Family Law

default divorce Servicemembers Civil Relief Act (SCRA).

Safeguards for Deployed Military from Default Divorce Orders

How does a deployed military member stop a default divorce from being filed? Military members, like everyone else, only have 21 days to respond to a divorce complaint. But, unlike civilians, a military divorce or custody action can be stayed by the Servicemembers Civil Relief Act (SCRA). SCRA provides protections to deployed military members. SCRA can protect from much more

Read More »
division business interests

Dividing Business Interests to Make Final Decree of Divorce Final

For family law attorneys representing parties in a divorce, entry of the Final Decree usually signifies the end of the case. While there might be some loose ends to tie up after entry of the decree, such as property exchange and account disbursement, most of these actions (assuming everyone complies with the Decree) do not require the attorneys’ continued involvement.

Read More »
hidden assets

Hidden Assets In Divorce

One of the biggest issues in divorce is the division of community property. Since each spouse typically receives a percentage of the total value of their community property, often a spouse may try to hide assets in an attempt to exclude them from the division. The discovery process can be further complicated when the divorce has been planned for a

Read More »
Separate Property Business

How a Separate Property Business is Divided in a Divorce

During divorce proceedings, each spouse’s separate property is confirmed to belong to them and them alone. Property that is determined to be community property is divided evenly between the spouses. What about property that is both separate and community? For example, a business owned before the marriage, that has increased in value since the marriage. When this happens, the community

Read More »
marital insurance

Insure the Love! Why Marital Insurance is Better than a Good Divorce

Marital Insurance? Who sells that? How much are the premiums? How much coverage do you need? Of course, I cannot insure that you stay married, or that you have a long and prosperous life together. You can in fact, make sure that you have an exit strategy with full disclosure and thoughtful conversations about what happens if the marriage ends.

Read More »
adult adoption

Ohio Law Permits Adult Adoption

There are several reasons why an adult adoption may be undertaken. The most common reason is to formally and legally recognize an existing parent/child relationship. Among the benefits of a formal adoption is the ability of the adopted person to inherit from the adoptive parent. An adult adoption also may be used to provide protection for a person of diminished

Read More »
guardian ad litem

A Child’s Voice: The Role Of The Guardian Ad Litem In Family Law Proceedings

In cases where the parents are unable to reach an agreement, courts are faced with the daunting task of determining parental responsibility, a parenting plan and a time-sharing schedule. In establishing or modifying parenting and time-sharing plans, courts must consider the best interests of the minor child “by evaluating all factors affecting the welfare and interests of the particular minor

Read More »
trial presentation in family law

Strategies For More Effective Trial Presentations In Family Law Proceedings

On Sept. 21, 2018, the executive council of the family law section of the State Bar, past and present family law judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College. The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years

Read More »
Carolyn Family Law

Collaborative Family Law Process: A Peaceful Solution

Is peaceful divorce an oxymoron? Not anymore. As a recovering family law litigator, I have handled hundreds of family law cases. I have come to believe that so much of understanding and achieving my clients’ goals involves assessing probable outcomes and anticipating and responding to the psychodynamics of the spouses; i.e., how the parties relate, use control, intimidation, and other

Read More »
therapy

New Limits On Court Ordered Therapy In Arizona

The cultural creep toward Arizona family law judges making parenting decisions has been altered with two recent decisions by the Arizona Court of Appeals – Nicaise v. Sundaram and Paid E v. Courtney F. More than 25 years ago it was established that court-appointed psychologists who were performing custody evaluations enjoyed immunity. While extending this immunity, the court articulated that

Read More »
default divorce Servicemembers Civil Relief Act (SCRA).

Safeguards for Deployed Military from Default Divorce Orders

How does a deployed military member stop a default divorce from being filed? Military members, like everyone else, only have 21 days to respond to a divorce complaint. But, unlike civilians, a military divorce or custody action can be stayed by the Servicemembers Civil Relief Act (SCRA). SCRA provides protections to deployed military members. SCRA can protect from much more

Read More »
division business interests

Dividing Business Interests to Make Final Decree of Divorce Final

For family law attorneys representing parties in a divorce, entry of the Final Decree usually signifies the end of the case. While there might be some loose ends to tie up after entry of the decree, such as property exchange and account disbursement, most of these actions (assuming everyone complies with the Decree) do not require the attorneys’ continued involvement.

Read More »
hidden assets

Hidden Assets In Divorce

One of the biggest issues in divorce is the division of community property. Since each spouse typically receives a percentage of the total value of their community property, often a spouse may try to hide assets in an attempt to exclude them from the division. The discovery process can be further complicated when the divorce has been planned for a

Read More »
Separate Property Business

How a Separate Property Business is Divided in a Divorce

During divorce proceedings, each spouse’s separate property is confirmed to belong to them and them alone. Property that is determined to be community property is divided evenly between the spouses. What about property that is both separate and community? For example, a business owned before the marriage, that has increased in value since the marriage. When this happens, the community

Read More »
marital insurance

Insure the Love! Why Marital Insurance is Better than a Good Divorce

Marital Insurance? Who sells that? How much are the premiums? How much coverage do you need? Of course, I cannot insure that you stay married, or that you have a long and prosperous life together. You can in fact, make sure that you have an exit strategy with full disclosure and thoughtful conversations about what happens if the marriage ends.

Read More »
adult adoption

Ohio Law Permits Adult Adoption

There are several reasons why an adult adoption may be undertaken. The most common reason is to formally and legally recognize an existing parent/child relationship. Among the benefits of a formal adoption is the ability of the adopted person to inherit from the adoptive parent. An adult adoption also may be used to provide protection for a person of diminished

Read More »
guardian ad litem

A Child’s Voice: The Role Of The Guardian Ad Litem In Family Law Proceedings

In cases where the parents are unable to reach an agreement, courts are faced with the daunting task of determining parental responsibility, a parenting plan and a time-sharing schedule. In establishing or modifying parenting and time-sharing plans, courts must consider the best interests of the minor child “by evaluating all factors affecting the welfare and interests of the particular minor

Read More »
trial presentation in family law

Strategies For More Effective Trial Presentations In Family Law Proceedings

On Sept. 21, 2018, the executive council of the family law section of the State Bar, past and present family law judges, as well as experienced practitioners, gave 24 participants the opportunity to hone their skills in the Family Law Trial College. The suggestions, thoughts, and ideas that were discussed benefit any Arizona family law attorney, regardless of their years

Read More »
Carolyn Family Law

Collaborative Family Law Process: A Peaceful Solution

Is peaceful divorce an oxymoron? Not anymore. As a recovering family law litigator, I have handled hundreds of family law cases. I have come to believe that so much of understanding and achieving my clients’ goals involves assessing probable outcomes and anticipating and responding to the psychodynamics of the spouses; i.e., how the parties relate, use control, intimidation, and other

Read More »
therapy

New Limits On Court Ordered Therapy In Arizona

The cultural creep toward Arizona family law judges making parenting decisions has been altered with two recent decisions by the Arizona Court of Appeals – Nicaise v. Sundaram and Paid E v. Courtney F. More than 25 years ago it was established that court-appointed psychologists who were performing custody evaluations enjoyed immunity. While extending this immunity, the court articulated that

Read More »

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