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
Sexual Materials and Divorce
The world of divorce can be a messy and scary place. One area that is problematic is when a couple, during happier times, engaged in filming or photographing nude or sexual acts, which were done merely to illustrate the couples love for one another. However, once the love is gone and a divorce is pending, possession and ownership of the materials can become a nasty fight.
I recently read an article in … Read More
Do I Have to Appear in Court or Testify in My Divorce Case?
It is not essential that you ever appear in Court (or before a Judge) in your divorce case. In the vast majority of cases, the parties never appear in court for any hearings or a trial on the merits.
Maricopa County cases typically require a simple status conference - known as a Resolution Management Conference ("RMC"). This is merely an opportunity for the Court to become familiar with your case and … Read More