Arizona Family Law Laws

How is Eligibility for Alimony Determined | Arizona

Kris Leonhardt

 

Eligibility for alimony is determined based upon the factors set forth in A.R.S. 25-319. The court will consider whether one party lacks sufficient property to be able to be self-sufficient. Additionally, the court will also consider whether one party is unable to be self sufficient through employment. The court will also consider if one of the parties is a custodian of a young child. They will consider whether one party has contributed to the education expenses over the other spouse. Additionally, they will also look at the age and the duration of the marriage. Spousal maintenance or alimony is completely subjective. If you have any questions, please feel free to call me at (480) 994-8824. Thanks.

By: Attorney Kris Leonhardt

Eligibility for alimony is determined based upon the factors set forth in A.R.S. 25-319. The court will consider whether one party lacks sufficient property to be able to be self-sufficient. Additionally, the court will also consider whether one party is unable to be self sufficient through employment. The court will also consider if one of the parties is a custodian of a young child. They will consider whether one party has contributed to the education expenses over the other spouse. Additionally, they will also look at the age and the duration of the marriage. Spousal maintenance or alimony is completely subjective. If you have any questions, please feel free to call me at (480) 994-8824. Thanks.

By: Attorney Kris Leonhardt

What are the Differences Between Settlement & Litigation in a Divorce Case | Tempe…

Douglas Gardner

 

Divorce Settlement vs. Litigation

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.

Settlement

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.

By: Attorney Douglas Gardner

Divorce Settlement vs. Litigation

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.

Settlement

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.

By: Attorney Douglas Gardner

Kip Micuda - Profile Video | Arizona Family Law

Kip Micuda

 

My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

My name is Kip Micuda. I practice in family law and I’ve been practicing for about twenty-five years now. I can’t think of too many circumstances if any, where the fit between lawyer and client is more important than in family law matters. Family court cases are fluid. They’re constantly changing. The lawyer’s first interest, first obligation is to help the client get where the client ought to be. But, in addition to that, at least for me, having a personal relationship with my client is often very important. I’m trying to create a personal connection with them that leaves them with no doubt that I care about them, I care about their children and I care about their case. And, in doing that I often share with them, my parents split up when I was twelve years old and it was very difficult on my brother and I. At one point, we were asked, which parent do you want to go with and I remember very distinctly telling, both my parents, I’m not picking between my parents. I do have some understanding of what they’re going through and in particular, I have some understanding of what their children are going through. I think it gives me a perspective that lawyers that haven’t been through that, don’t have. Those cases particularly when the children are undergoing some real difficulties, whether it’s trauma from what’s going on between the parents or whatever the case might be. The thing that I always keep in mind is that they rarely have a voice. I tend to take it upon myself that while I’m representing a parent, or a custodian, or a guardian, or a grandparent, whoever, I always try to keep an eye on what’s going on with the children. You’ve just spent a few moments looking at my profile, thank you. I hope that it convinces you that I’m professional, knowledgeable, and that my client’s interests are very important to me. If you’d like to talk to me about representation in a family law matter, I ask that you do so. Please contact me at Hildebrand Law. The phone number is (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Who is a Mandatory Reporter | Arizona

Michael Clancy

 

A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.

By: Attorney Michael Clancy

A mandatory reporter is somebody who has a legal duty, as outlined in the statute, to report any reasonable suspicion of abuse or neglect of a child. That can be a parent, it could be a physician, it could be a caregiver. But, if your job or title appears in the statue, it’s something that you ought to look into personally to see that if you are a mandatory reporter, you do have a duty to report any neglect or abuse to CPS, or to a police officer. If you’d like more information about a mandatory reporter, please give me an email.

By: Attorney Michael Clancy

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

What Does the Court Consider During a Divorce Case | Tempe Divorce Laws

Douglas Gardner

 

Divorce Case in Tempe Courts

For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.

Parenting Time

The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.

Legal Decision Making

The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.

