A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.
A judge can decide a number of things in your divorce case. Most commonly, the judge will divide your assets, the judge will divide your debts, and if you have common children with your spouse, the judge will award child support to the custodial parents or outline parenting time in the parenting plan, but each case is different so you’ll need an attorney that will be able to identify all of your legal issues and make sure that they make it into the decree either by consent or through trial. If you’d like to discuss your divorce case with me, feel free to email me.
My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.
I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.
My name is Erik Bergstrom. I’m a partner at Warner Angle, practicing in family law. With every case, I like to get to know my client, their particular situation, what their concerns are and what their goals are. That way we can form a more combined, joint approach to resolving their case. I think that clients who retain me appreciate an attorney who works closely with them and is in constant contact with them. I do believe that once clients meet with me, get an understanding of the law and the process of divorce, that they leave my office much more relieved and feel that somebody is looking out for their interests and is going to protect them through this trying time. I enjoy practicing family law because I like helping people who are going through a difficult time in their lives and going through a complicated and uncertain process. I feel that I’m very good at explaining matters to clients so that they have a clear understanding of what lies ahead and what the likely resolutions of their case might be.
I have handled and I enjoy handling the more complicated divorce cases. These often involve division of business interests, division of retirement accounts, valuation problems and the like. Whether your case is straight forward or complex, feel free to call me to schedule a consultation in my office. I’m happy to meet with you to review the issues in your case and explain the applicable law and the divorce procedures.
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
In Arizona, we don’t use the word legal custody anymore. We now refer to legal custody as decision-making authority. Sole legal decision making authority refers to a situation where one parent makes all the major decisions for a child. It’s rare. Most of the time, legal decision-making is joint. For more information, contact me, Greg Davis at Davis Limited, (602) 279-1900.
By: Greg Davis
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
Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.
The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.
If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.
By: Chris Hildebrand
Hello, I want to talk to you today about the importance of establishing paternity in the state of Arizona. If you are the father of a child who is born out of wedlock, meaning the child was born and your were not married to the child’s mother, until you establish paternity, you have no legal rights with respect to that child.
The legal rights which I am talking about include the rights to participate in the child’s medical decisions, the rights to participate in deciding where your child goes to school, the rights to decide the extra curricular activities your child will participate and even the rights to participate in your child’s religious upbringing. Until you establish paternity, you have no rights into any of those decisions and you may not have rights to see your child until you establish paternity as well. If you have any other questions about paternity, please feel free to contact me.
If you need to establish paternity in Arizona, please contact a Scottsdale paternity lawyer.
By: Chris Hildebrand
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
You can modify an existing child support order if you can show the court a substantial and continuing change of financial circumstances. What does that mean? Well, there’s a whole lot of factors that go into modifying a child support order. You can be spending more or less time with your child. You can be making more or less money. We’ll have to go through the list and see what the guidelines allow you to consider when modifying a child support order, but the general rule is 15%, up or down, that would change to make the change of circumstances substantial and continuing. But, if you’d like more information or want to talk to me more about modifying a child support order, feel free to give me an email.
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
A person can get a legal separation the way he or she can get a divorce. All they have to do is file a petition for legal separation. And the only difference between a legal separation and a divorce in the final analysis is that in a legal separation, obviously you don’t get a divorce. Now, when people come to us we actually advise against it, except in very special cases.
For example, I had a case once where a 55-year old couple were splitting the blanket and were in complete agreement that they should have a legal separation because the wife had cancer and the husband was a top executive for Motorola.
Motorola has an outstanding medical plan and so she couldn’t get that kind of coverage if they were to get a divorce because insurance companies are not going to ensure anybody after the divorce. She couldn’t continue to carry his insurance. She could have what we call COBRA, it’s an expensive temporary application for a short period of time, but that’s one reason why obviously you’d decide to have a legal separation. Could be religious. Catholics, they often don’t want a divorce.
Only in special situations do we advise it because they don’t work out, unless it’s something serious like that. They’re going to come back in less than a year probably and tell the judge they want to change it to a divorce. But, it’s one of the things people can always come talk to us about and have up front information before they start trying to make decisions.
By: CD Owens
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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