A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
Prenuptial agreements are generally enforceable in Arizona courts. There are some pre-requisites though that are required before a prenuptial agreement can be enforced by a court. Number one, the court has to find that it was in writing and made in contemplation of marriage. Secondly, it can’t be unconscionable. If it’s unconscionable, that means it’s not fair, certain requirements weren’t made for financial disclosure or the waiver of financial disclosures, or that the provisions of the agreement were repugnant to the sense of justice. Each case is uniquely different and we’d be happy to look at your case individually. If you’d like to talk to us more about that, feel free to email me.
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.
If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.
Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.
One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.
I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.
By: Jason Castle
Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.
One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.
I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.
By: Jason Castle
Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.
One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial. It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master – to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.
Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.
One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial. It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master – to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.
Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.
What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.
Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.
By: Laurence Hirsch
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.
Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.
What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.
Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.
By: Laurence Hirsch
When you hire a divorce lawyer, your contract with that lawyer will initially require that you to pay the fees for that lawyer. The court however, can reallocate the payment of attorneys fees based on a couple of considerations prior to entering any orders, making one party pay the other party’s attorney fees.
The court has to look at which party has been reasonable in the litigation, and also the court has to look at the relative financial positions of both parties, both the assets and the incomes of the parties. So, in cases where one person has a lot of money and the other person has no ability to hire an attorney, the court is going to be very inclined to order the person with the greater financial wherewithal to pay the attorney fees of the other party.
And also, in cases where one person has been very unreasonable throughout the litigation and has caused unnecessary trial, or unnecessary litigation, the court is likely to enter as a punishment, an order requiring that person to pay all, or some part of the other person’s attorney fees.
Now, if you’d like more information about divorce, attorney fees, or any of these other issues, please contact me at (480) 733-6800, or you can visit us online.
When you hire a divorce lawyer, your contract with that lawyer will initially require that you to pay the fees for that lawyer. The court however, can reallocate the payment of attorneys fees based on a couple of considerations prior to entering any orders, making one party pay the other party’s attorney fees.
The court has to look at which party has been reasonable in the litigation, and also the court has to look at the relative financial positions of both parties, both the assets and the incomes of the parties. So, in cases where one person has a lot of money and the other person has no ability to hire an attorney, the court is going to be very inclined to order the person with the greater financial wherewithal to pay the attorney fees of the other party.
And also, in cases where one person has been very unreasonable throughout the litigation and has caused unnecessary trial, or unnecessary litigation, the court is likely to enter as a punishment, an order requiring that person to pay all, or some part of the other person’s attorney fees.
Now, if you’d like more information about divorce, attorney fees, or any of these other issues, please contact me at (480) 733-6800, or you can visit us online.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
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