Divorce Marriage

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
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The Marriage Diet

Did you know that marriage can keep you thin? I call it the marriage diet. For if you have a lifestyle clause in your prenuptial or postnuptial agreement, you may have contracted to keep your weight at a certain level,...more

Grey Marriage + Grey Divorce = Financial Elder Abuse?

The phenomenon of “grey divorce”- the term referring to the demographic trend of an increasing divorce rate for older (“grey haired”) couples – has been in the news since 2013, when Bowling Green State University in Ohio...more

2014 New Family Laws

Some years, family law is chock full of new laws both from the courts and from the legislature. But, not this year; 2013 was more of a blip than a bang for family law. Here are some of the highlights of the more interesting...more

Common Law Marriage, Domestic Partners And Cohabitation

With divorce rates continuing to climb, people in committed long-term relationships may shy away from conventional legal marriages for any number of reasons. While people may feel this is their right, the legal status of...more

Popping The Question: How To Propose A Prenuptial Agreement To Your Partner

For those who’ve kept up with the Kardashians, you’re aware that there’s trouble in “Khlodom” (i.e. the marriage between reality-TV star Khloe Kardashian and her basketball playing hubby, Lamar Odom). On Friday, December 13,...more

Beware of Entering into Business with your Spouse

The U.S. Fourth Circuit Court of Appeals, which covers Maryland, recently rendered a tax decision noteworthy to all married couples who participate in their business together. The case, Johnson v. U.S., decided November 5,...more

What is a petition for dissolution of marriage and what does it mean to serve the petition?  [Video]

Phoenix business law firm Jaburg Wilk's family law attorney Jason Castle discusses what a petition for dissolution of marriage is and what it means to serve the petition when going through divorce....more

How Long Will My Divorce Take in Maricopa County?

The length of a divorce proceeding in Maricopa County is dependent on several factors. The first factor is dependent on the spouses. The increased conflict and animosity between spouses, along with attachment to...more

A Quick Reference Guide to Preparing for a Divorce

It’s hard to dismantle and disentangle a shared life. Fear and anxiety about divorce, the legal process and personal transition, frequently keep people in marriages that are abusive, plagued by infidelity, or fraught with...more

After Divorce, Who Decides The Child’s Religion?

Last year, actors Tom Cruise and Katie Holmes divorced after a five-year marriage. The cause of the divorce reportedly centered on the religious upbringing of their daughter. Holmes was raised as a Roman Catholic and...more

Divorce Court Bullying

Bullying, as defined by Wikipedia, is “the use of force or coercion to abuse, intimidate, or to aggressively impose a certain type of domination over others. The behavior is often repeated and habitual.” We have heard about...more

Marriage, Divorce and Your Business

If you own a business, or any asset for that matter, and you intend to marry or divorce, you need to read this. Virginia is not a community property state. But it is an equitable distribution state. What does that...more

Are You (or Your Spouse) Legally Competent to Divorce?

Many people joke that all people getting divorced have temporary diminished capacity because it is during divorce that we often see otherwise confident, smart and successful people engage in foolish behaviors. But, putting...more

Do I Have To Go Through Mediation Before My Divorce?

In New Jersey, mediation is not mandatory in divorce cases. If you decide that mediation is not right for you or if you tried mediation and were not pleased with the results, you have the right to go to court and have your...more

Tax Issues When Dividing Marital Property Pursuant to a Divorce: Part 1

I’ve written before about the emotional roller coaster that can come along when it’s time to divide assets during the divorce process. Today my colleague Jen Green offers the first of several tax rules – and their...more

Life Insurance After Divorce

During marriage, a very typical scenario is for spouses to name each other as the beneficiary to each person’s individual life insurance policy. Once a divorce is commenced, a beneficiary designation cannot be changed until...more

Could You, Would You?

I have seen many people do many things for varying reasons when faced with a hotly contested divorce or child custody matter. Unless you ever confront such a difficult situation, some of the things people do may seem...more

Why Arizona Business Owners Need A Premarital Agreement

Arizona is a community property state which means all property acquired by either spouse during the marriage is, by statute, presumed to be community property. ...more

Tips to an Expensive Divorce

Wikipedia defines reverse psychology as “a technique involving the advocacy of a belief or behavior that is opposite to the one desired, with the expectation that this approach will encourage the subject of the persuasion to...more

Marriage and Capacity: The Mental Competence Needed To Tie (and Untie) the Knot

Roughly half of all marriages in the United States eventually end in divorce. The statistics are even bleaker in California, where the divorce rate hovers at around sixty percent. In light of these odds, getting married in...more

Arizona Bankruptcy or Divorce – Which Comes First?

The number one stress factor cited in a majority of marriages is money. So it should come as no surprise that many divorces are either preceded by a bankruptcy or that one follows soon thereafter....more

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. ...more

Can I appeal my divorce case? [Video]

Kathi Sandweiss, an Appellate attorney at Phoenix Arizona's Business Law Firm Jaburg & Wilk, P.C. talks about appealing a divorce decree . She also talks about kinds of things that are typically appealed in divorce such as...more

Arguing over Money Leads to Divorce: 4 Common Misconceptions about Money & Marriage

It’s official. According to Sonya Britt, a Kansas State University researcher, arguing about money early in a relationship is the top predictor of divorce. And if money disagreements lead a couple to divorce court, most...more

Tips to Protect Your Privacy When Separating – Part 1

For most folks the decision to separate is hard, and the reality of what separation means can be harder. One of the most important aspects of separating is privacy. Whether you stay in the marital home or get your own new...more

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