This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.
The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.
If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.
This is probably the most asked question at social gatherings. In a legal separation, you still divide your assets and debts, and determine custody, which is now called legal decision-making, parenting time, child support and alimony. Both parties have to agree to the legal separation and if either party objects to obtaining a legal separation, the court will convert your case to a dissolution of marriage.
The difference is that when you obtain a decree of legal separation, both parties will continue to be husband and wife, instead of terminating their marital relationship. A husband and wife may choose this option when they want to divide their assets and no longer be responsible for the debts of the other spouse, but want to remain husband and wife for religious reasons or for health insurance purposes.
If it’s for health insurance purposes, you will need to make sure your spouse’s health insurance policy allows you to have continued coverage after the entry of the decree for legal separation. If you have additional questions regarding the differences between a divorce and legal separation, please contact me at Warner Angle, (602) 264-7101 to schedule a complimentary consultation. I look forward to meeting with you.
I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.
By: Alan Cochran
I take on your case as though it were my case. I’ve been practicing a lot for 25 years primarily in the family law arena. Other areas have been civil litigation, juvenile law, and probate and estate. I’m primarily doing what I do for the best interest of the children. I have a five-year-old, so I’m very into the well-being and the best interest of the children. Clients can expect from me a compassionate, experienced and somewhat aggressive type representation. I represent you and your ideals and your request to the degree that I can under the ethical rules of the law. And gain what we’re able to gain in the process in your family law case.
By: Alan Cochran
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.
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.
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
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.
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.
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
State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.
State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.
Hi, I’m Kathi Sandweiss. I’m an appellate lawyer here at Jaburg and Wilk.
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.ย ย The time for appeal is the same – 30 days – just as in a civil case.ย 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.ย 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.
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.ย 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.
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.ย ย The time for appeal is the same – 30 days – just as in a civil case.ย 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.ย 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.
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.ย 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
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
Legal separation can take a number of months. It can actually take longer than that, but the minimum time in Arizona is sixty days, which is the exact same as a divorce. So, if you were hoping for a quicker disposition of your legal separation, unfortunately you are not able to do that any faster than you would a divorce. But, that’s not the only reason to consider a legal separation. Each case is different. Each case is unique and we’d love the opportunity to talk about that with you. If you’d like more information, contact me.
The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.
If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.
Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.
The paternity proceedings in Arizona are controlled by Arizona revised statute title 25, starting at section 801. Mother may file petition to establish paternity and serve the alleged father she believes to be the child’s biological father. If the alleged father files an answer denying paternity, mother may request that the court order the alleged father to submit to a DNA test to determine paternity.
If the alleged father, after being served, refuses to file an answer with the court, mother may request that the court enter a default judgment against the alleged father, establishing by court order that he is the child’s biological father.
Once a mother establishes paternity, then she can proceed to obtain child support against the father pursuant to the Arizona child support guidelines. Please call me at Warner Angle, (602) 264-7101. I can schedule a complimentary consultation to discuss in more detail the necessary steps to obtain an order of paternity and have the court decide legal decision making, parenting time and child support. I look forward to meeting with you.
Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.
The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.
By: CD Owens
Alleged fathers very frequently deny paternity. They’re facing 18-years of child support, they’re ticked off at the mother, they’re splitting up and frequently they just don’t have anything to do with the mother or any part of her. But, it’s not something he can avoid.
The court will order him to be tested. DNA tests are just as routine as getting up in the morning for breakfast. The court will order it or the parties will agree together to do it and often can work it out without the necessity of testing but, we very often lend a lot of help to people in that connection by at least getting them to calm down a little bit for a few minutes and consider the matter. We work it out with them and people can call us whenever they like.
By: CD Owens
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