Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
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.
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. 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 – 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.
Hi, I’m Mitch Reichman. I’m a State Board of Arizona Certified Specialist in Family Law, and I practice at Jaburg and Wilk.
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.
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. 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 – 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.
I’m Kathi Sandweiss. I’m the Chair of the appellate practice section at Jaburg and Wilk.
You can appeal basically any final judgement, and that means you can appeal a dissolution, but it’s not as if you’re no longer divorced. You’re not appealing the fact of the divorce. What you’re appealing typically is about money. It can be about something else, but typically somebody will appeal a distribution of property, for example. And a lot of times that will go back to what the lower court determined was the value, for example, of a business. And the value of that business will then impact how your property is distributed.
One of the basic errors that someone alleges in the divorce decree, in the dissolution decree is that a business was not valued properly. So, that goes back to a dueling expert standard. My expert witness, say, valued my art practice at $300,000. Your expert witness valued my business at $500,000, and that’ll determine a lot of how much money is distributed to each party. The problem with it is you’re looking at credibility of witnesses, and you don’t want to be in the position of asking the higher court to determine that there was a factual error because that’s a much tougher standard on appeal.
By: Kathi Sandweiss
I’m Kathi Sandweiss. I’m the Chair of the appellate practice section at Jaburg and Wilk.
You can appeal basically any final judgement, and that means you can appeal a dissolution, but it’s not as if you’re no longer divorced. You’re not appealing the fact of the divorce. What you’re appealing typically is about money. It can be about something else, but typically somebody will appeal a distribution of property, for example. And a lot of times that will go back to what the lower court determined was the value, for example, of a business. And the value of that business will then impact how your property is distributed.
One of the basic errors that someone alleges in the divorce decree, in the dissolution decree is that a business was not valued properly. So, that goes back to a dueling expert standard. My expert witness, say, valued my art practice at $300,000. Your expert witness valued my business at $500,000, and that’ll determine a lot of how much money is distributed to each party. The problem with it is you’re looking at credibility of witnesses, and you don’t want to be in the position of asking the higher court to determine that there was a factual error because that’s a much tougher standard on appeal.
By: Kathi Sandweiss
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.
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. 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.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. 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.
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. 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.
Now, the differences are also important to understand. In a divorce, the judge is essentially saying, “I now pronounce the parties no longer man and wife”. With an annulment, the judge is saying, “We’re going to pretend that you guys were never really married”. 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
In Arizona, property is characterized as community or separate property, as well as joint or common property. The legal characterization of your property may have a significant impact on the course decisions regarding possession, management, or control of the property, as well as division or disposition of the property.
The term property generally refers to all forms or real and personal property including but not limited to: real estate, including homes and undeveloped land, bank and other financial accounts, IRAs, 401(k)s, pension plans and other retirement accounts, stock options, vehicles, and other personal property items. Here’s how community and separate property rights are defined by statute. Community property generally describes all property acquired by either spouse during the party’s marriage.
Typically, it does not matter whether the property’s titled in one or both spouses’ names, so long as the property was acquired by either spouse during the marriage. The most significant exceptions to this general community property rule pertain to property acquired by gift to a particular spouse or through a spouse’s inheritance during marriage. Spouses generally have equal management, control, and disposition rights over their community property.
Separate property generally describes a spouse’s property which is owned by that spouse before marriage or is acquired during marriage by gift or inheritance, and also includes the increase, rents, issues, and profits of that property. In addition, property which is acquired by a spouse after severance of a petition for dissolution of marriage, legal separation, or annulment is also the separate property of that spouse, if the petition results in a decree of dissolution of marriage, legal separation or annulment. Each spouse generally has the sole management, control, and disposition rights of each spouse’s separate property.
By: Kevin Park
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