ASK ANGIE^TM
By Angela Hallier, Esq.
Answers to your divorce and family law questions

Q My Husband and I own a business. Since he filed for divorce he has refused to allow me on the business premises. Not only do we have personal items stored there that I need to inventory, but I think he is being untruthful about the value of the on-site equipment owned by the business. How can I gain access to the property?

A The rules governing divorce cases in Arizona allow a party access to land or other premises in order to inspect, appraise, inventory, photograph, or otherwise examine the property (or objects on the property) if it serves a litigation purpose. Either you, your attorney, an expert acting on your behalf, or all of you may perform the inspection. Many times the parties and/or their attorneys can agree on a date and time for the inspection to occur. If they cannot, the inspection can be accomplished by providing advance written notice to your Husband of the date and time on which the inspection will occur, and providing a description of what will be inspected. Your Husband has the opportunity, however, to object to the request. If he does, a judge will have to decide if your are entitled to perform the inspection. If providing your spouse advance notice would allow him to hide items or otherwise interfere with the inspection process, consider requesting that the judge in your case issue an emergency order allowing the inspection to go forward without advance notice to your Husband.

Q My Wife and I cannot agree on who should have custody of our children. She has had issues with depression and anxiety during our marriage, and I am concerned that with the added stress of the divorce she is not mentally stable enough to primarily care for our children. What can I do to find out if she is okay?

A When the mental, physical, or vocational condition of a spouse is in question, the court may order that person to submit to a physical, mental, or vocational evaluation by an expert you designate. Issues surrounding a person's mental or physical health, or their ability to work, often arise in the context of custody, child support, or spousal maintenance disputes. Your attorney should be able to advise you if the issues in your case warrant such an evaluation, and assist you in identifying an expert who can perform the evaluation and testify at your trial if necessary. Unless otherwise ordered by the court, the initial cost of the evaluation will be your responsibility, although the court can reallocate that cost at trial if good cause exists to do so.

It is always advisable to seek the counsel of a qualified attorney who can advise you specifically about your case. The information in this column is provided for general information only in the state of Arizona, is not specific to any one case and does not create an attorney-client relationship between the author and the reader. ©2003 - 2008 Hallier Law Firm PLC

ASK ANGIE^TM is published monthly in Arizona Trends Magazine.