Child Support

The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.

If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.

By: Attorney Douglas Gardner

Divorce Case in Tempe Courts

For divorce cases in Arizona, the court is required to enter orders as to three basic issues, or even better, if the parties can reach an agreement on those issues, the court can adopt that agreement as the court order.

Parenting Time

The first issue is the parenting-time arrangement. This agreement should include which parent will have the child during the week, which parent will have the child on weekends, how the children will be divided up for the holidays, and other issues as to the transportation and the division of the children.

Legal Decision Making

The second issue that the court will look at is the legal decision-making for the children. In Arizona, generally the court will give both parties joint legal decision-making, which means that both parties should be involved in making major medical decisions, major educational decisions, and major religious decisions. Only in rare circumstances will the court give one person sole legal decision making of those major decisions for the child.

Child Support

The final issue is child support. In Arizona, we have a guideline adopted by the Arizona Supreme Court that gives us an opportunity to based on your income, the other party’s income, and several other factors we can figure out based on that formula real close what the court is likely to order for child support in each case.

If you’d like more information regarding child related issues in your divorce case please contact me at (480) 733-6800 or you can reach us online.

By: Attorney Douglas Gardner

What is a Resolution Management Conference | Phoenix Divorce Attorney

Jason Castle

 

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court.  The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.

However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.

Settlement Meeting

During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.

Temporary Orders

Temporary orders are the rules or the orders that will apply between that point in time and the final decree.  During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.

By: Jason Castle

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk, and my practice areas are family law and criminal defense.

Resolution Management Conference

A resolution management conference – often called an RMC – is one of the first times the parties will end up going to court. Most of my clients when they come in are scared of court and don’t want to go. So the RMC ends up being their first opportunity to be a party in a lawsuit, and to go to court.  The RMC sounds scary as well. It is not. It is primarily just a scheduling conference.

However, it is an important step in the process towards litigation. It typically is scheduled somewhere between 45 and 60 days after the Respondent files his or her response, and the order setting the RMC will require the parties to have a settlement meeting prior to the RMC.

Settlement Meeting

During the settlement meeting, depending on where the parties are in the litigation process, some people come in already having an idea of what they want to do in order to resolve their divorce. Others do not. That’s a good time to set what are called temporary orders.

Temporary Orders

Temporary orders are the rules or the orders that will apply between that point in time and the final decree.  During the RMC, you will then go to be in the court. They’ll tell the court, These are our issues. This is how long we need for trial. The court will look at its calendar, talk to the parties to find out when it’s good for them, and schedule the trial.

By: Jason Castle

What is an Arizona Parenting Plan Document | Scottsdale Child Custody

Greg Davis

 

Scottsdale Parenting Plans

A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

Scottsdale Parenting Plans

A parenting plan is a document, which a judge will make or parents can make themselves. It describes with whom a child will live and on what days of the week. It describes which parent, or both parents will make the decisions for the child. For details, contact me, Greg Davis at Davis Limited, (602) 279-1900.

By: Greg Davis

How Long Does Divorce Take in Arizona?

Kris Leonhardt

 

It’s almost impossible to know how long a specific divorce will take. The length of your divorce depends on certain factors, such as the complexity and number of issues, whether or not you are able to reach agreements, and whether the case goes to trial. There is a sixty day waiting period from the time in which the other party is served. That means the court will not enter an order for divorce in less than sixty days. If you have any questions about the specifics of your case, please feel free to give me a call at (480) 994-8824.

By: Attorney Kris Leonhardt

It’s almost impossible to know how long a specific divorce will take. The length of your divorce depends on certain factors, such as the complexity and number of issues, whether or not you are able to reach agreements, and whether the case goes to trial. There is a sixty day waiting period from the time in which the other party is served. That means the court will not enter an order for divorce in less than sixty days. If you have any questions about the specifics of your case, please feel free to give me a call at (480) 994-8824.

By: Attorney Kris Leonhardt

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