WHAT TO EXPECT FROM A LEGAL CONSULTATION AT OUR OFFICE

When you come in for an initial conference at the Law Office of Gary J. Frank P.C., what you get is a comprehensive legal consultation with an experienced and caring attorney — not a sales pitch, like you get from some lawyers. In your initial consultation, you will meet with one or more of our firm’s attorneys, Gary Frank, Hanna Amar, and Logan Matura. We’ll give you a solid understanding of your legal rights and how the court system works – and at the end of the meeting we will give you a “game-plan,” so that you will know what you must do to reach your goals.

Unlike most firms, we do not limit our initial consultation to one hour. Instead, we will sit with you for as long as it takes to provide the information you need. We’ll start by having you tell us about your situation, your concerns, and your goals. We’ll ask many questions so we can learn about the facts of your matter, your family history, and your current problems. And we’ll patiently listen to you and answer your questions. The topics discussed will include the following:

• We will talk to you about the law pertaining to your case;

• We will explain your legal rights;

• We will discuss how the court process works, how long it takes, what documents must be filed; what information must be disclosed; what hearings are held, and how the judge views a dispute like yours;

• Then we will discuss Mediation and other options for peaceful resolution of your dispute, such as Conciliation Services, Court-Ordered Settlement Conferences, or Direct Negotiations between the parties and their attorneys; as well as other healthy alternatives.

• We will talk to you about the cost of litigation, and we’ll give you a range of what your legal fees might be;

• And at the end of the consultation we’ll give you a “Game Plan” so that when you walk out of the meeting, you’ll have an understanding of what must be done, and the steps that you can take to reach your goals.

An initial conference with an attorney is a critical step in the process of finding a solution to your problem. This is where you begin, for the first time, to put together a “road map” of where you want to go and how to get there. By the time you leave our office after your first consultation, you should have a much better understanding of your legal rights; how the court process works; what your options are; and what you will need to do to reach your goals and resolve your problem. Gary, Hanna, and Logan are strong, compassionate, and experienced attorneys who care about their clients and work hard to find solutions to difficult problems. Countless people have walked into our office timid and afraid, and left armed with knowledge and a sense of renewed confidence.

If you are in need of a legal consultation regarding a divorce, custody, grandparent or third-party rights, or other family law matter, please feel free to check out our web site at garyfranklaw.com, or give us a call at 602-383-3610. We’d be happy to speak with you.

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At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

How to Begin the Divorce Process

Deciding to get a divorce can be a very difficult (yet necessary) decision to make. For many, trying to navigate the divorce process and figure out next steps can be extremely stressful and overwhelming. Hopefully this will break it all down for you:

In Arizona, the first thing that needs to be filed with the court in the divorce process is the Petition for Dissolution of Marriage (aka Petition for Divorce). Either spouse can file this Petition. The petition will include various information, including the names of the parties and the children, and what you are seeking in the divorce, such as custody (now called legal decision making authority and parenting time), child support, spousal support, division of property and debts, a request for attorney’s fees, etc., and why you are seeking a divorce. Regarding the “why” aspect, Arizona is a “no-fault” jurisdiction, which means that all that needs to be claimed is that the marriage is “irretrievably broken” and there is “no reasonable prospect of reconciliation.” Neither party needs to prove that the other is the cause of the breakup, unless the marriage was a “Covenant Marriage” (which is extremely rare and requires the parties to have agreed to that type of marriage in writing).

There are additional documents that are required to be filed with the Petition as well, including: a Summons, Preliminary Injunction, Notice Regarding Creditors, Notice Regarding Health Insurance, and an Order for Parent Information Class (if children are involved). The Petition must comply with all relevant state laws and court rules, so make sure to do your research before filing. A filing fee will also need to be paid to the court at the time of filing.

After one spouse has filed their Petition with the court, the divorce papers will need to be served on the non-filing spouse within 120 calendar days. This can be done by a Process Server, or by execution of an Acceptance of Service, which must be signed by the party receiving the Petition, and filed with the court. From the time the non-filing spouse (referred to as the “Respondent”) is served, they will have 20 calendar days to file a Response to the Petition if they live in Arizona. If the non-filing spouse lives out of state, they will have 30 calendar days to respond. Failure to file a Response within the applicable time period can lead to the divorce being obtained by Default.

