WHAT HAPPENS IF MY SPOUSE DIES DURING OUR DIVORCE?

If your spouse dies during the pendency of your divorce your case should be dismissed.  Rule 37, Arizona Rules of Family Law Procedure, provides in part, “in the event of death one or more of Petitioners or one of more of the following Respondents in an action, in which the rights sought to be enforced survives only to the surviving Petitioners or only against the surviving Respondents.”  The death shall be suggested upon the record and the action shall proceed in favor or against the surviving party.

Arizona case law is crystal clear if a party to a dissolution action dies before entry of a decree of dissolution of marriage or some other rendition of the final judgment, the trial court loses jurisdiction.  Van Emmerik v. Colosi, 193 Ariz. 398, 400. Thus if your spouse dies before a final judgment is entered in your divorce case, a dismissal of the action is warranted.

Soft Tissue Personal Injury Claims

One of the most complicated and challenging type of personal injury case is a soft tissue injury sustained during a low speed rear impact collision.  Typically injuries to tendons, ligaments, and muscles in the body cannot be demonstrated objectively with diagnostic imaging technology such as x-rays, CT scans, or MRIs.  The need for an experienced,… Read more »

LEGALIZED MARIJUANA HAS INCREASED CRASHES

According to a recent study performed by the Highway Lost Data Institute (HLDI), states who have legalized marijuana (Colorado, Oregon, and Washington) has resulted in an increase of 3% in motor vehicle crash claims. Studies vary trying to correlate marijuana use with real world crashes. The HLDI compared the collision claims for these states both… Read more »

What do I do after being involved in an accident on my motorcycle?

There aren’t many personal events that are as chaotic, sudden, and overwhelming as being involved in an accident, especially as a motorcyclist. If you were recently in a collision with a vehicle, you may be wondering what to do next. First and foremost: seek medical attention. Hopefully, this was your first step after the accident,… Read more »