Frequently Asked Questions

Q: Can my spouse use an Order of Protection to gain an advantage in divorce?

A: Generally, an Order of Protection is awarded if the court believes an act of domestic violence has occurred in the last year or may occur now. Seeking an Order ONLY to gain an advantage in a divorce, without another basis, is improper and you should seek to have the Order dismissed immediately. You have the right to request a hearing to disprove the false allegations. A hearing is usually given within 10 business days. Many individuals improperly utilize Orders of Protection to keep spouses away from the home, children, or to have the order negatively impact a person in the future. Of course, Orders of Protection can also be appropriate.

Q: Can I get divorced if my spouse doesn’t want to “give me” the divorce?

A: Absolutely! Arizona law only requires that 1 of the spouses want to get a divorce. You don’t need your spouse’s permission.

Q: Can I get custody of a child that is not mine?

A: Generally, it is possible to get custody or visitation rights over a child if it is in that child’s best interest. For custody, the presumption is that custody to a legal parent is in the child’s best interest. Visitation rights are easier to obtain. Visitation is usually sought by grandparents or by a non-biological parent.

Q:I need to get a copy of my birth certificate, do I need to request it from Mexico?

A: Mexican citizens will soon be able to request their birth certificate at a Mexican consulate in the United States. Contact your consulate for more information.

Q: Can I marry a citizen and adjust my legal status?

A: Generally, marriage to a US citizen or legal permanent resident opens a door for you to adjust your immigration status.  However, much depends on your individual circumstances and you should seek legal advice.