The first hearing that is usually set in a divorce case following service of the Petition is a Resolution Management Conference (RMC). This hearing is basically what we like to refer to as a “meet and greet” with the judge, and the purpose is to explore ways to resolve the dispute and move the case along. The parties are required to confer prior to the date of the RMC and discuss what, if anything, they may be able to agree on. Then, during this short Resolution Management Conference, the parties will get to meet the judge and let her or him know if any agreements have been made. If no agreements have been made, the judge will see what can be done to allow the parties to reach a settlement (for example, they may order that the parties participate in mediation or a settlement conference). They may also set a temporary hearing or deadlines for disclosure of financial or other information. If it appears to the judge that the parties have already negotiated thoroughly and are unable to agree, they may just set the case for trial.

We recommend obtaining a legal consultation with an attorney prior to filing a divorce petition, in order for you to learn about your legal rights and determine your options and the best course of action.

by Logan Matura

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

The A-B-C’s of Divorce

Divorce can be stressful and confusing. It’s always good to have a plan. So to assure that your divorce goes smoothly, follow these steps – from A to Z. 

A – Ask questions – If you have a question for your attorney, ask it! Asking questions can help you to stay informed and ease any anxiety you may have.

B – Be smart – Think about everything you do and say before you do it, or say it. You should always assume your ex (or soon-to-be-ex) is recording your phone conversations and taking screen shots of your texts, emails, and posts on social media, and that the judge will eventually see them.

C – Create a checklist of things you need to do – After you make the decision to get a divorce, start keeping a list of things you need to do (get any documents together, speak with an attorney, etc.) It will keep you well-organized and prevent you from forgetting something important.

D – Don’t get caught up in your feelings – Try not to make decisions based on your emotions throughout this process. Wait until the storm has passed and you can think more clearly. That’s not to say you can’t have feelings and emotions—you can, and you should. Allow yourself to feel however you are feeling, but don’t act in the heat of the moment; you’ll certainly regret it later.

E – Every case is different – You may have one friend who is telling you how quick and easy her divorce was, while your other friend went through a divorce that took years and was extremely high conflict. Don’t compare yourself to others. Every case is truly so different!

F – Focus on the moment – Take things one step at a time. Thinking about the past and dwelling on things you both could have done differently will not help, nor will thinking about the future and worrying about how things will change. Live in the moment and take it day by day.

G – Get your documents organized – Organize everything! Get copies of any tax and income documents, bank and credit card statements, signed contracts, real estate documents, insurance policies, documents related to investments or retirement accounts, estate planning documents, etc. Getting things together now will save you lots of time, energy, and money in the future!

H – Have reasonable expectations – Try and remember that sometimes things are not as quick and easy as you’d like. Be patient and understand that the divorce process can be long and often exhausting. Try to manage your expectations and be as realistic as possible. If you’re not sure what to expect, talk to your attorney.

I – Identify what makes you happy – Focus on what makes you happy during this difficult time of your life. Find a new hobby, spend time with friends, practice self-care, etc. Do whatever you have to do to feel good!

J – Journal – Keeping a journal is probably one of the best decisions you could make throughout this process. In this journal, jot down all events involving custody and visitation, any conversations you might have had with your soon to be ex, etc. You don’t have to include too many details—just keep it accurate and to the point. That journal could later refresh your memory when the trial rolls around, and you might be able to use it in court to prove that something happened on a certain date.

K – Keep the other parent informed – If you have children, make sure you are keeping the other parent in the loop. Let them know if the child is sick and you made a doctor’s appointment; or of any upcoming school events, conferences, breaks, etc. Send them copies of any report cards, doctor’s notes, and anything else you think they might want to see. Having a good co-parenting relationship with your ex will help your children tremendously in the future.

L – List out your property – On top of compiling lots of documents, it will be super helpful for you to make a list of all your property, such as furniture, vehicles, and other personal items. Be sure to differentiate between property you came into the marriage with, property you got during the marriage, and property you received by gift or inheritance.

