Relocation – Mission Impossible?
On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve on the panel. The 2015 edition was no exception.
The topic selected for 2015 was relocation under Arizona Revised Statutes Section 25-408, and given the reluctance of judges to permit … Read More
Is There a Presumption in Favor of Equal Parenting Time?
By Mervyn T. Braude
A.R.S. §25-103 provides as follows:
25-103. Purposes of title; application of title
A. It is declared that the public policy of this state and the general purposes of this title are:
To promote strong families;
To promote strong family values.
B. It also is the declared public policy of this state and the general purpose of this title that absent evidence to the … Read More
Frequently Asked Questions: Attorneys’ Fees and Costs in Divorce Cases
I don't want the divorce; why should I have to pay for it?
We all have expenses for things that we do not anticipate. We do not intend to get sick or hurt; however, if we need medical attention, we are required to pay the medical bills. If you are involved in a divorce and elect to be represented by counsel, you are expected to pay for those legal services even if you have no desire to be divorced.
Why do … Read More
Why is my Divorce Lawyer Friendly with the Opposing Lawyer?
You may be surprised that most divorce lawyers in Phoenix get along rather well. Many times clients have a difficult time understanding that two lawyers, with diametrically opposed positions and clients, can have a good laugh or conduct themselves in a professional manner. In spite of what you may hear, it is usually to your benefit when both lawyers are civil with one another. Stipulations, … Read More
What Should I Bring to My First Meeting With My Divorce Lawyer?
How can I make the most of my first meeting with my lawyer?
Be prepared and organized. Bring basic information such as a simple statement of assets and liabilities, tax returns for the past three years and it is recommend that clients bring notes with bullet point topics they would like to discuss and questions they seek to have answered.
Should I bring all of my records to the first meeting?
No. In the … Read More
Categories: Family Law
Jason Castle Named Pro Bono Attorney of the Month
PHOENIX, Ariz. (Feb. 5, 2015) – Jason B. Castle, a partner at Jaburg Wilk has been named Outstanding Pro Bono Attorney of the Month by the Volunteer Lawyers Program.
The Volunteer Lawyers Program is a joint project of Community Legal Services Inc. and the Maricopa County Bar Association. This program consists of lawyers who volunteer their time to provide legal assistance to low-income Maricopa County … Read More
Guidelines to Dealing with Children During Your Divorce
Divorce is not just stressful on the parents, but can also create a great deal of uncertainty and confusion in your children. The behavior of parents before and after divorce has a critical impact on the emotional adjustment of their children. The following guidelines should be helpful:
Put your children's welfare first. Never use your children as a weapon against your spouse.
Be sure your … Read More
Frequently Forgotten Divorce Asset
Loss carry-forward is a frequently forgotten asset in divorces. Whether the loss arises from the operation of a business (Net Operating Loss) or sale of stocks (capital loss), it is a valuable asset which may be used to offset either future income or capital gains.
Currently, the Internal Revenue Code restricts claiming capital losses in excess of capital gains up to $3,000. However, since losses can be … Read More
Categories: Family Law
How Does Debt Work in a Divorce?
Divorce includes the division of assets and debts. Frequently, it is easier to divide assets than to divide debts. Both credit (including store) cards and mortgages present unique problems when divorcing.
Creditors, such as banks and lending institutions, are not bound by the terms and conditions of a divorce decree and property settlement agreement. The third party lender considers both borrowers to be … Read More
In a Divorce, What is an Affidavit of Financial Information and why does it Matter?
An Affidavit of Financial Information ("AFI") is a family court-approved form that is utilized in divorce cases for a number of purposes primarily where child support, spousal maintenance and/or attorney fees are at issue.
The AFI is provided under oath and is intended to inform the family court of a party's overall financial situation including both income and expenses in order to provide the family … Read More