Jaburg Wilk

News/Publications

Family Law

  • 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

  • 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