M – Manage your stress and anxiety – Try and deal with any stress or anxiety you may have in a positive way. Don’t look to drugs or alcohol, that will certainly not help you in the long term. Getting outside, exercising, eating right, meditating, and practicing self-care are all really great ways to manage your stress and anxiety. It’s also never a bad idea to speak with a licensed therapist; they can teach you techniques to manage your stress and help you talk through your feelings in a really positive way.

N – Never share with others what you have discussed with your attorney – Conversations you have with your attorney and their staff are protected by attorney-client privilege. Once you share what was discussed in your conversation with others, that conversation is no longer privileged and confidential, and you or your attorney could be forced to disclose it in court.

O – Oaths are taken seriously by the court – When you sign court documents, speak in a deposition, or speak in court, you are doing so under oath. Any discrepancies in your stories will lead to a loss of trust by the judge and ultimately can subject you to perjury. Just tell the truth and you will not have to worry!

P – Pace yourself – Divorces can take quite a while to be finalized. Be patient and don’t rush it!

Q – Qualifications are important, but so is how an attorney makes you feel – When you are looking for an attorney, don’t just look at their credentials. While credentials and experience are extremely important, so is how you “click” with your attorney. An attorney should make you feel comfortable and heard.

R – Refrain from speaking negatively in public about your ex – This is truly one of the most important pieces of advice I could give to someone go through divorce. Do not speak negatively about your ex to others, do not speak negatively about them to their friends or family, and most certainly do not post about them on social media!!! This is especially true if you have children. It will not do you any good to badmouth your ex, and it could hurt your court case.

S – Substantiate your claims – Document everything! Organize documents you already have and keep any documents you get throughout this entire process. On top of important documents like tax returns and bank statements, keep other documents like photos, copies of emails, and copies of text messages. These may all be helpful throughout your case.

T – Talk about alternatives to litigation – We believe it is never a bad idea to look to alternatives to litigation, such as mediation, whenever possible. Mediation can be a really peaceful, cost-effective option for both parties. It allows you to be in charge of negotiating the terms of your own divorce and property division, rather than leaving those important decisions to a stranger (the judge).

U – Understand the law and your rights – While it is important to trust that your attorney has a good understanding of the law and your rights, it’s also very important for you to have a basic understanding of those things, too. Having a genuine understanding of the law will help you to make the best decisions possible for you and your family. Take the time to do some research, read some books, and most importantly, ask lots of questions of your attorney.

V – Value the advice you are given – Those who truly value and consider the advice they are given by their attorney are those that are most successful. With that being said, ultimately only you know what’s best for you! Don’t be afraid to talk to your attorney if you are uncomfortable about the case plan.

W – Work hard to keep the peace – It can absolutely be difficult at times to deal with an ex without losing your cool. However, the more you keep the peace, the easier and quicker the process will be! (P.S. – Compromise is a good thing, but that doesn’t mean giving-in to unreasonable demands.)

X – Xpect some stress – Okay, I know this doesn’t actually start with an “x” but it’s close enough! Throughout the process, you can expect that there will be some stress. You will likely feel overwhelmed at times. If you don’t feel like you can deal with the stress on your own, look to a licensed counselor to help you get through it, and lean on family and friends as a source of support.

Y – You do have some control over the outcome – While ultimately there are some parts of divorce that you do not have control over, there are some parts that you do. Make wise decisions, and when in doubt, ask your attorney for advice before you act.

Z – ZZZ (Get some rest!) – Ok, “z” is a hard letter to come up with something for! But really, get those “ZZZs” and make sure you sleep well. Being well rested will help you mentally, physically, and emotionally.

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

HOW TO PREPARE CHILDREN FOR A DIVORCE

Each year, over 1 million American children are affected by their parents’ divorce. How each child reacts depends on many factors, including their age, personality, and of course, the circumstances surrounding the divorce or separation. Many times, the initial reaction of children is one of shock, sadness, frustration, anger, or worry. However, with enough planning, you can handle your divorce in a way that doesn’t have to feel like your kids’ world is crashing down on them. If dealt with appropriately, many kids can come out of divorce mentally stronger and better able to cope with stress.

