Jaburg Wilk

News/Publications

Family Law

  • Protecting Children: What to Do When a Spouse Abuses Drugs

    Protecting Children: What to Do When a Spouse Abuses Drugs

    Video Transcript:

    My spouse is abusing drugs and I'm concerned for my children.  What can I do?

    If you're afraid for your children's safety you might want to consider getting an order of protection. Order of protections would be issued by a court in order to ensure that the party is not interacting, engaging or contacting the protected persons. Assuming you're not talking about safety and you're just … Read More

    Categories: Family Law, Article

  • Challenges in Managing the CEO's Divorce

    Challenges in Managing the CEO's Divorce

    Representing a high-level executive in his or her divorce presents unique and recurring challenges to a Family Law practitioner. While every client's divorce has its own particular circumstances, representing high net worth senior level executives have certain commonalities among them regardless of their profession and industry. These include the absence of time to devote to divorce-related tasks and difficulties … Read More

    Categories: Family Law, Family Law, Publication

  • Joint Custody and Legal Decision Making

    Joint Custody and Legal Decision Making

    In Hull v. Wesley [1] the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication.  These medications were taken during the pregnancy.  The child was born addicted to the pain medication and suffered withdrawal and complications after birth. The Appeals Court opinion is a … Read More

    Categories: Family Law, Article

  • Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisdiction

    Who Has Child Custody Jurisidction- Mexico, Arizona, or California? 

    The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. 

    Facts of the Child Custody Case 

    The facts of the case are interesting. … Read More

    Categories: Family Law, Article

  • What is Opting Out?

    What is Opting Out?

    Video Transcript

    What is Opting Out? Are There Advantages in Doing So?

    Opting out is resolving a family law dispute outside the judicial system. I think that the parties can achieve clear advantages by choosing to opt out and resolve their issues outside the traditional judicial system. One is that the parties control their own destiny. If they opt out by choosing to agree to resolve their issues, then they … Read More

    Categories: Family Law, Article

  • Can I Force My Spouse to Give Back the Ring?

    Can I Force My Spouse to Give Back the Ring?

    Video Transcript:

    Yes you can. However, you aren’t going to be very successful. Unfortunately, when you give a wedding ring it is a gift. There are cases that will talk about a conditional gift. If you have tied the knot, and you both have complied with your agreement then she gets to keep the ring. However, if you give the ring and you don’t get married there are cases that say that the condition of … Read More

    Categories: Family Law, Article

  • Can a Child Choose Which Parent to Live With? Madonna’s Teenage Son Believes He Can

    Can a Child Choose Which Parent to Live With? Madonna’s Teenage Son Believes He Can

    Madonna has dominated the billboard charts, but recently she's dominating the headlines with a custody battle with her ex-husband, Guy Richie, over their teenage son, Rocco Richie. Last summer the "Like a Virgin" singer announced Rocco would join her on the upcoming Rebel Hearts tour. Rocco stayed on the tour for several months but rumors started swirling and gossip websites frequently reported screaming matches … Read More

    Categories: Family Law, Family Law

  • Issues in Gray Divorces

    Issues in Gray Divorces

    The divorce rate in the United States has been dropping during the past 20 years. However, divorce among spouses over 50 years old has doubled since 1990! The surge has spawned the term “gray divorce” for these older divorcing spouses. While many of the issues divorcing seniors face are similar to their younger counterparts, there are unique issues in gray divorces including the availability of Social … Read More

    Categories: Family Law, Article