If you are a victim of domestic violence, knowing the most dangerous time of your relationship or situation may mean the difference between life and death. So, when is the most dangerous time when getting divorced when your spouse has committed domestic violence? The reason we are so concerned about this as attorneys is sometimes the most dangerous time is when you have either contacted us or you are thinking about contacting a divorce attorney. You should use the utmost caution because the most dangerous time for a person experiencing domestic violence during a divorce can often be when their ..read more

We hope that you’re surviving another workweek before the Thanksgiving rush! The holidays are often difficult for families involved in divorce or separation. If this is your first such holiday season you may have a range of emotions and encounter a myriad of parenting time issues. Here are some ideas on how to navigate family dynamics during the holidays: be organized, be flexible and be calm. Be Organized. Before the holidays, have a written plan of the parenting time and exchanges. The more specific you make your plan, the more problems you can avoid. For example, instead of a parenting ..read more

We have met many many domestic violence victims in our practice over the years. Every story is a bit different but they all ring true in some ways. The person who has suffered has a difficult time breaking free from the abuser. Counseling is often a very important factor in helping someone going through a divorce or thinking about a divorce from an abuser. We, as attorneys, can navigate the legal issues but the emotional side is better handled by a professional who understands domestic violence and the cycle. Another truism: the victim thinks the abuser will change and that the victim can help ..read more

Q: Does it matter who files for divorce first? A: Technically no but there is an advantage to being the first to file, in my opinion. Whoever files first, gets the courthouse nearest your address or your attorney’s address (if you have one). Also, if there is a hearing, you get to put your evidence on first. That could be an advantage. Q: What is a contested divorce? A: A divorce where the parties are not in agreement for how to divide the property or share the children. That does not mean that all is lost, the parties can still go to mediation to help resolve the issues they cannot ..read more

I read that Tom and Gisele had a prenuptial agreement usually called a “prenup.” So when they filed their divorce papers and were divorced in a day, it is no wonder everything was probably already decided before they began. Let me explain. First, I do not know Tom or Gisele nor do I know if they had a prenup nor do I practice law in Florida. But this seems like a good time to talk about prenups. What is an Arizona prenup? A prenup is a written agreement between spouses about how to divide assets in the event of a divorce. Sometimes people have negative ideas about ..read more

Can my child tell the judge? I want my child to talk to the court. I want the judge to hear what my child has to say. My son wants to talk to the judge. We have heard this request many many times and the answer is almost always: no. In rare rare circumstances a Judge might want to interview a child but I have never had it happen. Why not? Because children do not belong in the middle of your divorce. And there are a multitude of other people who can speak on behalf of your child such as therapists, counselors, their school, doctors, and other professionals. Occasionally a gu ..read more

Tom Brady and Gisele Bunchen did it right. I don’t know either of them nor do I even know anyone connected to their divorce. And I don’t know Florida divorce law. But I can share with you several insights that are worth noting. If you are going through a divorce, get out your notepad. First, do things privately. Very privately. In Arizona we can do similar to what they did but there is still a 60 day cooling off period. But you can get your ducks in a row and get it done in private. Second, they hired attorneys. Even the GOAT Tom Brady doesn’t know all about divorce law. Unless you p ..read more

I don’t know Tom Brady or Gisele Bundchen nor have I ever talked with anyone who knows them. But as a divorce attorney, I have some advice for anyone going through a divorce, especially when children are involved. It is a difficult process but here are some tips to make it go the best it can. You know the old saying: make the best of a bad situation. First, hire a very experienced family law trial attorney who will help your family. Do not hire an angry lawyer who wants to throw gas on the fire. The paradox is that the more fighting in a family law case, the more money the attor ..read more

The short answer is yes. This might seem like a weird blog to write but I am writing it because of what happened last week. We got a call from a mother who just received a very negative trial result and she consulted us. There were many things about her case that we would have done differently but it was all too late. The mother had feared that her attorney didn’t have the trial experience or the trial preparation she would have wanted but now it was all too late. There are options post trial but they are limited. I am not talking about second guessing other attorneys. I am not talki ..read more

It could be said that choosing a good divorce lawyer is a bit like choosing a good date. Do they listen? Are they nice? Do they know what they are talking about? Do they brag and only talk about themselves? Do they care about you and your family? See how that goes? It really seems similar doesn’t it? People probably have also told you to listen to your instincts. One of the important feelings you should get from talking to your attorney or your prospective attorney is this:  you may not remember everything they said but you will remember how they made you feel. Your attorne ..read more