Here are some tips to prepare your children for divorce and ease the transition:

Preparing to Deliver the News

When figuring out how to deliver the news to your children, make sure that you and your spouse are on the same page about how you will tell them what’s happening. It would be a good idea for you and your spouse to do some sort of “dress rehearsal” to prepare exactly what you are going to say ahead of time. Even if you feel like you can barely be in the same room as your spouse, it’s important to at least present a united front to prevent your kids from feeling like they are being pulled into taking sides. Children do significantly better with the news of divorce when their parents are positive and aligned.

Breaking the News

              Make sure that when you deliver the news to your children, you are doing it at a time when stress is low and nobody has plans for at least a few hours, that way they have a little bit of time to work through their initial reaction. Making this announcement and then sending the kids to school, for example, might make it very difficult for them to focus.

Additionally, this conversation should ideally take place in a quiet, safe space—perhaps their backyard, living room, or any other space that is comfortable and free of distractions. If your children have electronic devices with them, make a rule for everyone to put their devices away during the conversation.

What specific words and phrases you decide to use during the conversation will, of course, depend on the child’s age, maturity, and temperament. However, the discussion should always include this message: what happened is between mother and father and is in no way the child’s fault. The reason for this is that many children will feel that they’re to blame even after parents have said that they are not, so it’s important to keep reiterating this message. Make sure that your child knows that your decision is strictly about adults needing to be apart due to differences.

While you are obviously going to need to discuss what will be changing in your children’s lives and daily routine, it is equally as important to focus on what will stay the same. Divorce can be extremely destabilizing, so telling your children what will not change may provide them with some comfort.

Handling their Reactions

Every child will react to this news in their own way. Some children react very strongly initially and then slowly begin to adjust and accept it, while others seemingly take the news in stride and then exhibit signs of distress days, weeks, or even months later. Either way, these are normal reactions—they are grieving the loss of a family. Remind them that it’s perfectly okay to feel however they are feeling and that you are there to help them through the transition. And if you aren’t sure how your child is feeling about the divorce, just ask them.

As children continue to react, they will likely have many questions, including where they will live, where each parent will live, where they will go to school, if they’ll still get to see their friends, etc. Be as honest as you can, even when it isn’t easy. If you don’t have an answer to something, tell your child that you will let them know as soon as you figure it out.

Helping Kids Cope and Adjust to their New Normal

As time goes on, children will begin to adjust to their new life with divorced parents. This can be difficult at first, however, there are a few things you can do to help them better adjust:

  • Stay consistent. Whenever possible, minimize unpredictable schedules, transitions, or changes. Consistency and routine can go a long way toward providing comfort and familiarity for children. Don’t try to make your children feel better by relaxing limits, letting them act out, or buying them things. This can backfire, possibly making your children more insecure and less likely to recognize your parental authority later.
  • Encourage communication. Tell your child that it’s okay to talk about their feelings and ask questions, but don’t push them. Let your child vocalize how they are feeling if they want to. If your child doesn’t want to talk about the divorce, don’t try to engage in a conversation about it—they may not be ready yet. Let them know that you are available if and when they are ready to talk about it. Do your best to co-parent with your soon-to-be “ex.” Parents need to communicate and consult each other on major decisions, so that the children know that their parents are on the same page. Let them know that both of their parents love them and are looking out for their best interests.
  • Have a therapist on call. Before you even announce your split to your kids, it might be a good idea to line up a therapist. Providing children with a neutral place to express their feelings can help them process some of the big emotions they’re going through. It’s good to have your child start with a therapist before they start showing signs of behavioral changes.
  • Don’t fight in front of the children. Studies have shown that post-divorce conflict in front of the children can lead to mental health issues down the line. Openly arguing in front of the kids can make them feel like they are stuck in the middle—something that no child should ever feel. Additionally, this conflict can set a really bad example for them, especially when they are still learning how to form their own relationships. Whether you and your ex decide to go to mediation, therapy, or just argue outside of the children’s earshot, do whatever you have to do to keep the kids out of it.
  • Don’t talk poorly about one another. This can be a tough one but try your best not to lay blame on your partner to your children, even if there has been serious hostility or infidelity. This will just lead to your children feeling like they have to pick a side, which, again, is something that no child should ever feel. If you can, make a pact with your ex to not ever talk poorly about each other in front of the child.

