Parental Rights & Obligations

questions & answers

Question: My wife is sleeping with another man and not coming home at night.  We have teenage children in the house.  What rights do I have?  Canh I box her stuff up and put it in the garage and ask her to leave?

Answer: Only an attorney can provide legal advice as to specific rights that may be exercised after reviewing the facts of a particular matter.  However, in Arizona a petition for dissolution for marriage (divorce) only requires that a spouse believe the marriage is "irretrievably broken" (A.R.S. 25-312).  If spouses have entered into a covenant marriage then it is possible for the marriage to be dissolved by a court ordered decree of dissolution (A.R.S. 25-903). It is imperative to act according to the law to ensure that there are no legal ramifications afterwards due to high passion. When discussing whether a person should leave a home, it becomes important to ensure that the person does not have a legal right to stay- such as having their name on a home deed. To find out how the law applies to a specific situation, contact an attorney directly.  A person may apply for free or reduced fee legal assistance by using the Arizona Access to Justice Online Intake System, at www.azlawhelp.org/accesstojustice.