Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and trial.
Hello, my name is Douglas Gardner. I’m an attorney with Davis Miles McGuire Gardner in Tempe, Arizona. Prior to going to law school and becoming a lawyer, I worked for several years in the accounting industry. My background is initially in finance. Because of that financial background and the accounting background I’ve been able to help a lot clients with difficult cases involving business, or the sale of houses, and the division of assets and debts. Growing up on a farm, you know maybe working hard on a farm doesn’t directly relate to doing well in court, but the tenacity and the determination and the hard work and the long hours that I developed on the farm is something I carried forward into my law practice. Because the clients that come to me probably are experiencing the worst time of their life, I find it very important to have good communication with my clients. I try to keep them up to date on anything we receive from the court and from the opposing party.
We also work very hard in any case to try to find a way to resolve the case and avoid having to go to trial, if it’s at all possible. Because we try to resolve most cases through agreements early on in the case, I will aggressively represent those clients, but I’ll smile while doing it, because often we can get agreements quicker, faster, and cheaper if we do it in a friendly and courteous fashion.
However, sometimes friendly and courteous doesn’t work and we have to be much more aggressive as we prepare for trial and we will aggressively pursue your case to make sure that you get a fair outcome and that the judge fully understands the factors that support your case. Well, sometimes I say that I’m the “Jiminy Cricket” up on their shoulder whispering the voice of reason to them and clients then can take the emotions that they’re feeling, and the decisions that want to emotionally make, but also combine that with what I’m telling them as far as the financial decision, and the legal decision, and the logical decision they need to make. I’ve been asked by people that work for judges to come in and represent them in divorce cases and that was a tremendous compliment, because they are able to be in the courtroom and see many many attorneys and they called me to represent them in the case. I was recently was called by an opposing counsel in a prior divorce case because that person now was going through divorce case and was looking for me to help represent them in the case.
So if you’re looking for an aggressive attorney to represent you through a difficult divorce, or a complex family law case of any kind, give us a call at (480) 733-6800, or you can visit us online. I look forward to meeting with you and discussing the strategy of your case that we can use to bring your case to an appropriate settlement, or if necessary to bring your case through litigation and 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
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
I want to talk to you today about how you calculate child support in Arizona. The Arizona child support guidelines in turn, use what is referred to as an income shares model for the calculation of support.
We need to know both parent’s monthly gross income, from which a basic child support amount is derived from the guidelines and to that number we add in the cost of health insurance, the cost of daycare and if the children are in private school, then the private school expenses. Then we determine which of the two parents is a primary custodial parent.
By: Chris Hildebrand
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, 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. 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.
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.
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.
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
In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, most people can modify spousal support upon a showing of substantial and continuing changes in circumstances, such as the loss of a job. However, some people execute marital settlement agreements, or property settlement agreements when they are divorcing. Some of these agreements contain non-modifiable spousal maintenance provisions. In those circumstances, spousal maintenance cannot be modified. For more details, please 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
An existing child support order can be modified if you are able to show a significant and continuing change of circumstances. And what I mean by that, is that you have a change in parenting time, in income, expenses, perhaps the insurance covering the child has changed, something that is related to child support that has changed. There’s basically two ways to go about doing it. One is what I’ll call a regular petition to modify child support. The other is a simplfied way of doing it. If you are able to show that the changed circumstances have the effect of a 15% change in child support, you can file your petition and if the other side does not respond to it, the change is automatic. The court signs an automatic order. If you have any other questions about changing a current order of child support, please contact me at Hildebrand Law. The phone number is, (480) 305-8300. Thank you.
To modify an existing child support order, contact an Arizona divorce attorney.
An existing child support order can be modified if you are able to show a significant and continuing change of circumstances. And what I mean by that, is that you have a change in parenting time, in income, expenses, perhaps the insurance covering the child has changed, something that is related to child support that has changed. There’s basically two ways to go about doing it. One is what I’ll call a regular petition to modify child support. The other is a simplfied way of doing it. If you are able to show that the changed circumstances have the effect of a 15% change in child support, you can file your petition and if the other side does not respond to it, the change is automatic. The court signs an automatic order. If you have any other questions about changing a current order of child support, please contact me at Hildebrand Law. The phone number is, (480) 305-8300. Thank you.
To modify an existing child support order, contact an Arizona divorce 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
Arizona Dissolution of Marriage
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