Jaburg Wilk

News/Publications

Family Law

  • Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

    Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

    Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making authority and shared equal parenting time with Father. She filed a petition to retain sole legal decision-making, reduce … Read More

    Categories: Family Law, Article

  • Getting Divorced? Helpful Tips About Social Media and Electronic Data

    Getting Divorced? Helpful Tips About Social Media and Electronic Data

    Question:  I know my spouse’s passwords to their social media accounts, bank accounts and/or financial accounts, can I log into their account and get the information we need to help win my case? 

    Answer:  While this might sound like a really good idea, the answer is no. In doing so, you would likely be breaking a number of … Read More

    Categories: Family Law, Internet and Technology, Article

  • The Potential Benefits of Divorce Mediation

    The Potential Benefits of Divorce Mediation

    Not all divorces need to be tried in court. Divorce mediation is an alternative the parties can choose instead of litigating their divorce in family law court and having the outcome decided by a judge.  Mediation is a private process of resolving disputes by engaging a neutral third party who acts as a facilitator.  Their role is to assist the divorcing couple … Read More

    Categories: Family Law, Article

  • Nondeductible Spousal Maintenance Who Wins Under the New Tax Law?

    Nondeductible Spousal Maintenance Who Wins Under the New Tax Law?

    Under the recently enacted tax reform act, spousal maintenance ordered by a decree or agreement executed after December 31, 2018 will no longer be deductible by the payer and will be tax free to the recipient. Supporters of this tax law change suggested that the deduction for “alimony” was a federal government subsidy that supported  … Read More

    Categories: Family Law, Article

  • Blended Families During the Holidays – Remember the Holidays are Supposed to be Fun!

    Blended Families During the Holidays – Remember the Holidays are Supposed to be Fun!

    Holidays are supposed to be fun! Getting a divorce, having a custody battle or navigating blended families certainly is not fun, regardless of the time of year. However, during the holidays it can be especially difficult and it is a good time to try to put aside your differences, even if you just place them on the back burner for a few hours.  The … Read More

    Categories: Family Law, Article

  • Application of Discounts in Valuation of Interests in Privately Held Entities

    Application of Discounts in Valuation of Interests in Privately Held Entities

    When representing high net worth individuals in divorce proceedings, frequently one of the assets is an ownership interest in a privately held business or professional practice.  Establishing a value for the business can be one of the most hotly contested aspects of the divorce.  Standards, or definitions, of value have been developed as a framework for answering the … Read More

    Categories: Family Law, Article

  • Obtaining Additional Time for a Family Law Hearing: What You Need to Know

    Obtaining Additional Time for a Family Law Hearing: What You Need to Know

    The Facts

    In Reyes v. Neill 1, Division One of the Arizona Court of Appeals addressed the question of whether the Court abused its discretion by failing to permit adequate time for the parties to present testimony and cross-examine witnesses at an evidentiary hearing. The opinion is a memorandum decision and is therefore not precedential; however, it may be cited for persuasive value subject to various … Read More

    Categories: Family Law, Article

  • Family Law Practice in a Values-Based Culture

    Family Law Practice in a Values-Based Culture

    Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. For those of us who have found our calling in helping people achieve sufficiently successful outcomes to thrive after the end of an important relationship - their marriage - it is hard to imagine … Read More

    Categories: Family Law, Article

  • Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

    Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

    On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies equally to same-sex marriages as it does to other (opposite-sex) marriages. The decision is particularly interesting since conflicting opinions were recently issued by Divisions 1 and 2 of the … Read More

    Categories: Family Law, Article

  • Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

    Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

    Question:  I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? 

    Answer: While this might sound like a really good idea, you shouldn’t do this for a few reasons. First of all, even though your spouse may have given you their& … Read More

    Categories: Family Law, Internet and Technology, Article