this bk was intentionally done by the petitioner- to hide assets and not pay on community debt or spousal maintenance.
G. - I would have been afforded my due process- like asking and receiving my spousal maintenance and ordering him to pay the bills-as well getting my request for conciliation court-which I still claim would have put a different outcome on this whole mess.
H. While yes law educator there may have been a divorce, or I am inclined not to think so- 30 years and no chanced at even sitting down to get to the heart of the matter- is crazy and once again I was never afforded I
I. Iargue that I would have been in a much much better financial standing then I am now- because he would have being half of the debt as the court ordered, plus we could have settled out of court- or at least my credit would have been in tact- for me to refinance and buy him out and move on with the day.
j. No this is clearly fraud- his pockets are full, ,mines are empty because he played on both courts for 2 years-without paying a dime-
k. please don't you understand lawyer educator- this is my strategy and by the grace of God there will be justice-it even says it in the preliminary injunction-how the parties are to be made whole-not him by himself remaining whole and abundant -having more money in his pockets- and me having little to none-including property due to his misconduct, misrepresentation and deceit.

Thank you for your reply.

The problem is as long there is bankruptcy, the court will not divide the property, they will only grant the dissolution of marriage. If there s a bankruptcy, there should not have been any awards of property until the BK was resolved.

Since there is fraud as you claim and since you do have the evidence of the fraud, this is where the court can award money damages to make up for all of these violations.

I do understand all of those things, but you keep saying you want to fight to vacate the divorce itself, you are pursuing the wrong battle. You need to be attacking not the divorce, but the fraud in the property settlement which would mean the court could award you more in money damages based on the fraud.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 120,098
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 1 month ago
Thank you will do
Customer reply replied 1 month ago
i think i rated you- i did have a question if you know anything about a lis pendis or les pendes- in regards ***** ***** home in another state?

Thank you for your reply.

Yes, you did rate.

The question of the lis pendens would be a new question, you could ask for me if you like.

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Customer reply replied 1 month ago
Law educator do you know anything about a lis pendes

Thank you for your reply.

Yes, I do, you started to ask about that 12 days ago and I never got a new question from you.

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Customer reply replied 1 month ago
1. i need help- i am attempting to save my home that was pulled from my chapter 13- the home is in Georgia..I suspect that the lender/investors does not hold the original note on the home-and i requested it but never got it- and the signattures on the documents i received dates are wrong and my signature is not mine- so i called a real estate/foreclosure attorney in Georgia. They said the following1. ethically they couldnt help or advise me because i had a bk attorney and a dv attorney.
2. They said that eithre the bk attorney or dv attorney one of them should be helping me put together a "lis pendes" if that is what i suspect. My question is is this correct?
3. If so, they are not doing anything and i keep asking them to do it- what can I do to get them to act?
4. My home is in danger of being foreclosed on- please advise on what I can do? Is there a site that a lay person can write a lis pendes to the lender/investors advising them not to start any foreclsoure proceedings? I am running out of time.
Customer reply replied 1 month ago
Law educator please
Joycelaw
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You did not open a new question as instructed you are trying to do this all in the same old thread and as previously explained to you the expert gets no credit for spending time with you when you do this as you cannot leave positive feedback again in this question. So if you would like an answer, you need to open a new question as instructed.

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