Blog Posts in 2015

  • Winner (or loser) by default

    In the court room, just like any sporting event, if your opponent doesn't show up at the start of the fight, you win by default. For this reason every summons by the court should be taken seriously and not be put off to the side until the last minute. The effect of a default judgment could have a great impact upon your life. A default ruling occurs when the moving party properly serves the other ...
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  • Father’s Rights

    Traditionally, there has been the view that a child, given that their parents are not together, should belong with their mother. This made it difficult for fathers to have the desired amount of time with their children. The Courts use best interest factors to in determining how to decide decision making and parenting time for children. In recent years Arizona has altered what is viewed as in the ...
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  • Types Of Legal Decision Making

    My ex said that he only wanted legal decision making regarding our children’s education, what does this mean? Legal decision making is the legal power to make a variety of decisions regarding the upbringing and best interest of your child. It is common for parents to have what is Joint Legal Decision Making, where both parents have a say in how their child is raised. Joint Legal Decision making is ...
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  • 5 Tips

    There is a lot at stake when you are going through a family law case; at times something we might not normally consider can make a large difference to your situation. Here are 5 quick tips of small things that can help you and your case. Your attorney can't help you with what they don't know about. By being honest with your attorney you're helping yourself by allowing the attorney to most ...
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  • Marital Home

    It’s my home and I would do anything to keep it, what do I do? We all have a strong attachment to our homes, it’s where we live and where our memories are, but it’s not always the wisest decision to keep the house by fighting tooth and nail. Some valid reasons for wanting to keep a home do exist. Keeping it for the kids, it could be easier on your children if you keep your marital home, by keeping ...
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  • Honesty, Honestly The Best Policy

    But can’t we just pretend that these accounts don’t exist? The answer to this will always be no, or at least it should be. Honesty is a virtue to be honored and this most certainly applies in the court room. Dishonesty about your assets can include: Denying they exist; Devaluing them; Exaggerate their value; or Altering a material detail about them. Being honest with your assets with your attorney ...
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  • Is It Worth It?

    He is the bad guy here why can’t the court see that? The judge in your family case isn’t a Judge Judy, they are not there to help justify your feelings by ordering that you were right and he was wrong. The Court is there to oversee the separation and uses the law to guide its decisions. When you are a party to a case in family court it’s important to remember that for every move you decide to make ...
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  • Taking Care Of Yourself

    Amidst a family law preceding many individuals forget about who they should be taking care of first and foremost… Themselves. Divorces and child custody cases can take a large toll on your well-being, your attorney is there to help you take care of your case but it’s your responsibility to take care of yourself. If you are unable to maintain your own well being then your other relationships and ...
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  • Children Taken? Now What

    My children were just taken from me, can they do that and what can I do about it? A child can be taken from you by a peace officer, child welfare investigator or a child safety worker under certain conditions if it is clearly necessary to protect the child. The conditions must be one of the following: The child is a victim or will imminently become a victim of abuse or neglect; The child is ...
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  • Marital Waste

    What is marital waste and how would it effect the distribution of the marital property? Marital waste can occur when you or your spouse have improperly used, concealed, or transferred marital assets. Some misuses that could potentially be found as waste, but not always, include: Excessive expenditure without spouse’s knowledge or consent (binge shopping); Excessive gambling; Concealment of assets; ...
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  • Consultation Tips

    What should I do to prepare for my consultation and what are some things I should consider before coming in? Know what you are coming in for, if there are certain issues you want to ask about write them down and make a list of them. This can help you ensure you don’t forget what you came in for and also help you stay on topic to ensure a more efficient use of your time. Bring in your documents, ...
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  • Concillation

    What happens when your spouse files for divorce, yet you believe the marriage can be saved? There is a mechanism in Arizona that allows time for serious reflection and counseling. Either party can file a petition for conciliation counseling. During this time, even if one spouse objects to the petition, all ongoing proceedings are paused for sixty days. The parties may seek marriage counseling, ...
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  • No Fault Divorce

    Arizona recognizes “No Fault” Divorces. A No Fault Divorce simply means either spouse can file for dissolution of marriage (divorce) without a specific enumerated reason. Instead, one spouse must claim reconciliation is not an option due to “irreconcilable differences”. The precise irreconcilable differences need not be specified. The Court will not ask for an explanation of what the differences ...
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  • Spousal Maintenance

    Spousal maintenance, formerly known as alimony, is available in Arizona. Spousal maintenance is an award of money payments from one spouse to the other for a period of time. Spousal Maintenance varies from case to case and Judge to Judge. A party seeking Spousal Maintenance must first meet the burden listed below, some reason for needing spousal maintenance; If the spouse lacks sufficient property ...
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  • Attorney Value in Family Law

    Why is it important to have an attorney who is neutral party to the proceedings? All court cases come with some level on intimate investment for the parties, whether it be a business deal gone south or a personal injury situation. Above those is the level of investment we have in our families, those issues addressed in family court are the ones that are the most personal to us. For this reason it ...
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