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.
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.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Arizona has a case called [?], and that case has allowed the spouse that doesn’t own the business to actually have an interest in the appreciation and value of that business during the course of the marriage. What we’re looking at is labor, toil, and efforts of the community. Best way to think about this is, if I have a sole and separate business and I’m actually doing something to help that business, my spouse may have a claim to my sole and separate property.
This same situation can occur with separate property homes. So let’s say that you get married, and you have a house that’s worth $500,000. Your community earnings bought the new pool, the new landscaping, and put in the addition, and when you file for divorce that house is worth $1.5 million, so you’ve got $1,000,000 of appreciation during the marriage. Is it fair that the spouse who owned the house coming into the marriage receives all $1,000,000 of appreciation? The courts in Arizona don’t typically think so. So those are two situations where your sole and separate property is not necessarily 100% your sole and separate property. Always be wary that there may be what we call a community lien on your separate property.
As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Contact an Arizona divorce lawyer to begin enforcing your parenting time.
As you might imagine, parenting time or the enforcement of parenting time is an issue that we deal with frequently. There’s a couple ways to deal with it. First, and the way that we prefer, is to be able contact the other party, or perhaps their attorney and try to resolve the issue informally. That can result in an agreement between the parties, it can be approved by the court and you’re essentially done. A more formal process is to file a petition to enforce parenting time. That petition itself is generally, fairly brief and fairly simple. However, the process of getting a court order on that petition can be rather involved and rather significant. If you have any specific questions or have other requests, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
Contact an Arizona divorce lawyer to begin enforcing your parenting time.
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
Hello, I want to speak to you today about the difference between a divorce and legal separation in the state of Arizona. In actuality, there are very few differences between the two and in both cases the court is going to divide your assets, divide the community debts, enter orders for custody of the children, order child support, if appropriate in both cases, the court will order alimony, or what we refer to as spousal maintenance.
The only difference between a legal separation and a divorce then is, the spouses are not returned to the status of being single people and are not free to remarry. If you have any other questions regarding the differences between a divorce and a legal separation, please feel free to contact me.
By: Chris Hildebrand
Hello, I want to speak to you today about the difference between a divorce and legal separation in the state of Arizona. In actuality, there are very few differences between the two and in both cases the court is going to divide your assets, divide the community debts, enter orders for custody of the children, order child support, if appropriate in both cases, the court will order alimony, or what we refer to as spousal maintenance.
The only difference between a legal separation and a divorce then is, the spouses are not returned to the status of being single people and are not free to remarry. If you have any other questions regarding the differences between a divorce and a legal separation, please feel free to contact me.
By: Chris Hildebrand
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