Arizona Family Law Laws

Prenuptial Agreements - Social Media Clause | Phoenix Divorce Laws

Jason Castle

 

Prenuptial Social Media Clause

Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.

One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.

Posting Private Photos & Videos

I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.

By: Jason Castle

Prenuptial Social Media Clause

Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.

One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.

Posting Private Photos & Videos

I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.

By: Jason Castle

Sole Legal Custody | Scottsdale Family Law

Alan Cochran

 

Sole Legal Custody in Scottsdale

A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.

The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.

Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.

Why Courts Award Sole Custody

Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.

Major Decision Exceptions

The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.

School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.

By: Alan Cochran

Sole Legal Custody in Scottsdale

A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.

The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.

Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.

Why Courts Award Sole Custody

Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.

Major Decision Exceptions

The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.

School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.

By: Alan Cochran

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 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

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 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

How Long to Finalize a Divorce Case in Arizona | Tempe Divorce Laws

Douglas Gardner

 

Divorce Case Length in Tempe

A very common question we receive is, how long will it take to finalize my divorce case. In Arizona, the short answer is that it has to take at least (61) days. By statute, the court cannot grant a divorce until 60 days after the case has been filed, and the other person has been served, or notified of the case, and so especially in simple cases where the parties can reach an agreement, we can often finalize those cases in (60) to (90) days.

With more complicated cases, especially those cases where we have to gather documents, and we have to gather evidence, and we have to prepare witnesses, and we have to prepare for trial, those cases can take (4) to (6) months and even in certain cases, up to a year. Now, if you’d like more information about your divorce case, please contact us (480) 733-6800, or you can visit us online.

If you are looking to finalize a divorce case in Arizona, please visit a profile and complete a contact form.

By: Attorney Douglas Gardner

Divorce Case Length in Tempe

A very common question we receive is, how long will it take to finalize my divorce case. In Arizona, the short answer is that it has to take at least (61) days. By statute, the court cannot grant a divorce until 60 days after the case has been filed, and the other person has been served, or notified of the case, and so especially in simple cases where the parties can reach an agreement, we can often finalize those cases in (60) to (90) days.

With more complicated cases, especially those cases where we have to gather documents, and we have to gather evidence, and we have to prepare witnesses, and we have to prepare for trial, those cases can take (4) to (6) months and even in certain cases, up to a year. Now, if you’d like more information about your divorce case, please contact us (480) 733-6800, or you can visit us online.

If you are looking to finalize a divorce case in Arizona, please visit a profile and complete a contact form.

By: Attorney Douglas Gardner

Can a Father’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

How is Alimony Determined in Arizona | Scottsdale Alimony Laws

C.D. Owens

 

Determining Alimony

That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.

Alimony Example

For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.

By: CD Owens

Determining Alimony

That is perhaps the most difficult question that lawyers and judges have to make in these cases. There are so many variables that have to be considered that I could actually discuss them for the rest of the afternoon. There’s the age of the parties, how long they have been married, there’s how much money does each one of them make.

Alimony Example

For example, if a lady with a 20-year marriage is making $150,000 a year, no judge is going to award her spousal maintenance. His or her attitude will be that she can support herself, as she obviously can. But then after a decision is made whether a party qualifies to receive spousal maintenance, there’s a wide range of other things like standard of living that has been achieved during the marriage, health of the parties. You not only have to consider how much the wife may be earning, but you have to consider how much the payer is earning and whether he could pay spousal maintenance. All of those things have to be considered and we encourage people to give us a ring and talk to us about it.

By: CD Owens

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

What Does the Court Consider During a Divorce Case | Tempe Divorce Laws

Douglas Gardner

 

Divorce Case in Tempe Courts

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.

Parenting Time

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.

Legal Decision Making

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.

Child Support

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.

By: Attorney Douglas Gardner

Divorce Case in Tempe Courts

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.

Parenting Time

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.

Legal Decision Making

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.

Child Support

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.

By: Attorney Douglas Gardner

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