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 Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.
The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.ย If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.
The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.
Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.
The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial.ย If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.
The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.
In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.
If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.
The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.
If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.
In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.
If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.
The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.
If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call 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.
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.
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.ย 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.ย 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.ย 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.ย 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.ย 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.ย 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.ย 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.ย 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
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
Hello, I want to speak to you today about whether you may be eligible for spousal maintenance in Arizona. The court is going to look at a variety of factors to determine whether you are eligible for spousal maintenance, as well as the amount and duration of that spousal maintenance award.
Although there are many factors the court will look at, as a general overview, usually the more important factors include, the differences in the parties income, the amount of assets that each spouse will take from the marriage and the length of the marriage. Now there is certainly many more factors under the statute that the court will also consider, but in most cases those are the most important factors for the court to consider. If you any other questions regarding whether you are eligible for spousal maintenance in the state of Arizona, please feel free to contact me.
If you still have questions regarding whether or not you are eligible to receive alimony in Arizona, please contact a Scottsdale alimony lawyer.
By: Chris Hildebrand
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