Arizona Family Law Laws

What Does "Opting Out" Mean | Arizona Family Law

Mitchell Reichman

 

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.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

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.

Mediation

One method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.

First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.

Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.

Who Can Attend Mediation?

Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.

By: Mitchell Reichman

What is the Importance of Establishing Paternity | Scottsdale Paternity

Chris Hildebrand

 

Establishing Paternity in Scottsdale

Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.

Legal Rights for Paternity

The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.

If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.

By: Chris Hildebrand

Establishing Paternity in Scottsdale

Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.

Legal Rights for Paternity

The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.

If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.

By: Chris Hildebrand

How Do I Establish Paternity | Scottsdale Family Law

C.D. Owens

 

Establishing Paternity in Arizona

Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.

DNA Tests

The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.

By: CD Owens

Establishing Paternity in Arizona

Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.

DNA Tests

The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.

By: CD Owens

Michael Clancy - Profile Video | Arizona Family Law

Michael Clancy

 

My name is Michael Clancy. I’m an attorney with Hildebrand Law. I practice family law. Being the oldest of five kind of lent itself to be a guardian of sorts and sometimes I take that guardian approach with protecting my clients or protecting the children that are common to my client and their spouse. Children are at the forefront of my practice. Children matter the most because they’re the innocent parties in everything. They didn’t ask for the divorce. But, that person is unique. That person is a human being that has interests, that has passions, that has things they are very concerned about and it’s important for the client’s good to have an understanding attorney who is going to treat their case very uniquely and make sure they represent them with the passion and advocacy that they deserve. Any number of different factors can go into the detail that each case uniquely requires and we found that in being detailed, we are more successful in settling cases than going to trial. There are no two cases, even ones that are very similar to each other, no two cases that are alike. And it’s a good attorney who will look at each case and say this is not your run of the mill case. I don’t believe in that terminology, run of the mill. Your life is individual to you. Ask any court judge and they’ll say, you are in a position to make a better decision for your future than I ever will and it’s our job as attorneys to kind of recognize and tell that to our clients. Our clients know that they have the power to make decisions and we help them make the right one. I strive everyday to get better at what I do and I know that I’m working for a firm now that strives to pay close attention to the details of each individual case and make sure each individual client’s needs are met. If you’d like more information about me and my practice, feel free to email me and I’d be happy to setup a consultation with you.

By: Michael Clancy

My name is Michael Clancy. I’m an attorney with Hildebrand Law. I practice family law. Being the oldest of five kind of lent itself to be a guardian of sorts and sometimes I take that guardian approach with protecting my clients or protecting the children that are common to my client and their spouse. Children are at the forefront of my practice. Children matter the most because they’re the innocent parties in everything. They didn’t ask for the divorce. But, that person is unique. That person is a human being that has interests, that has passions, that has things they are very concerned about and it’s important for the client’s good to have an understanding attorney who is going to treat their case very uniquely and make sure they represent them with the passion and advocacy that they deserve. Any number of different factors can go into the detail that each case uniquely requires and we found that in being detailed, we are more successful in settling cases than going to trial. There are no two cases, even ones that are very similar to each other, no two cases that are alike. And it’s a good attorney who will look at each case and say this is not your run of the mill case. I don’t believe in that terminology, run of the mill. Your life is individual to you. Ask any court judge and they’ll say, you are in a position to make a better decision for your future than I ever will and it’s our job as attorneys to kind of recognize and tell that to our clients. Our clients know that they have the power to make decisions and we help them make the right one. I strive everyday to get better at what I do and I know that I’m working for a firm now that strives to pay close attention to the details of each individual case and make sure each individual client’s needs are met. If you’d like more information about me and my practice, feel free to email me and I’d be happy to setup a consultation with you.

By: Michael Clancy

Is There a Difference Between a Legal Separation & Divorce | Phoenix Legal Separation

Joel Hoffman

 

Legal Separation vs. Divorce

This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.

Religion & Health Insurance

The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.

If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Legal Separation vs. Divorce

This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.

Religion & Health Insurance

The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.

If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Opting Out of Famility Dispute Through Arbitration | Arizona

Mitchell Reichman

 

What is Opting Out?

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.

What is Arbitration?

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.

Can You Appeal an Arbitration Decision?

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.

By: Mitchell Reichman

What is Opting Out?

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.

What is Arbitration?

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.

Can You Appeal an Arbitration Decision?

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.

By: Mitchell Reichman

What is an Arizona Parenting Plan Document | Scottsdale Child Custody

Greg Davis

 

Scottsdale Parenting Plans

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

Scottsdale Parenting Plans

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

Minimum Marriage Length Requirement for Alimony to be Awarded | Scottsdale Alimony Laws

Greg Davis

 

Marriage Length Requirements

In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Marriage Length Requirements

In Arizona, we refer to alimony as spousal maintenance and there isn’t a particular number of years people must be married in order for spousal maintenance to be ordered. There are many factors a court will consider. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

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