There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.
Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.
Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.
Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.
There are two basic ways we can help our clients to resolve any divorce case. One is through settlement, and the other is by going to trial. Trial has certain advantages in that you can present your evidence to a judge who is a neutral person and that judge can enter orders that that judge thinks is appropriate, but there are a lot of costs associated with going to trial including the financial cost, but also the emotional cost, and the sleepless nights, and waiting to get ready for trial.
Most clients prefer to be able to resolve their case through settlement. Sometimes settlement is the parties talking among themselves and then I, as the attorney, simply draw up that agreement. Sometimes we do an informal settlement where we talk to both parties and the attorneys involved in that. If necessary, we can bring in a professional mediator to help the parties be able to reach an agreement.
Parties are generally much more pleased with an agreement that they’ve been able to negotiate, that they’ve been able to participate in, and reach. And also, the other party is more likely to fall through and comply with an agreement that he or she has negotiated.
Now if you would like more information regarding trial, or mediation, or your divorce case, contact us at (480) 733-6800, or you can visit us online. If you have more questions on settlement and litigation in a divorce case in Arizona, please contact a lawyer in your area.
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 method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.
First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.
Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.
Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.
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 method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can only occur by agreement. A judge has no jurisdiction or authority to order people to mediate. It is a voluntary process. There are many potential advantages of mediating a family law dispute.
First, the parties select the person who will be their mediator. Next, the parties can decide which issues will be submitted to the mediator. They have the choice of trying to resolve all of their issues in mediation or perhaps, only some of the issues in mediation where some issues need to be litigated.
Mediation is also an alternative that can be tailored to suit the parties’ particular time schedules. It occurs in a private office and not a public courtroom. What occurs in a mediation proceeding is confidential. Although, if there is an agreement, the agreement will be adopted by the court and then, become public. The parties can also choose to mediate with or without lawyers. Now, there’s a danger to that. There’s a big risk when parties mediate without lawyers and we don’t typically recommend it. But, it is an alternative particularly if there’s an issue that is relatively simple where the parties believe they do not need the presence of their lawyer with them during all of the time with the mediator.
Also, other professionals can be brought in to a mediation process. Professional financial planners, business evaluation experts, or even mental health professionals can be part of a mediation process. All based on choices made by the parties and not decisions imposed on them by a judicial officer. Given all of these potential advantages, we often find that opting out by engaging in mediation helps us reach our goal of maximizing the probability that our clients obtain a favorable outcome in their family law dispute.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
If you have a child and you are not married to the other parent, it is important to establish the paternity of the biological father with a court order. Simply being on the birth certificate does not create the legal rights and responsibilities like a court order.
Once paternity is established, the parties can agree on, or have the court determine, three issues: legal decision-making, parenting time and child support. The process is to file a complaint in paternity with the court and serve the other party. If the alleged father denies paternity, the court can order a DNA test. If the DNA test shows a 95% or higher probability of paternity, the alleged father is presumed to be the biological father. The court can then proceed to enter orders for legal decision-making, parenting time and child support. If you would like more information, refer to my FAQs under child custody and child support, or contact me directly.
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
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.
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.
A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
To start a legal separation, please contact an Arizona legal separation attorney.
A legal separation is started much the same way that a dissolution of marriage is started. Either require a petition. The petition in each instance is rather cryptic and simple. There are also documents that attend the petition. There’s a document as to creditors, a document as to health insurance, and a document as to preliminary injunction that applies to both parties once the petition is filed. The process is very simple to start. If you have any questions about filing a legal separation, please don’t hesitate to contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.
To start a legal separation, please contact an Arizona legal separation attorney.
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
My name is Jason Castle. I’m an attorney at Jaburg Wilk and my practice areas are family law and criminal defense.
A petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.
For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.
To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.
By: Jason Castle
My name is Jason Castle. I’m an attorney at Jaburg Wilk and my practice areas are family law and criminal defense.
A petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.
For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.
To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.
By: Jason Castle
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
It is a general rule that an Arizona court must equitably divide all of the spouses community property and debts, without regard to marital misconduct when it enters its final decree of dissolution of marriage. The term equitable is a concept of fairness, depending upon the facts of a particular case.
Consistent with this fairness concept, the court may not order the sale of a community marital residence during the pendency of a divorce proceeding absent an agreement of spouses, a separately filed and consolidated partition action, or circumstances which demonstrate that the residence is at risk of being foreclosed, and neither spouse has the ability to void the foreclosure to preserve existing equity in the residence.
An equitable division of community property is not necessarily or presumptively an equal division of community property. Having said that, an equal division of community property and debts by a court in a divorce proceeding generally will be the most equitable result. However, there sometimes are circumstances that exist which lead a court to unequally divide community assets or debts because the judge determines it is equitable or fair to do so. The court may consider excessive or abnormal expenditures by a spouse, such as those to support gambling habits or drug addiction during marriage, for example.
The court also may consider a spouse’s destruction, concealment, or fraudulent disposition of community, joint, or common property in it’s division of community assets and debts. These particular matters often are referred to as waste, and can result in the court making an unequal division of community assets or debts.
By: Kevin Park
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