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.
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 »
The Arizona Court of Appeals upheld a trial court’s ruling that it lacked personal jurisdiction over Wife of Husband who filed for dissolution, where her contacts with Arizona primarily consisted of visiting Husband a couple of times in Tucson, agreeing to relocate to Arizona and co-signing an apartment lease with Husband while she was visiting… Read more »
If you have been involved in a motorcycle crash, there is a good likelihood that you may have suffered a closed head injury. This is also known as a concussion. A concussion is a mild traumatic brain injury that occurs as a result of an injury to the head. Whether or not you were wearing… Read more »
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 »
In the moments after a car accident, it can be difficult to know what to do next and how to handle the situation. We’ve already discussed the key points about the first steps drivers should take after being involved in an automobile accident, but one of the questions that is asked most frequently is: should… Read more »
In the last few years, Arizona courts have avoided awarding legal decision making to one parent over another after a divorce. By giving both parents the shared responsibility of legal decision making, it is hoped that both parents will have to cooperate with one another, work together, and communicate in a way that is more… Read more »
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 »
Simon Law Group answers some of the top questions about personal injury law and related cases. Do I have a personal injury claim? Many people wonder what type of injuries are eligible for personal injury claims, and how hurt they have to be to consider filing such a case. When it comes to personal injuries,… Read more »
Regardless of what is or is not permitted on the television courtrooms we watch from afar, there are certain standards of behavior that you must adhere to during the course of your actual trial. These are signs of respect, rules of decorum, and can also demonstrate to the jury that you are a responsible, trustworthy… Read more »