My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.
A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court. The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.
However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.
During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.
Temporary orders are the rules or the orders that will apply between that point in time and the final decree. During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.
By: Jason Castle
My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.
A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court. The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.
However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.
During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.
Temporary orders are the rules or the orders that will apply between that point in time and the final decree. During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.
By: Jason Castle
In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
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.
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.
A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.
A father’s name can be added to the birth certificate after paternity is established as long as the court enters that order in it’s first minute entry. Early on in most paternity cases, attorneys will ask the court to make a declaration that a father is indeed the father and the court’s order will often include provisions directing the department of vital records to amend the birth certificate to include the father’s name if it’s not already on there. Each case is different, but if you’d like to discuss your situation with me, please give me a call at (480) 305-8300.
Child support is simply money paid by one parent to the other parent to assist in covering costs associated with minor children. In most cases, the parent who cares for the children most of the time will receive child support from the other parent. Child support has priority over all other financial obligations and is not dischargeable in bankruptcy.
In Arizona, child support is calculated according to a formula. The amount produced by the formula is the presumptive amount of support, although in appropriate cases, the court can deviate upward or downward from the guideline amount. Extracurricular activity expenses for the children are addressed separately, because the children’s activities typically change over time. A child support order will also assign responsibility for sharing in any medical costs for the children that are not covered by insurance, and will allocate the right to claim each child as a dependent on the parents’ income tax returns. If you would like me to prepare a sample child support worksheet for you, please contact me.
Child support is simply money paid by one parent to the other parent to assist in covering costs associated with minor children. In most cases, the parent who cares for the children most of the time will receive child support from the other parent. Child support has priority over all other financial obligations and is not dischargeable in bankruptcy.
In Arizona, child support is calculated according to a formula. The amount produced by the formula is the presumptive amount of support, although in appropriate cases, the court can deviate upward or downward from the guideline amount. Extracurricular activity expenses for the children are addressed separately, because the children’s activities typically change over time. A child support order will also assign responsibility for sharing in any medical costs for the children that are not covered by insurance, and will allocate the right to claim each child as a dependent on the parents’ income tax returns. If you would like me to prepare a sample child support worksheet for you, please contact me.
The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.
So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.
The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.
So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.
My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
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