Arizona Family Law Laws

What Happens if I File for Legal Separation, but My Spouse Files for Divorce…

Erik Bergstrom

 

Phoenix Legal Separation & Divorce

The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.

So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.

By: Attorney Erik Bergstrom

Phoenix Legal Separation & Divorce

The court can only grant a decree of legal separation if it finds that one (1), both parties desire to live separate and apart and two (2), neither party objects to the legal separation. If either party objects to the legal separation, the court will convert the case into a divorce, or dissolution of marriage.

So, if you file for legal separation and your spouse does not agree and instead files for divorce, the court cannot grant a legal separation and the case will be processed as a dissolution of marriage. Other than religious grounds, there are usually not strong legal reasons for pursuing a legal separation instead of a divorce. If you would like more information about the difference between a legal separation and a divorce, please contact me.

By: Attorney Erik Bergstrom

What Should I Expect During the First Meeting With My Divorce Attorney | Arizona

Mitchell Reichman

 

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

By: Mitchell Reichman

Hi, I’m Mitch Reichman. I’m a board certified family law specialist and I practice at Jaburg and Wilk.

How can I make the most of my first meeting?

The way a client can make the most of their first meeting with me is to be organized and to bring me basic general information. So I want a simple statement of their assets and their liabilities. I’d like to see the most recent three years of tax returns. And I recommend the client bring notes. At least bullet points of the topics the client would like to cover in that first meeting.

Should I bring all of my records to the first meeting?

I don’t ask them to bring a lot of documents to the first meeting. We’re going to follow up and gather a lot of documents during the process. Certainly I would not want the to bring a box of records to the meeting. It would be very inefficient, very expensive for the client for me to be thumbing through a box of records in that first meeting.

What information are you looking for initially?

We’re looking for broad strokes of information. We want to identify in that first meeting what the assets are and what the liabilities are. To find out about their children. To know about income and expenses. To see if someone is going to be needing spousal maintenance for example. So just broadly identify the topics we’re going to need to address. We’re going to gather a lot of details along the way, but that wouldn’t be a useful way to spend our time the first meeting.

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

Joel Hoffman - Profile Video | Phoenix Divorce Attorney

Joel Hoffman

 

Joel Hoffman

My name is Joel Hoffman. I’m a family law attorney at Warner Angle and I’ve been practicing family law in Arizona for over thirty years. I always return my client’s calls everyday. Sometimes I even surprise my clients because I call them in the evenings and on weekends. And the main compliment that I seem to always get is that I am caring, compassionate and a strong advocate for my clients and I find that provides me with getting them excellent results. I over-prepare for my client’s cases. I know the cases backward and forward and I’m able to give an incredible presentation to the court. Well, I can tell you I’ve had many sleepless nights over some of my client’s cases.

Sometimes, I feel like I worry about my client’s cases as much, if not more than the clients themselves. I find that when clients come into my office, they have lots of concerns and emotions. And so my job is to try and give them some sense of independence, a sense of empowerment, some guidance and some focus, so they can get through one of the most difficult periods that they will ever face in their entire life. I really take it to heart. It’s something that really bothers me that I go home at night and I really am dedicated and concerned for their well being and really try so hard to get them a favorable outcome in the court, so that when they leave my office and have finished the divorce process, they can go on and start a new chapter in their life. If you call me at (602) 264-7101, at my law firm, which is called Warner Angle, I’d be more than happy to schedule a complimentary consultation to answer all your family law questions.

By: Attorney Joel Hoffman

Joel Hoffman

My name is Joel Hoffman. I’m a family law attorney at Warner Angle and I’ve been practicing family law in Arizona for over thirty years. I always return my client’s calls everyday. Sometimes I even surprise my clients because I call them in the evenings and on weekends. And the main compliment that I seem to always get is that I am caring, compassionate and a strong advocate for my clients and I find that provides me with getting them excellent results. I over-prepare for my client’s cases. I know the cases backward and forward and I’m able to give an incredible presentation to the court. Well, I can tell you I’ve had many sleepless nights over some of my client’s cases.