Ultimately, changes of any kind are hard for kids. Stay patient, stay consistent, and know that you and your children will get through

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

Conflict in Front of the Kids: Why Not to Do It and How to Avoid It

We recently posted an article on our social media about Parental Alienation and its harmful effect on children. But recent child development research shows that even experiencing lower levels of parental conflict can lead to mental health problems for children who are caught in the middle.

The findings of a new Arizona State University research study, titled “Longitudinal Effects of Post-Divorce Interparental Conflict on Children’s Mental Health Problems Through Fear of Abandonment” were published just last week in the Child Development journal. The study, as the title suggests, focused on the lasting effects that post-divorce parental conflicts have on their children’s mental health.

From 2012 to 2015, the researchers surveyed families participating in the ASU New Beginnings Program, asking 559 children (aged 9-18) about their exposure to conflict. The questions included topics like whether after their parents’ divorce their parents fought in front of them, spoke poorly about one another, asked them to carry messages to one another, etc. The study ultimately found that children exposed to parental conflict were more likely to report worrying about being abandoned by one or both parents. Furthermore, children who reported higher fear of abandonment were also more likely to report additional mental health problems 11 months later.

Before conducting this study, researchers hypothesized that kids who had strong relationships with one or both of their parents would experience less fear of abandonment and fewer mental health problems, since strong parent-child relationships generally create a stress buffer for children. However, they did not find a general buffering effect of parenting in this situation.

Karey O’Hara, a research assistant professor of psychology at ASU and the first author on the paper, stated “This was the most surprising finding for us. Good parenting is a very strong and powerful protective factor for all children, especially after a separation or divorce. But based on prior research, we know that the effect of good parenting is complicated in separated/divorced families.” She then added that although good parenting is protective, it may not be enough to cancel out the negative effects of conflict.

Parents can do something about it, though. In her research paper, O’Hara urges parents not to argue or fight in front of the children. She suggests that parents be extra careful when they’re around the other parent if there is a chance for conflict, and that parents make a conscious effort not to say things that might make their children feel like they are caught in the middle and have to pick sides. In other words, she suggests no badmouthing the other parent or asking the child to spy or act as a messenger.

It is also important, particularly given the findings of the study, “for parents to make sure that their children know that although they are separated or divorced, they will continue to care for them,” in order to allay any fears of abandonment that the child might have.

Going through a separation, a divorce, or a contested custody case can certainly be difficult for children that are experiencing it. If you are a parent who is going through, or has gone through, a divorce or separation, take Karey O’Hara’s advice and try to avoid conflict with your ex and putting your children in the middle as much as possible. And if you don’t feel like you can control and mitigate conflict on your own, there is no shame in seeking help—ultimately it will make you a better parent and your children happier and healthier.

By: Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

5 Tips for Surviving Grey Divorce in Retirement

By Guest Blogger: Michelle Petrowski Buonincontri, CFP®, CDFA

This article was originally published in  “The Street”

 

You were happy “once upon a time” and planned a future…. Now you’re 55 and getting a divorce.  Or maybe you’re 60 or even in your 70’s  and now part of a trend referred to as “Gray Divorce”, “ Grey Divorce”, “Silver Splitters”, or even “Diamond Divorcees”.

We know from reports such as the “Aging in the US  Retirement Security Trends in Marriage and Work Patterns May Increase Economic Vulnerability for Some Retirees” report to the Chairman, Special Committee, that divorce can worsen and create vulnerabilities for retirees. Additional research from Bowling Green State University’s National Center for Family & Marriage Research, tells us that “Those who divorce earlier in adulthood have more time to recoup the financial loses divorce usually entails.. “In contrast, those who divorce later have fewer years of working life remaining and may not be able to fully recover economically from a gray divorce.”.  A late-life divorce can wreak havoc on even the most well-thought out retirement plan.  Consequently, divorce in retirement is a time when resources are diminished; household income has dropped, assets and cash-flow have been reduced, and spouses may find themselves vulnerable. This is a serious planning concern.

