Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
My name is Jason Castle. I’m an attorney at Jaburg Wilk and my practice areas are family law and criminal defense.
A petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.
For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.
To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.
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 petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.
For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.
To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.
By: Jason Castle
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, there’s no specific amount a spouse might receive with respect to spousal maintenance. If you look on the internet, you will find spousal maintenance guidelines, containing a formula. That formula was rejected by the Arizona courts. A.R.S section 25-319(B) governs how much spousal maintenance a court will award. For more details, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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.
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
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.
In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.
In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.
The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.
In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.
In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.
The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.
A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
A child in Arizona can never decide which parent a child wants to live with. A child’s wishes are always, always a factor and never dispositive. The child is the child. The parent makes the decisions. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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