Sometimes, I feel like I worry about my client’s cases as much, if not more than the clients themselves. I find that when clients come into my office, they have lots of concerns and emotions. And so my job is to try and give them some sense of independence, a sense of empowerment, some guidance and some focus, so they can get through one of the most difficult periods that they will ever face in their entire life. I really take it to heart. It’s something that really bothers me that I go home at night and I really am dedicated and concerned for their well being and really try so hard to get them a favorable outcome in the court, so that when they leave my office and have finished the divorce process, they can go on and start a new chapter in their life. If you call me at (602) 264-7101, at my law firm, which is called Warner Angle, I’d be more than happy to schedule a complimentary consultation to answer all your family law questions.

By: Attorney Joel Hoffman

What is Child Support | Phoenix Family Law

Erik Bergstrom

 

Phoenix Child Support

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.

By: Attorney Erik Bergstrom

Phoenix Child Support

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.

By: Attorney Erik Bergstrom

How The Courts Determine Spousal Maintenance | Phoenix Family Law

Joel Hoffman

 

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

Spousal Maintenance in Arizona

Alimony, which is called spousal maintenance in Arizona, is determined by the factors outlined in Arizona revised statute title 25, section 319, subsection A and subsection B. The court first looks at the threshold criteria in subsection A.

Eligibility

The court will determine if a spouse is eligible for spousal maintenance after considering the following factors;

  • The property each spouse receives in the divorce
  • If a spouse is a stay at home parent with young children
  • if a spouse contributed to the educational opportunities of the other spouse
  • the reasonable monthly expenses of the spouse
  • the length of the marriage, and the health condition and employability of the spouse

If the court determines the spouse is eligible to receive spousal maintenance, under subsection A, then the court will consider the amount and duration under the thirteen statutory factors in subsection B.

If you call me at Warner Angle, (602) 264-7101, I’ll be glad to schedule a complimentary consultation to discuss your ability to receive spousal maintenance. I look forward to meeting with you soon.

By: Attorney Joel Hoffman

How Do I Calculate Child Support in Arizona | Hildebrand Law, PC

Chris Hildebrand

 

How to Calculate Child Support in Arizona

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 parentโ€™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

How to Calculate Child Support in Arizona

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 parentโ€™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

Differences Between Divorce, Annulment & Legal Separation | Tempe Family Law

Douglas Gardner

 

Tempe Divorce, Annulment & Legal Separations

A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support.ย Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.

Legal Differences

Now, the differences are also important to understand. In a divorce, the judge is essentially saying, โ€œI now pronounce the parties no longer man and wifeโ€. With an annulment, the judge is saying, โ€œWeโ€™re going to pretend that you guys were never really marriedโ€. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.

For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.

By: Attorney Douglas Gardner

Tempe Divorce, Annulment & Legal Separations

A divorce, an annulment, and a legal separation are all very similar in many respects, so there are a couple of important key differences that you should understand. When asked to enter a divorce, annulment, or a legal separation, the court is required to enter specific orders. If there are children involved, the court is required to make orders as to child support. The court is also required to enter orders explaining which parent is going to have the parenting time with the children and which parent, or both parents are going to have the legal decision-making for the child. Even if there are no children involved, the court is required to enter orders as to spousal support.ย Also, the court is required to enter orders dividing up the assets and debt of the parties. In those respects, a divorce, an annulment, and a legal separation are all very similar.

Legal Differences

Now, the differences are also important to understand. In a divorce, the judge is essentially saying, โ€œI now pronounce the parties no longer man and wifeโ€. With an annulment, the judge is saying, โ€œWeโ€™re going to pretend that you guys were never really marriedโ€. With a legal separation, the parties actually remain married, but the court has divided up all the assets and debts. In a legal separation case, if the parties are able to reconcile the marriage, the court can remove the legal separation, and they are back to being married. If you would like more information, please contact me at (480) 733-6800, or you can visit us online.

For additional information on divorce, annulment and legal separation in Arizona, please visit a profile and complete a contact form.

By: Attorney Douglas Gardner

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