Financial planning was important for retirement before the divorce, and it can be even more important now if you are considering or going through a divorce.  A planner specializing as a Certified Divorce Financial Analyst  (CDFA) can help you make the most of your retirement and manage these considerations:

Expectations & Education

During this time, managing expectations and financial education is paramount as income is typically limited and there is less time to replace needed retirement savings. This may be the first time a spouse must balance a budget, pay expenses, or manage a large cash settlement. One or both spouses may need to consider working longer (delaying retirement), modifying living expenses and discretionary spending.  Many times, one spouse may be entering the workforce – either again after many years or even for the first-time. Life will be different post-divorce; and the thought of this can be daunting and stressful and decisions tend to be made on emotions rather than facts. Ensure you have others in your life to help support you during this difficult time. Learn as much about your finances as possible and get educated on laws in your state.  Consider alternate divorce resolution models such as Mediation, maybe join a support group or yoga, be “mindful” of emotions,  and try to keep “healing” as a central theme as you weigh choices.

His/Hers/Theirs

One of the most important decisions made during the divorce process concerns the identification and splitting of the assets. A few things to consider:

    • Are you in an equitable distribution or a community property state, and what does that mean for you and your spouse?
    • Which assets & debts are separate, marital or community?
    • Are the assets liquid – do you have or will  you need access to cash? 
    • Are asset division decisions being based on an “after tax” basis so you are comparing apples to apples when determining what is equitable?
    • Retirement splitting – Is a QDRO needed? A DRO? An MRO? If this is a divorce that involves a service member – Are you a 10/10/10 spouse? A 20/20/20 spouse? Do you need to file something with Defense Finance Accounting Service (DFAS) for the  survivor benefit program or continued healthcare?
    • Pension division involves many things to consider. Just a few include the availability of COLA benefits to the non-participant spouse, ensuring benefits for the surviving spouse if the employee spouse passes (before and after the employee spouse begins collecting benefits), ensuring proper pension valuation and agreement on parameters used. Does a pension “immediate offset” make more sense than receiving pension benefits?
    • What social security benefits are you entitled to as a divorced spouse? A divorced widow? How is your social security benefit impacted by the Windfall Elimination Provision (WEP).
    • Is your spouse agreeing to take over debt and can you still be held responsible for those debts if they don’t pay? What happens if they file for bankruptcy?
    • Are there things on the tax return like depreciation, long-term carryover losses, passive activity losses, or net operating loss from a business that need to be reviewed and negotiated?  Or are you taking over the rental property as your primary home after the divorce?
    • What changes will need to be made to Estate planning?  Will, Trust, Power of Attorney, Healthcare Proxy, Healthcare Directive, asset retitling, account transfers, QDRO execution.
    • How does credit law differ from divorce law?  How does tax law differ from divorce law?

Settlement Process

Perhaps one of the best ways to handle financial expectations & fears is to use a data driven approach to the divorce settlement process. While developing your settlement it is important  to understand the short & long term effects on cash flow, taxes and your net worth, 5, 10, 20+ years into the future, because what may seem fair or equal on the surface is not equitable many times when looked at from a longer range view.

Certified Divorce Financial Analysts incorporate retirement planning into the divorce process; focusing on cash flow, healthcare costs, taxes, real estate, & net worth. This kind of Divorce Planning analysis, like retirement planning, allows spouses to negotiate and make adjustments in the decision of division of property & go into the settlement with a clear picture of their post-divorce financial future. It creates an opportunity to set the stage for fair negotiations,  level set expectations, establish “post-divorce” life goals and create a plan that both spouses can take action within and live with.

Increase Cash flow

If reducing expenses & saving can improve the odds for retirement success, then not carrying a mortgage into retirement could help after a gray divorce when income sources are limited & healthcare costs are most likely higher. A reverse mortgage can be used as a strategy in gray divorce to assist in retirement planning.

