Jaburg Wilk


  • To SPDS or Not to SPDS: Is the Standard Disclosure Form in the Best Interest of Sellers?

    It is a common misconception that a seller's completion of the Arizona Association of Realtor's Seller Property Disclosure Statement ("SPDS") is required by law and will eliminate litigation regarding non-disclosure.  The Arizona Association of Realtor's form residential purchase contract—the most commonly used form purchase contract in the state— requires the seller to complete and deliver a SPDS … Read More

    Categories: Real Estate

  • Does Marijuana Cure Headaches?

    The Arizona Department of Health Services (AZDHS) is considering adding Migraines, Post-Traumatic Stress Disorder (PTSD) and Depression to the list of debilitating conditions that qualify individuals for a Medical Marijuana card. All three medical conditions have been through a review process and the AZDHS will be deciding whether to include them after a public hearing which will … Read More

    Categories: Healthcare, Article

  • What About that Fine Print? Website "Terms of Use" and "Privacy Policy"

    Whether your business has always been internet based or your traditional brick and mortar business has evolved to a click and mortar business, you have a website. It's likely that you know that you need the fine print - "terms of use" and a "privacy policy."   While you have many options when creating these policies, these are the most common approaches:

    Let your web developer deal with it

    Copy and paste … Read More

    Categories: Intellectual Property, Article

  • Is My Domain Name a Trademark?

    This is not only a common legal question but also a great question as the answer is - it depends! 

    A domain name simply is an address on the Internet.  Computers find web addresses by a series of numbers known as an IP address.  To make the process more user friendly, the numbers are matched to words that, hopefully, can be easily remembered.  The best and most valuable domain names are very … Read More

    Categories: Intellectual Property, Article

  • 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

    Categories: Family Law, Article

  • Should You Modify Your Child Support Obligation?

    In order to qualify for modification of your child support obligation, Arizona Revised Statute §25-327 requires changed circumstances that are considered both substantial and ongoing. Typically, from a mathematical point of view, a 15% change is generally regarded as satisfying this requirement - whether an increase or a decrease.

    Typically, child support may be modified when one or more of the following … Read More

    Categories: Family Law, Article

  • How is Child Support Calculated in Arizona?

    In Arizona, child support is calculated pursuant to the Arizona Child Support Guidelines under Arizona Revised Statute §25-320. However, it is the data inserted into the Guideline calculation which will determine the amount of child support to be paid.

    There are a number of variables which will determine the ultimate child support amount. The following factors are typically considered:Income of each party; … Read More

    Categories: Family Law, Article

  • Can I Move Out of State with My Child?

    You are employed at Intel.  They decide to move the R&D facility to Utah and unless you move with your team, you are out of a job. However, your former spouse has a stable job in Tempe and has parenting time with the children one-half of the time and most certainly has no desire to give up his or her parenting time.  It is lose-lose situations like this that make "relocation" cases one of the most … Read More

    Categories: Family Law, Article

  • Should I have a Premarital Agreement?

    A prenuptial agreement is a binding legal document between a prospective husband and wife, which addresses the financial consequences of their marriage ending.

    Technically, all couples who are married already have a "prenuptial agreement" - it is the particular divorce laws of the state. In Arizona, for example, absent a prenuptial agreement, community property principles will apply to all financial aspects of the … Read More

    Categories: Family Law, Article

  • Business Valuation in Divorce Proceedings: Understanding of the Basic Approaches to Value

    In many cases, one of the most contentious and difficult issues in a divorce proceeding is the valuation and distribution of marital property.  When the marital community owns an interest in a business, this process can be complicated and expensive.  Often, the community's interest in the business is the most valuable asset of the marital estate.  Whether you are the "in" or "out" spouse, it is … Read More

    Categories: Family Law, Article