Jaburg Wilk

News/Publications

Family Law

  • 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 The opinion is a memorandum decision and is therefore not precedential; however, it may be cited for persuasive value subject to various … Read More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

  • Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

    Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

    On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC).   The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify various aspects of Arizona law regarding modification of child support including the legal consequence of a previously … Read More

    Categories: Family Law, Blog

  • Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

    Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

    In Perkins vs. Perkins (1), Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to temporary) changed circumstances. The opinion is a memorandum decision and is therefore not precedential; however, it … Read More

    Categories: Family Law, Family Law, Article

  • Do I Need a Social Media Clause in my Prenup?

    Do I Need a Social Media Clause in my Prenup?

    Video Transcript:

    Hi, I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense.

    Should I include a Social Media Clause in my Prenuptial Agreement?

    Prenuptial agreements have grown in popularity over the last few years and prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they … Read More

    Categories: Family Law, Article

  • The Advantages of Divorce Mediation

    The Advantages of Divorce Mediation

    Video Transcript:

    Hi, my name is Mitchell Reichman. I’m a board-certified Specialist in Family Law and chair of the Family Law Department at Jaburg & Wilk.

    What is opting out and how can I pursue it?

    Opting out is choosing to resolve a family law dispute outside the traditional judicial system and one method of opting out is choosing mediation as an alternative to resolving disputes. Mediation can … Read More

    Categories: Family Law, Article

  • "For Better or For Worse"

    "For Better or For Worse"

     "For Better or For Worse" 

    What: Mitchell Reichman, an attorney at the Phoenix law firm of Jaburg Wilk  is a presenter and panelist for State Bar of Arizona Law Institute

    Where: 4201 N 24th St, Phoenix  Read More

    Categories: Family Law, Seminars

  • Joint Legal Decision Making Must Parental Addresses be Disclosed?

    Joint Legal Decision Making Must Parental Addresses be Disclosed?

    A  recent Arizona Court of Appeals Division Two case  -  Jorgenson and Giannecchini  -  addressed  whether  a wife  was required to disclose her residential address to  her former husband. The opinion is a memorandum decision and it is therefore not precedential; it may however be  cited for persuasive value subject to various limitations.  The issue centered& … Read More

    Categories: Family Law, Blog