Arizona Family Law Laws

Can You Keep Your Spouse's Health Insurance Policy After a Divorce | Scottsdale Divorce…

Greg Davis

 

Health Insurance Portability & Accountability Act

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

Health Insurance Portability & Accountability Act

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

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

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

Can I Appeal My Divorce Decree | Arizona

Kathi Sandweiss

 

Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.

Can a divorce be appealed?

You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal.   The time for appeal is the same – 30 days – just as in a civil case.  And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed.  A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.

Will you work with my current divorce attorney?

We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court.  Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.

By: Kathi Sandweiss

Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.

Can a divorce be appealed?

You can appeal really any of your issues that you disputed in your divorce decree, assuming obviously that you didn’t stipulate to your divorce decree. But assuming that there’s been a decree entered after some sort of a conflict – an adversarial proceeding – there’s no reason you can’t appeal.   The time for appeal is the same – 30 days – just as in a civil case.  And the kinds of things that we see people appealing in a divorce are: child custody arrangements, valuation of businesses, amount of spousal maintenance, amount of child support. Any of the things that you might be disputing in your divorce, if you’re unhappy with the result, certainly they can be appealed.  A trial lawyer will be looking for the facts, will be helping you through your case, and trying the case. An appeal is based on the record already made in the trial court.

Will you work with my current divorce attorney?

We like to work with the trial lawyers, including the divorce lawyers and certainly, we have no intention of stealing back your case after the case is decided on appeal. The hope for you, if we’re representing you as the appellant, is to have the matter remanded to the trial court, and at that point, then your divorce will proceed in the trial court.  Not only that, but we really like to have your trial lawyer’s input and have him or her review our briefs before they’re filed.

By: Kathi Sandweiss

What is an Appeal and How Do I Know if I Should Appeal My…

Kathi Sandweiss

 

I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.

What is an appeal?

An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error.  That would be an error in a legal issue or perhaps an error in a factual finding.

I am unhappy with my judgement, how do I know if I should appeal it?

Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement.  That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review.  So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard.  A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.

By: Kathi Sandweiss

I’m Kathi Sandweiss. I’m the chair of the appellate practice section at Jaburg Wilk.

What is an appeal?

An appeal is when a losing party to a judgement will ask the higher court to review a decision by a lower court, and hope that the higher court finds that the lower court made some sort of an error.  That would be an error in a legal issue or perhaps an error in a factual finding.

I am unhappy with my judgement, how do I know if I should appeal it?

Whether or not you can appeal your judgement is not always obvious just by looking at the judgement. You may not know, and your trial lawyer may not know if there is something really legally wrong with your judgement.  That’s why sometimes you want to hire a specific appellate lawyer to determine whether or not there is really something that’s appealable about your judgement. That’s where we get into what’s called the standard of review.  So if the trial court made an error that was an error in law, you’re going to have a much greater chance of getting your judgement reversed on appeal. If the trial court made an error that you think was a factual error, it’s going to be reviewed at a very tougher standard.  A standard that involves whether or not there was a clear error by the lower court. You’re going to have a much harder time getting that judgement reviewed and reversed by the court of appeals.

By: Kathi Sandweiss

How to Change a Child's Last Name in Arizona | Hildebrand Law, PC

 

Changing a Child’s Last Name in Arizona

Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.

You can contact Michael Clancy at (480)305-8300 to schedule a consultation.

Changing a Child’s Last Name in Arizona

Parents may decide they want to change a child’s last name. This typically occurs when a child is born to an unmarried couple. The father may want the child to have his last name while the mother may not want to change the name at all. A child’s last name is his or her identity. The child’s last name also reflects the identity of his or her parents. Learn more about changing a child’s last name in Arizona from Arizona child custody attorney, Michael Clancy, of Hildebrand Law, PC.

You can contact Michael Clancy at (480)305-8300 to schedule a consultation.

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

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