Jaburg Wilk

News/Publications

  • Use of a Jointly Engaged Valuation Expert in a Divorce: How to Make the Process Work

    In recent years it has become more common for divorcing spouses to agree to jointly engage one expert to value the marital interest in a business or professional practice.  While choosing one expert is not suitable for all situations, the potential benefits of using one expert include saving time in the process, reducing the cost of the valuation and increasing the possibility of negotiating a resolution … Read More

    Categories: Family Law, Article

  • Does It Matter Who Files First in a Divorce Proceeding?

    As far as the outcome is concerned, it should make no difference which party chooses to file the petition for divorce.  However, one of the parties is able to control the process, the person filing (known as the Petitioner) is ultimately able to control the initial portion of their dissolution case.

    Advantages of Being the Petitioner

    Firstly, at any proceeding before the court, the Petitioner has the first … Read More

    Categories: Family Law, Article

  • Can I Handle My Own Divorce Without a Lawyer?

    The simple answer is yes. The better question is whether or not it is advisable to handle your own divorce.  In short, the answer is no - it is not advisable.

    If your case involves any of the items listed below, it is highly recommended that you retain (or at least consult) competent counsel:

    Business Valuation

    Legal Decision Making issues (custody)

    Parenting Time

    Spousal Maintenance

    Child Support … Read More

    Categories: Family Law, Article

  • How do I know if an asset is really my sole and separate property?

    In the State of Arizona, any and all property is presumed to be community property. However, property is characterized at the time of its acquisition and therefore, if you owned property prior to your marriage, it is and remains your separate property – unless you gifted same to your spouse, entered an agreement to transfer same to your spouse, or commingled same with property of your spouse AND it is … Read More

    Categories: Family Law, Article

  • How long will it take for my divorce to be final?

    The amount of time it takes for a divorce to be finalized is different in everyone's case and is driven by a variety of factors. 

    One of the most important factors is whether other professionals need to be brought into the case such as custody evaluators or business appraisers. This will take more time, as they play an important role in helping to provide information necessary to either settle the case or … Read More

    Categories: Family Law

  • Financial Issues in Divorce - Dissipation or "Waste" Claims

    In Arizona, it is not uncommon for a spouse in a dissolution proceeding to assert a "waste" claim against the other spouse.  The term "waste" does not appear in the Arizona statutes that define community property or relate to the dissolution of marriage. 

    The concept generally derives from the fact that both spouses in a marriage have a fiduciary relationship to each other that extends to the community … Read More

    Categories: Family Law, Article

  • How to Prepare for Mediation

    Mediation is a voluntary process in which the parties jointly select a neutral third party facilitator to help reach resolution of all or some of the issues in their divorce proceeding. 

    Mediation as we prefer to conduct it involves the lawyers at all times, including all meetings between the clients and the mediator. The mediator is a private person who is engaged and will typically be compensated based on … Read More

    Categories: Family Law, Article

  • What Are Requests For Admission And How Can They Help My Divorce Case?

    Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish facts and limit the amount of unresolved issues for trial. Any party to a divorce action has the right to serve on a written Request for Admission on the other party. For example, such a request … Read More

    Categories: Family Law, Family Law, Article

  • Top Tips About Binding Arbitration Clauses

    When faced with a contract dispute, parties frequently hire attorneys and use the court system to resolve their dispute.  However, there is an alternative dispute mechanism - Binding Arbitration - which is available to resolve disputes if the parties have already agreed to use that method of dispute resolution.  In boilerplate contract language, binding arbitration provisions may exist.  Such … Read More

    Categories: Real Estate, Article

  • Letter of Intent

    In a typical residential sales transaction, the first formal document usually exchanged is an offer, usually by the buyer to the seller. The seller then either accepts or submits a counter-offer, and back and forth it goes until one side either accepts the other's counter-offer or calls off the negotiations. Upon the acceptance being communicated the two sides have successfully entered into a legally binding … Read More

    Categories: Real Estate, Article