Arizona Family Law Laws

What Happens to Your Business During a Divorce | Phoenix Divorce Laws

Erik Bergstrom

 

Arizona Divorce Can Impact Your Business

Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.

However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.

Business Valuation Expert

To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.

By: Attorney Erik Bergstrom

Arizona Divorce Can Impact Your Business

Like other assets, business interests can be treated as community property or separate property and sometimes, a combination of both. If your business was started during the marriage, then it is community property. If your business was started before the date of your marriage, it is your separate property.

However, the marital community may still have a claim to some of the profits and increase in value that occurred during the marriage, and these values must be apportioned between separate property and community property interests. Whether the business is community property or separate property, it will have to be valued.

Business Valuation Expert

To do so, it will be necessary to retain a business valuation expert. Whether valuing a community property business or apportioning an increase in value in a sole and separate business it is important that your attorney understand business valuations. Your attorney needs to understand the valuation approaches, methods and procedures and the law that applies to valuing and apportioning business interests. If you are facing a divorce and you or your spouse own a business, feel free to contact me for more information.

By: Attorney Erik Bergstrom

How Do I Enforce Parenting Time | Arizona

Kip Micuda

 

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.

By: Attorney Kip Micuda

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.

By: Attorney Kip Micuda

How Does Parenting Time Affect Child Support Amounts | Scottsdale Family Law

Greg Davis

 

Parenting Time Effects

Parenting time is perhaps the largest factor affecting the amount of child support a non-custodial parent will pay. The more parenting time days one spends with the children, the bigger the discount off the presumptive child support amount. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Parenting Time Effects

Parenting time is perhaps the largest factor affecting the amount of child support a non-custodial parent will pay. The more parenting time days one spends with the children, the bigger the discount off the presumptive child support amount. For more information, call me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

How Does Genetic Testing Affect Paternity | Arizona

Kip Micuda

 

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Genetic testing generally comes up in the context of a paternity petition. A paternity petition can be filed during a pregnancy or after the child is born. Once the child is born, the court is going to order genetic testing. The court will order the mother, the child and the potential father to undergo testing. The court has complete discretion as to assigning the cost of that genetic testing. It can assign the cost to the mother, the father, or split the cost somehow. Another context where genetic testing may come up is when the department of economic security is looking to establish paternity. In that case, DES will shoulder the cost of the genetic testing. If you have any other questions concerning this matter or any other family law matter, please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Can a Fatherโ€™s Name be Added to a Birth Certificate | Arizona

Michael Clancy

 

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.

By: Attorney Michael Clancy

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.

By: Attorney Michael Clancy

Will I Have to Attend Court or Testify During My Divorce Proceedings | Arizona

Mitchell Reichman

 

Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.

Will I have to appear in court during my divorce proceeding?

Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.

Will I have to testify in my divorce proceeding?

One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial.ย  It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master –ย  to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.

By: Mitchell Reichman

Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.

Will I have to appear in court during my divorce proceeding?

Yes, typically you’ll have to appear in court at least once. Judges in Maricopa County in divorce cases are very proactive, and so they call the parties to appear in front of them early on in the case to assess what their positions are and what other services might be required to help process the case, such as appraisers or custody evaluators. That appearance is not an appearance where you have to testify, but you will typically have to appear at least once in front of the judge.

Will I have to testify in my divorce proceeding?

One of the things that we do in your case is we put orders into place so that there is predictability while your case is proceeding. Those are called temporary orders. Orders for child support, orders for spousal maintenance, who gets possession of the house, how the bills get paid, these things need to be done in an orderly way, and we like to have court orders so that we are able to enforce people’s obligations during the process. That would typically require a hearing of some kind, and at that hearing, you would have to testify. That does not necessarily mean that you’ll have to testify for a long time, or that you would have to testify in a trial.ย  It is possible to complete your divorce without having a trial. In fact, we prefer that our clients complete their divorces without having trial, because trial is the most unpredictable way to resolve your divorce. There are a number of different alternatives, all of which we will explore. One is mediation. Another is arbitration, which is essentially hiring a private judge to make the decisions in your case. We can also ask our judge to appoint someone – called a Family Law Master –ย  to essentially take the place of the judge, and have hearings, and make recommendations in terms of findings. So there are a lot of different ways to settle your case or resolve it without having to go to trial.

By: Mitchell Reichman

Can I Modify an Existing Child Support Order? | Arizona

Michael Clancy

 

You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.

By: Attorney Michael Clancy

You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.

By: Attorney Michael Clancy

How Do You Reclaim Your Maiden Name | Arizona

Kip Micuda

 

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

Reclaiming a maiden name is very simple. You need only make the request. You can make the request in a petition for dissolution or a petition for legal separation. Similarly, you can make the request in a response to either one of those petitions. However, if you don’t make a request in any of those documents, you can wait till the final day, the final minute that the court is entering a final decree, make the request then and you’re fine. It’s important to consider that once you have a final decree, you’ll probably need to send certified copies of it to various state agencies like social security. If you have any other questions about this matter or any other family law matter, please do not hesitate to contact me at Hildebrand Law. The number is (480) 305-8300. Thank You.

If you wish to reclaim your maiden name, please visit this attorney’s profile and complete their contact form.

By: Attorney Kip Micuda

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