Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.
Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.
What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.
Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.
By: Laurence Hirsch
Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Parenting coordinators are appointed by the court, and the main thing that they do is help parents make decisions when the parents can’t agree. Look, the parties are getting divorced. Clearly they’re not seeing eye to eye on everything, and more often than not they don’t see eye to eye on parental decisions, nor can they make even the most simplistic agreements on their own. And so a lot of times somebody needs some help, and that’s where parenting coordinators come into play.
Parenting coordinators are often either other family lawyers who are well-versed in custodial litigation, or they’re mental health professionals or medical doctors.
What kinds of issues are appropriate for what we call a PC to oversee? They’re issues like school, vacations, the change of a parenting day, the right of first refusal, babysitters, caregivers, even medical arrangements, medical decisions, which doctors they’re going to see. In other words, these are often things that people shouldn’t be litigating about. They shouldn’t be spending $10,000 on the issue of should I be picking up the kid at 3:15 on Thursday or 3 o’clock on Thursday? So that’s where parenting coordinators come into play – highly beneficial for the parties, saves a ton of money, also helps everybody’s mental health because things are handled quickly by the parenting coordinator.
Now, what are parenting coordinators not for? The main thing that a parenting coordinator is not for is making decisions with regard to decision-making authority or custody. In other words, if you are already divorced and you want to change your custodial access schedule – let’s say it’s week on/week off – and you don’t think father should be seeing the children that much any longer, the parenting coordinator is not the right person to go to for that. Unfortunately, the court is.
By: Laurence Hirsch
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.
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.
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.
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.
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.
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.
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.
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.
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we have a procedure called a petition for temporary orders. A temporary orders petition asks the court to award spousal maintenance, child support and, or parenting time and decision making authority, with respect to children while the divorce is going on. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.
The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial. If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.
The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for you.
Hi. I’m Mitch Reichman. I’m a state board of Arizona certified specialist in family law, and I practice at Jaburg and Wilk.
The amount of time it takes for your divorce to be finale is different in everyone’s case. It’s driven by a number of factors. The first is whether other professionals need to be brought into the case, such as custody evaluators or business appraisers. They are the major factor in terms of how long it will take your divorce to be finale, is whether your case goes to trial. If we resolve your case short of trial, it will typically take less time. If we have to go to trial, then we have to deal with the judge’s calendar. Most judges are setting trails three to six months out, so by the time you know you need to go to trial you might wait another three to six months, and your case might not be resolved for over a year.
The amount of attorney’s fees you incur in your divorce largely depends on the reasonableness of the positions that each party takes during the course of the proceedings. If your case is a high conflict case and where people take unreasonable positions, it will take longer for us to help you through the process, and therefore you incur more in fees. Truly is impossible to predict in the beginning of your case how much you’re going to incur in attorney’s fees, because we don’t know what positions the other side is going to take. As your case develops, as we get information, we’ll at some point have a good idea of how much you’ll incur in fees and be able to predict that for 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 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.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
Hi. My name is Mitchell Reichman. I’m a board certified specialist in family law and chair of the family law department at Jaburg & Wilk. Opting out is choosing to resolve a family law dispute outside the traditional judicial system. One of the ways parties can choose to opt out is by choosing to arbitrate.
Arbitration is a voluntary process. It’s beyond the jurisdiction of a judge to order parties to arbitrate. However, once parties do decide to arbitrate, a court order will be entered that appoints the arbitrator and governs the process. Generally in Arizona, arbitrations are governed by a set of statutes known as Arizona’s Arbitration Act. One of the advantages of arbitration is that the parties can choose the neutral that serves as the arbitrator based on the parties’ circumstances, particularly where the issues are specialized such as with the valuation of a business or professional practice. The parties can chose an arbitrator who has a greater amount of education, training, and experience than the judge randomly assigned to their case. This gives the parties the opportunity to obtain a more predictable outcome because the arbitrator is familiar with the issues that will be presented in a valuation analysis, and the judge might not be. An important difference between choosing to arbitrate a dispute as compared to a trial concerns the right to appeal.
Under Arizona’s Arbitration Act, people who choose to arbitrate have very limited rights to appeal the decision of the arbitrator. This is very dissimilar from their rights to appeal should a judge make the decision after a trial on the merits. Overall, however, in many cases we find that by choosing to opt out through a process of arbitration, we’re able to reach our goal of helping our clients obtain a more favorable result in their family law proceeding.
In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
In most circumstances, you can’t keep your spouse’s health insurance after a divorce. You can, however, convert your spouse’s health insurance to your own plan under HIPAA, the Health Insurance Portability and Accountability Act. Most people know this as COBRA. It’s a wonderful thing to be able to keep your insurance for another (36) thirty-six months. Unfortunately, it’s also very expensive. For details, contact me, Greg Davis, at (602) 279-1900.
By: Greg Davis
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
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.
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