Cash flow is usually a concern during and after divorce, as the resources earmarked to support one household are now supporting two, and filing single on taxes could reduce net income available for living expenses. A HECM reverse mortgage should be evaluated as a possible “tool” or option, for those homeowners over 62 (who have little to no mortgage obligation), as it can be used to generate cash to bridge a shortfall in a spending plan, allow the delay of claiming Social Security or help facilitate the purchase of a new home for one or both spouses. A reverse mortgage can even protect against sequence risk and declines in your portfolio (if you are drawing from here, you don’t need to sell in a down market to raise cash), has benefits over HELOC, or could be used as part of LTC planning to stretch retirement assets.

Flexibility

Other ways to manage this disruption, like in retirement planning, may include adjusting goals, expectations & time frames. This could look like working longer, delaying Social Security claiming, reducing expenses (for example: downsizing or moving), saving more or considering a Single Premium Immediate Annuity to create guaranteed income. See also “Divorce Mistakes That Can Cost You”.  With flexibility and a positive attitude this can be an opportunity to recreate the next chapter of your lives.

Remember, no “one” plan or option makes sense for everyone, but having the right professionals to consult with  can make a difference in your long-term financial outlook.  Both the IDFA (Institute for Divorce Financial Analysts) https://www.institutedfa.com/  and the ADFP  (Association of Divorce Financial Plannerswww.divorceandfinance.org/ can be resources for finding a CDFA™ (Certified Divorce Financial Analyst)  professional to support you during this time of transition. Consult a Certified Financial Planner for comprehensive advice on strategies that address your specific retirement planning needs; see www.CFP.net or www.oneconnect.net

 

By: Michelle Buonincontri, Certified Financial Planner, Certified Divorce Financial Analyst

[email protected]

ARIZONA’S PRESUMPTION OF EQUAL PARENTING TIME HURTS CHILDREN

Is Arizona’s presumption of equal or near-equal parenting time in the best interests of children? We think not.

Several years ago, revisions were made to certain Arizona Family Law statutes that guide the Court in making custody decisions involving children. These revisions have had a tremendous impact on how the Court determines custody, and in our opinion, it is not a positive one. The changes have resulted in Arizona now having what is essentially a legal presumption of equal decision-making and parenting time in every case that comes before the court. We believe this approach hurts children significantly more than it helps them. It is also unfair to both mothers and fathers.

When the Arizona Family Law statutes were revised, the following changes, among others, were made:

  • The word “custody” was replaced with the terms “Legal Decision-Making” and “Parenting Time.” (A.R.S. §25-403)
  • A provision was added providing that the court shall adopt a parenting plan “that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.” (A.R.S. §25-403.02)
  • The provision which, in determining custody, had previously required the Court to consider which parent had historically been the child’s primary caregiver, was removed, and replaced with a requirement for judges to consider: “the past, present, and potential future relationship between the parent and the child.” (A.R.S. §25-403[1])

On its face, the changes made might seem positive. It is absolutely true that children are more successful when both of their parents are loving, active, and involved. When a divorce or breakup occurs, the courts should work to make sure that loving, active, and involved parents share in decision-making, and that the children get to spend plenty of time with both of them. However, not all parents are loving, active, and involved, and unfortunately that is something the changes in the statutes failed to sufficiently address.

Since the changes were enacted, there has been a significant shift in the way decisions are made regarding legal decision-making authority and parenting time. Arizona Family Court judges do their very best to assure that the interests of children are protected, however, a judge is required to apply the law as it is written by the legislature and interpreted by the higher courts. In 2019 Woyton v. Ward, the Court of Appeals ruled that it was an error for the trial court to designate Mother as the primary residential parent of the child based on her historical role as the child’s primary caregiver. The court stated that “As a general rule equal or near-equal parenting time is presumed to be in the child’s best interests. Thus, the court errs, as a matter of law, when it applies a presumption against equal parenting time.”

