I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.
An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error. That would be an error in a legal issue or perhaps an error in a factual finding.
Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement. That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review. So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard. A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.
By: Kathi Sandweiss
I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.
An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error. That would be an error in a legal issue or perhaps an error in a factual finding.
Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement. That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review. So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard. A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.
By: Kathi Sandweiss
My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.
At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.
To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.
By: Greg Davis
My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.
At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.
To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.
By: Greg Davis
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
I want to speak to you today about the different forms of legal custody of a child in the state of Arizona. When we talk about custody, we are really talking about two different aspects of custody as it relates to children.
The first of which is, how much time the child or children spend in the each parent’s home. We refer to that as physical custody.
But, the other aspect of custody has to do with who gets to make the major decisions affecting the child. For example, the decisions regarding education, such as where the child goes to school, medical decisions, the children’s participation in extracurricular activities and even the child’s religious upbringing.
If a parent has sole legal custody, that parent gets to make all those decisions irrespective of the wishes of the other parent. If the parents share joint legal custody however, both parents must agree regarding those decisions for the child. If you have any other questions regarding custody or parenting time in the state of Arizona, please feel free to contact me.
By: Chris Hildebrand
Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.
The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.
I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.
We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.
Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.
The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.
I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.
We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.
Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.
There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.
The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.
Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.
There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.
The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.
Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.
You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.
If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.
Enforcement of child support is controlled by Arizona revised statute, title 25, starting at section 500. I find that many of my clients need me to return to court to pursue non-payment of a child support obligation.
You can file a petition for contempt, requesting that the court one, determine the amount of child support arrearage, two, enter a finding of contempt, three, order incarceration with a purge clause for the payment of a lump sum amount to satisfy all or a portion of the arrearage, in order to avoid going to jail and four, enter a judgment for the unpaid child support amount with a repayment plan with accruing interest until the arrearage is paid in full.
If the other party fails to appear for court after being served with the petition, the court can even issue a child support arrest warrant. Finally, depending upon the amount of child support arrearage that is owed, the court can order the other party to attend regular monthly hearings through accountability court to monitor compliance with the child support court order. If you want to learn more about enforcing and collecting your child support court order, please contact me at Warner Angle, (602) 264-7101, to schedule a complimentary consultation. I look forward to meeting with you.
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.
Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.
If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.
Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.
The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;
If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.
If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.
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