Jaburg Wilk

News/Publications

Family Law

  • Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

    Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

    We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the context of acquiring or refinancing a home.

    Is It a Loan or a Gift? 

    When a home is acquired, sometimes one of the parties’ parents will contribute money towards the down payment. … Read More

    Categories: Family Law, Article

  • Family Law Judges Can No Longer Make Parental Decisions in Arizona

    Family Law Judges Can No Longer Make Parental Decisions in Arizona

    Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such decisions - could raise their differences to a family law judge. That judge would resolve the parent’s conflict by making decisions for them relating to that issue. However, that … Read More

    Categories: Family Law, Article

  • How is Child Support and Alimony Determined in Arizona?

    How is Child Support and Alimony Determined in Arizona?

    When divorcing couples have minor children, frequently the amount of child support is an issue in the divorce.  In Arizona, child support can be estimated using the Arizona Child Support guidelines. The courts provide a free calculator that can be used to determine what a divorcing parent's child support obligations might be.  They consider amount of time with each parent, … Read More

    Categories: Family Law, Article

  • Let Kids Be Kids!

    Let Kids Be Kids!

    When getting divorced or filing for post-decree modifications, it is vital to keep the children out of the divorce action and legal proceedings.  The more normal their life is, the better it will be for them and the easier it may be for them to navigate through the divorce of their parents.  Divorce or changes to parenting time is traumatic for children.  They … Read More

    Categories: Family Law, Article

  • Divorcing and Worried About Your Finances? A Promising Perspective

    Divorcing and Worried About Your Finances? A Promising Perspective

    When women divorce, or contemplate divorce, they report being worried about their finances and how they will meet their financial obligations as a newly single woman.   With gender pay disparity and potentially not knowing their household finances, those concerns are understandable.  Compounding the worry even further are women who are either unemployed or have been the stay-at-home parent. But, … Read More

    Categories: Family Law, Article

  • Do I Need a Lawyer to Get a Divorce in Arizona?

    Do I Need a Lawyer to Get a Divorce in Arizona?

    In Arizona, a large percentage of divorces proceed without either party hiring a lawyer.  As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties do not get along – otherwise known as irretrievable differences.  While getting divorced without attorneys may be& … Read More

    Categories: Family Law, Article

  • Resolving Parenting Time Conflicts

    Resolving Parenting Time Conflicts

    In Arizona, when parents are no longer married or not living together in paternity matters, they may have an agreement for parenting their children (legal decision making) and parenting time for when each parent will be with their children.   The agreement may be a written agreement that they mutually agreed upon or they could have had the family law … Read More

    Categories: Family Law, Article

  • 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