What If Family Law Court Hearings or Settlement Conferences Are Scheduled?
Question: There is a hearing, or other court appearance, scheduled in my family law case. Is the Arizona Family Law Court still open? Do I have to go to Court?
The status of the Court and pending family law cases continues to evolve rapidly, with updates from the presiding family law court judge, the Honorable Bruce Cohen, disseminated daily. While the Court remains open, effective Wednesday, … Read More
How is COVID-19 Impacting Pending Divorces in Arizona Family Law Courts
Question: I’m confined to my house due to the coronavirus. I still want complete my divorce. Is that possible?
The short answer is yes. However, it requires cooperation from both parties. If they can reach an agreement, the settlement documents can be submitted to the assigned judge who will sign same, thereby completing the divorce process. However, if there are outstanding issues … Read More
What if One Parent or Their Child Becomes Ill with COVID-19?
Question: If the other parent becomes ill with the COVID-19 virus, can I insist that his or her parenting time be suspended?
In our experience, asking for reasonable accommodations to protect the health of a child is usually more effective than demanding. Remember, if they have the virus their emotions and stress levels - and as a result their defenses - are heightened. You should kindly and calmly communicate … Read More
Modification of Child Support or Spouse Maintenance
Question: My income has changed significantly. Can I seek either a temporary or permanent modification of child support or spousal maintenance?
In order to be eligible for a downward modification of child support or spousal maintenance, a person must establish a change in circumstances that is both substantial and continuing. The burden is on the party requesting the modification to demonstrate this change. … Read More
Business Valuations and Divorce During Pandemic
Question: I am in the midst of my divorce and my business and/or professional practice is being valued. How, or, will the dramatic changes happening now be considered?
There has never been a more challenging time for a valuation expert to render a supportable opinion about the value of a business or professional practice. The standard that governs a judge’s decision about the date to be used in valuing a … Read More
Does COVID-19 Change Child Custody Agreements?
The world is rapidly changing. Some states have already enacted shelter-in-place orders. I am frequently being asked what does this mean for Arizona co-parenting agreements? Each parent still has a court-ordered RIGHT to see their children. Shelter-in-place orders do not prohibit travel for court-ordered parenting time. This means you need to abide by your Arizona family court order and exchange your child as … Read More
Jaburg Wilk Names Three New Partners
PHOENIX, Ariz. (01/10/2020) – Jaburg Wilk named three attorneys – Nichole Wilk, Natalya Ter-Grigoryan and Michelle Ronan - as partners of the firm effective January 1, 2020.
Nichole Wilk is business transactional law, probate, and commercial litigation attorney. She graduated from Gonzaga University School of Law, Spokane and has been a practicing attorney since 2009. Nichole has been named a … Read More
Ho Ho Ho! Can Happy Holidays and Divorce Co-exist?
The holiday season tends to bring out the best, or the worst, in people. It is a time to celebrate the joys of life and let the stress of the prior year slip away. Unfortunately, divorce and the holidays tend not to mix well – and parents in the throes of a difficult divorce may find themselves being anything but merry. Divorce does not need to suck the fun out of the holidays. Perhaps a different … Read More
Game on – Higher Professionalism in 2020
A judge assigned to a family law calendar in Maricopa County recently remarked that he and his judicial brethren noticed that the lawyers practicing family law behave badly towards each other, much worse than what the judges have experienced in civil and criminal assignments. Unfortunately, most of us have litigated against lawyers in family law cases who are consistently abrasive, discourteous and combative. … Read More
Modifying Arizona Spousal Support Orders
Spousal maintenance can be either modifiable or non-modifiable. Generally, when a spousal support order is the byproduct of an agreement between the spouses, after the divorce decree is entered, neither one of the parties or the Court can modify the duration or amount set forth in the support order. Thus, one of the benefits of resolving spousal support through settlement is the certainty that the terms of the … Read More