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.
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
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
A parenting plan is a court order that tells parents how they need to behave and act around their children. More importantly, it tells the parents when they actually get to see their children. It may include other things like holiday schedule, vacation schedule. It may also have mandated portions regarding unreimbursed medical expenses and child support. Each case is so different and that’s why here at Hildebrand Law, we try to treat each case with uniqueness. And so, if you’d like to discuss this more or decide whether we could help you with your parenting plan needs, please give me a call at (480) 305-8300.
A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.
However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.
To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.
Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.
However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.
To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.
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
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