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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102374
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hopefully! Arizona, My wife and I are getting divorced. We

Customer Question

JA: What state are you in? It matters because laws vary by location.
Customer: Arizona
JA: Has anything been filed or reported?
Customer: My wife and I are getting divorced. We have both agreed on the terms and have filed DIY. I am at the last form that needs to be filled out and have a spev\cific question regarding how to answer it
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 9 months ago.
Category: Legal
Customer: replied 9 months ago.
The question is this. On the default checklist it asks if the spouse is requesting Alimony. We have already filed and settled on the alimony amount and duration, so it seems that it could be that she is not requesting it to be adjucated by the court?
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

1) What did you file in regards ***** ***** alimony specifically? Please list each document.

2) Which document are you filling out? Do you have a link or can you please attach the file?

3) On it, what # question?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
Unfortunately I don't have the original filing document with me at the office. We used the Maricopa County website to prepare our divorce filing and in that filing we agreed to 1800 per month for 12 months. We filed on Sept 30. She accepted service right there at the courthouse. The 21 day time to contest elapsed and I filed the affidavit and application for default. That 10 business day time period has elapsed. Next step is to file for default judgement with or without a hearing. I am attaching a photo of that form. Again the question in question is #5. Since we have both agreed and signed off on what I am paying do I answer this yes or no?
Expert:  Ely replied 9 months ago.
Well... it is hard to say because you did not actually tell me WHAT you signed off on.
"Since we have both agreed and signed off on what I am paying do..."
This all depends on WHAT this was. Did you and she sign off on a formal post-nuptial agreement? Or, did she sign off on your original complaint? Was this simply some kind of an agreement filed with the court enumerating divorce items, with alimony being one of them? Or, something else?
ALSO: Do you have a proposed DECREE for the Judge to sign? If so, does it mention alimony?
Customer: replied 9 months ago.
We just both signed the divorce paperwork and submitted to the court. My wife is suppose to be texting me photos of the relevant pages of that doc. I am Attaching
Expert:  Ely replied 9 months ago.
Okay, thank you.
. We have already filed and settled on the alimony amount and duration, so it seems that it could be that she is not requesting it to be adjucated by the court?
Alimony IS being requested (meaning, the parties request that the Court order alimony, even if they are in agreement). So the answer would be YES, alimony is requested.
However after this, understand that you also have to submit a proposed DECREE which is the judgment that the Court will sign. That will actually end the divorce. The Judge does not draft the decree - YOU DO - and give it to the Court to sign.
The proposed decree should have in it the agreed-upon alimony (as well as everything else the parties agree to) and be signed by both parties.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.