Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.
By: Greg Davis
Yes, you can modify an existing order of child support. Someone who wants to modify an order of child support must show a substantial and continuing change in circumstances. Many situations could constitute a substantial and continuing change in circumstances, but a couple of examples would be the loss of the paying parent’s job, or a child’s special needs, or even a change in parenting time. If you want to know more, call me, Greg Davis, at (602) 279-1900.
By: Greg Davis
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.
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.
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.
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.
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 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.
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.
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 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.
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.
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
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
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.
The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.
The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.
The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.
If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.
There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.
Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.
Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.
Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.
There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.
Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.
Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.
Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.
A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
To start a legal separation, please contact an Arizona legal separation attorney.
A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
To start a legal separation, please contact an Arizona legal separation attorney.
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
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