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COMMUNITY EQUITABLE LIEN ON A SOLE AND SEPARATE BUSINESS

Under Arizona law, generally a business or interest that you have in a business that you acquired or owned prior to the marriage is your sole and separate property and continues to be so even during ...
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CASH FLOW TIGHT? HOW YOU CAN PAY YOUR SPOUSE FOR AN INTEREST IN A BUSINESS

Once a value for the business is established – usually through a business valuation done by a certified business evaluator or expert which we will discuss in more detail in a later blog in this ...
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BENEFITS OF ALTERNATIVE DISPUTE RESOLUTION

You’re In Control: Most people do not enjoy or look forward to going to Court. It is a very stressful situation and the Judge is ultimately in control of making the final decisions. Mediation or ...
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WHAT IS MED-ARB?

Med-Arb is the process of combining mediation and arbitration. If you believe that mediation and arbitration are the best options for solving your dispute, simply retain a mediator and have the ...
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WHAT IS ARBITRATION?

In my blog last week I discussed the process of mediation. What happens if mediation doesn’t work? If the parties cannot come to an agreement on the issues during mediation, the mediator can ...
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WHAT IS MEDIATION?

Mediation is a process for the settlement of disputes outside of trial, the courtroom, and the judge that puts you in control of the outcome. Unlike typical litigation, mediation is aimed at creating ...
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ESTABLISHMENT OF PATERNITY FOR IV-D CHILD SUPPORT

A common reason for a Mother to want to establish the paternity of an uninvolved Father is so that she can receive needed child support. A Court cannot order someone to pay child support unless ...
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DNA TESTING

In last week’s blog- Establishment of Paternity- I discussed scenarios in which DNA testing might be needed in order to dispute or confirm someone’s assertion of paternity. But you might ...
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Establishment of Paternity

If you want to establish any type of Court orders for legal decision-making authority, parenting time, or child support, you will first need to establish the paternity of the Father in the action. ...
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UPDATE ON SAME SEX MARRIAGE AND CHILD CUSTODY

As you may be aware, once the United States Supreme Court legalized marriage for same sex couples in 2015, same sex couples are able to marry and in general terms receive the same protection as ...
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FELONY VS. MISDEMEANOR DUI IN ARIZONA

Facing a misdemeanor DUI charge is serious as reflected in our other blogs this month, but facing an Aggravated DUI charge is much worse -- and the penalties are even more severe and life altering. In ...
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MARIJUANA IN ARIZONA - Separating the Fact from Fiction

With the legalization of marijuana for medical use in a number of states and even recreational use recently in our neighboring states of California and Colorado, use and possession of marijuana has ...
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DANGERS OF DRINKING AND BOATING IN ARIZONA

Many people are aware of Arizona’s “Drink and Drive, Face the Max” campaign against drinking and driving as seen in television advertisements and billboards throughout the state. ...
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A SPRING TRAINING STORY - DON'T LET THIS BE YOU

Spring is in the air and here in Arizona that means hearing the crack of the bat, the thump of the ball hitting the mitt, and the start of spring training baseball. Many people come to Arizona this ...
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Domestic Violence and Legal Decision-Making

Just as an Order of Protection can have implications regarding possession of firearms, so too can this Order have an immediate effect on parenting time and legal decision-making. When granting an ...
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Brady Indicators and the Prohibition on Possession of Firearms Following an Order of Protection Hearing

If you are an avid gun collector or hunter, you need to be especially careful how you handle the situation if you are served with an Order of Protection. If you request a hearing on the Order of ...
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Disputing an Order of Protection

As stated in my previous blog on Orders of Protection, a Defendant served with an Order of Protection is entitled to request one (1) hearing on the Order at any time while the Order is in place ...
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Beneficiary Deeds - MVD Beneficiary

BENEFICIARY DEED –MOTOR VEHICLE DEPARTMENT BENEFICIARY DESIGNATION By: Brian G. Winter, Esq. In the state of Arizona a person can pass on their home or vehicle to a beneficiary without having to ...
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What is Probate?

By: Brian G. Winter, Esq. Probate is the legal process in which a Court administers a person’s legal and financial matters after their death. There are two types of probate estates - testate and ...
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What If I don't have an Estate Plan?

By: Brian G. Winter, Esq. When a person dies and has an estate plan, they have what is called a testate estate. A testate estate is when a person has a Will which sets forth who will be in charge of ...
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Do I Need a Trust?

By: Brian G. Winter, Esq. It is a common misconception that only the very wealthy need a Trust. A Trust is just one of many estate planning tools to consider when preparing an estate plan. Simply put, ...
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