Hiding assets during a divorce is sneaky, unethical and illegal –but it happens much more frequently than most people think. Couples today have complex financial portfolios. Your list might include things like your marital residence, rental and/or vacation properties, bank and brokerage accounts, retirement and pension plans, stock options, restricted stock, deferred compensation, life insurance with cash value, perhaps a …
A RATIONAL APPROACH TO SPOUSAL MAINTENANCE, PART THREE: HOW LONG IS IT PAID? Once it is determined that spousal maintenance will be paid, the duration of the payments, along with the amount paid, must be agreed upon. The duration of the payments is subjective and driven by the facts of the particular case. Once again, the Arizona spousal maintenance statute …
Law schools and the profession have added emphasis on “Alternative Dispute Resolutionâ€. This means ways to settle your dispute or conflict without going to trial. Collaborative practice is one such alternative to having to go to trial. In my work as an attorney, I’ve had the opportunity to work with children as an attorney for children and as a “Court Advisor†who …
Traditional court based divorce is often the most costly way to resolve a dispute,both emotionally and financially. It is common for traditional divorces to begin with a motion for temporary support. The result is a temporary court order rather than a final agreement on the issue. The court based divorce can last for a year or more, is not confidential, …
Despite our best efforts and intentions, life sometimes presents us with difficult and painful circumstances. The effects of divorce are felt by all members of the family, and in some cases can be financially and emotionally devastating. In a conventional divorce, parties rely upon the court system and judges to resolve their disputes. Unfortunately, the parties often come to view …
As with the determination whether spousal maintenance is to be actually paid, if the answer is yes, clear guidance on how much the payment should be finds little aid in the Arizona spousal maintenance statute. Generally, the statute states that the criteria to be taken into consideration in determining how much spousal maintenance is paid are: a) the standard of …
Submitted by: Connie Velander, CDFAâ„¢, Divorce Financial Consultants, LLC, 520-202-7659 I can’t say that “I’ve seen it allâ€, when it comes to financial mistakes and bad decisions that individuals make whilegoing through divorce, but I can warn about some of the most prevalent. If this article reaches only a handful of people going through this legal, emotional and financial life event, it …
No. The dynamic in mediation is entirely different from Collaborative Practice. While collaborative practitioners are trained in meditative techniques, it is very rare that clients in mediation have their advocates in the room with their mediators. Mediators are neutral and typically do not give legal “adviceâ€. The mediator represents neither party, yet the parties are often encouraged to seek legal advice …
The first step, albeit a sometimes inconclusive one, in analyzing whether a party meets the requirements for an award of spousal maintenance is to review Arizona Revised Statute 25-319. This review will find that the standards in Arizona for paying/receiving spousal maintenance are broad and non-specific with respect to each individual case. A summary of the statute discloses that if …
(This article, the first in a series from professionals involved in Collaborative divorce, was written by Edina Strum, a Tucson attorney. She can be reached at 520-790-7337.) Marriage is a deeply personal commitment filled with choices based on individual beliefs and the needs of the family. Yet many couples make their private lives highly public through a litigated divorce, and…
Mediation involves the participants sitting down with a mediator that is neutral and is there to help the participants communicate more effectively in hopes of coming to a mutual understanding. During these meetings, lawyers representing the parties are usually not present. The mediator is also not able to decide anything for the participants, they must ultimately decide themselves whether or …
Once a decision has been made to divorce, most couples really can manage the transition from married to no-longer- married with the assistance and support of well trained professionals. There was a time in every relationship where you and your partner were successful at problem-solving, at compromising, at making decisions together. This was true even if the power dynamic and
