Arizona Family Law Laws

Greg Davis - Profile Video | Scottsdale Divorce Attorney

Greg Davis

 

About Greg Davis

My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.

Experience

At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.

To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.

By: Greg Davis

About Greg Davis

My name is Greg Davis. I’m an attorney with Davis Limited in Scottsdale, Arizona. I’ve been practicing law for (22) twenty-two years and I’ve been practicing family law almost exclusively for most of that time. Clients often choose me, because I’m communicative, I’m responsive. Most complaints I hear about lawyers, “Lawyers never return phone calls… They don’t tell me when something happens”. I promise, when something happens you’ll be the second to know if I’m the first. Every one of my clients has my telephone number, my cell phone number. I’m available (24) twenty-four hours a day, (7) seven days a week, (365) three hundred sixty-five days a year, literally.

Experience

At Davis Limited, most of our cases are high conflict. We like the high conflict cases because we can do the most good there. When a court proceeding starts, the judge looks out at the courtroom and it looks at two attorneys, the petitioner and the respondent. I’ve known these judges for a long time. I’ve been working with them for a long time. I would hope that the judge is going to look to me to find, “What’s a reasonable solution”. The judge doesn’t want to decide things for your family. The judge wants you to decide things for your family. I can help you do that. We do fight for our clients like no one else. We do everything we can to avoid trials, but if you go to trial we fight like hell.

To me, being aggressive doesn’t mean disrespectful, it doesn’t mean being mean, it means chasing down every issue, chasing down every piece of evidence and fighting like hell for my clients. Most of our cases have substance abuse or domestic violence involved. It’s not rare. It’s quite common in the practice of family law because what we deal with every day are good people at the their very worst. If you want to work with an experienced, dedicated and reliable attorney who communicates with you and is with you throughout the entire process, call me, Greg Davis at Davis Limited, (602) 279-1900. The website is www.davislimited.com. I look forward to working with you.

By: Greg Davis

Impact of Affair on Divorce Case | Arizona Family Law

Laurence B. Hirsch

 

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Does a Spousal Affair Affect my Divorce Case?

Hi. My name is Larry Hirsch, and I practise exclusively in the domestic relations group at Jaburg & Wilk. First and foremost, the court doesn’t care about the affair that your spouse had. Our courts are not in the business of making moral judgments, i.e. who slept with who, when they slept with who. More often than not, an affair during the marriage does not come into play during your divorce proceeding.

When Can an Affair have an Impact on the Case?

There are two occasions where an affair can actually have an impact on your case. The first one is when there was waste, that’s also called dissipation. For example, let’s just call it “Husband” for the time being, and Husband was having an affair for the better part of two years during the marriage, and during that affair, Husband was buying his paramour, or his girlfriend, fur coats, diamond rings, taking her on lavish vacations, maybe he helped pay a car. Well, in this situation, where the community income or the earnings of Husband was community, that would be considered community waste, so we’re going to want to take a look at all the bank statements, all the credit card statements, and we are going to take a detailed review as to all of the money that the spouse who is having the affair spent on that other individual. Now, the spouse who is not having the affair is entitled to one half reimbursement of those funds that was spent by the spouse who is having an affair. So, to make it really simplistic, if during the marriage Husband had a paramour, and he bought her a diamond ring valued at $10,000, and we can prove and show the receipt – and possibly even the ring – then the spouse who did not spend that money is entitled to reimbursement of $5000 in that situation.

The other situation where an affair may come into play is if the two parties are unfortunately fighting for custody of the minor children or the minor child. And it doesn’t really come into play that mom or dad was having an affair, but the issue really becomes the judgement of that parent when they were having the affair, so if mom or dad was simply dating somebody else, the court’s not really going to view it as that big of a deal. On the other hand, if, let’s say, mom was going out seven nights a week when she should have been at home doing the children’s homework, if dad was out spending thousands of dollars on vacations for his girlfriend while his children couldn’t afford books at school, the court’s going to look at those types of judgement calls, and it may come into play during a custodial fight in a divorce.

By: Laurence B. Hirsch

Alimony, Support & Custody During Divorce | Scottsdale Divorce Laws

C.D. Owens

 

Setting Court Hearings

Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.

But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.

By: CD Owens

Setting Court Hearings

Everybody of course insists upon having prompt and immediate decisions on child support, custody, spousal maintenance and all of the things that are necessary to maintain stability in the family during the pendency of a divorce and the court’s set hearings promptly and as quickly as possible often within a matter of two or three weeks, where ordinarily to get a hearing in a court would take two or three months.

But, everybody recognizes that the wife or mother may be home with kids with no employment of her own and depending on the father for support and so the court sets early dates, gets people in and covers all bases right up front and people are always interested in those factors. We try to be available to answer their questions up front.

By: CD Owens

What is a Resolution Management Conference | Phoenix Divorce Attorney

Jason Castle

 

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

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.ย  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.

Settlement Meeting

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

Temporary orders are the rules or the orders that will apply between that point in time and the final decree. ย 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

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

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.ย  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.

Settlement Meeting

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

Temporary orders are the rules or the orders that will apply between that point in time and the final decree. ย 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

Do I Need a Reason to Get a Divorce | Scottsdale Divorce Law

Chris Hildebrand

 

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

Divorce in Scottsdale

Hello, I want to speak to you today about whether you need a reason for obtaining a divorce in the state of Arizona. Arizona is a no fault divorce state, which means that other than alleging the marriage is irretrievably broken, you do not have to state a reason or prove a reason to obtain a divorce in Arizona. If you have any other questions regarding the need to file for divorce or questions regarding divorce or legal separation, please feel free to contact me.

By: Chris Hildebrand

How To Begin a Divorce in Arizona | Phoenix Divorce Attorney

Joel Hoffman

 

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Divorce in Phoenix

In a divorce without minor children, you will file a petition for dissolution of your marriage and request a division of community assets and debts, an affirmation of your sole and separate property, an award of spousal maintenance if applicable, and perhaps, reimbursement for your attorney’s fees and costs.

Minor Children

If your divorce involves minor children, then your petition will ask the court to additionally determine child custody, which is now called legal decision making, parenting time and child support. You file your petition with the superior court in the county where you reside and serve a copy on your spouse.

Divorce Case Length

The soonest you can get divorced in Arizona is (60) sixty days from the date your spouse is served. If your spouse does not file a response in the proper time frame, you can request that your spouse be defaulted and proceed to a default hearing before the court. If your spouse files a response, your case can be resolved by two options; agreement or trial.

If you reach an agreement, a consent decree can be prepared and signed by both parties and then submitted to the court for the judge’s signature and there is no need to appear in court for a trial. If you cannot reach an agreement, the court will set the unresolved issues for trial. If you want me to explain in detail the divorce process, please call me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.

By: Attorney Joel Hoffman

Sole & Separate Home & Business Divorce Case | Arizona Family Law

Laurence B. Hirsch

 

Separate Business in Divorce Case

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.

Separate Home in Divorce Case

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.

By: Laurence B. Hirsch

Separate Business in Divorce Case

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.

Separate Home in Divorce Case

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.

By: Laurence B. Hirsch

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