This ruling was troubling, as it solidified the idea that there is a legal presumption of equal parenting time. If a presumption against equal parenting is wrong, why wouldn’t a presumption for equal parenting time be just as wrong? In our opinion, there should be no such presumption. The problem with a legal presumption is that it can only be rebutted by “clear and convincing evidence.” Proving a matter by clear and convincing evidence can be mountain to climb. As mentioned earlier, not all parents are created equal. Awarding parenting time based on a mere presumption, when one of the parents may not be nearly as nurturing, capable, or involved as the other is a serious mistake that can harm a child in the long run.

Although the ruling in the Woyton case was rather harsh, another Court of Appeals case published just this year, Gonzalez-Gunter v. Gunter, may ameliorate the presumption of equal parenting time to some degree. In that case, the Court affirmed that “as a general rule equal or near-equal parenting time is presumed to be in a child’s best interest,” but it then went on to state that: “The Family Court, however, has discretion to determine parenting time based on all the evidence before it.” The Court, in Gonzalez, explained that although judges may be limited on the conditions they can place on how a parent may exercise their parenting time (like ordering supervised visitation, for example), they are not limited in their right to unevenly allocate the amount of one parent’s parenting time, if necessary. In other words, judges are not required to order equal decision-making authority and parenting time if the parents are not equal in their ability to care for the child. But some judges still do.

The Gonzalez-Gunter case is an important departure from the ruling in the Woyton case. However, in many family law cases, the the distinction addressed in Gonzalez is being ignored and the courts are awarding equal parenting time, even where the parents are not equally competent, caring, and nurturing. This may be due to way some judges view the statutory requirement to consider the “potential” of the parent who has not provided equal care. But it can render the important “Best Interests of the Child” standard essentially a meaningless catchphrase. For now, it appears that that parents’ rights too often trump children’s rights in Arizona Family Court.

In addition to the fact that we do not believe equal parenting time should be a legal presumption, we also believe that a greater emphasis should be placed who has provided primary care of the child than on “the … potential future relationship between the parent and the child.” It is true that when a divorce occurs, a parent who may have been the a stay-at-home mom or dad will probably have to work, and the other parent will have to take on more responsibility with the children. However, the problem with focusing on the potential future relationship is that every relationship has the “potential” to be great, but many don’t turn out that way. Similarly, every uninvolved parent has the potential to change and become more involved, but it doesn’t mean that they will. The best predictor of a future relationship is past history, so emphasizing potential over the actual history of the relationship, or even giving it equal weight, can be a huge mistake. Ultimately, when a father or mother is awarded equal parenting-time and never lives up to their potential, it is the children who will truly suffer the consequences.

In our opinion, a parent’s potential should be one of the factors the judge considers in determining what is in the best interest of the child(ren), but we believe it was wrong for the Arizona Legislature to remove “which parent has been the primary caregiver of the child” from the list of factors in A.R.S. §25-403. Doing so indicates that the change to the statute may have been more political than really about children and their best interests.

The care of children is too important to make broad assumptions, let alone instituting legal presumptions regarding decision-making and parenting time. In the real world, parents are not always equal caregivers. Sometimes the mother is the more responsible parent; sometimes it is the father who is the nurturer and is in a better position to provide for the children’s needs; and in many cases both parents are loving, capable caregivers who are willing and able to co-parent their children (which is obviously the best scenario). This is why each case should be decided on its own merits.

We believe that the Court should start with a blank slate in determining the child(ren)’s needs and which parent is better equipped to provide for those needs. If both parents are equally equipped, then there should be an award of equal parenting time and decision-making. However, where the best interests of the child would be served by one of the parents being given the majority of the decision-making authority and/or parenting time, then the Court should be able to make that ruling without having to overcome a presumption. The needs of the child should always come first.

By Gary Frank & Logan Matura

 

At the Law Firm of Gary J. Frank P.C., Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar is a highly-skilled attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

Five Tips for Co-Parenting During a Pandemic

For just about 10 months now, we have been living through unprecedented times. Most businesses are still closed or operating with restrictions, some schools are still remote, and life overall really hasn’t gone back to “normal,” as many expected it would have by now.

During the COVID-19 pandemic, many families have discovered that previously stable arrangements may not be able to withstand the stresses created by these changes. Divorce rates have skyrocketed. And for previously divorced families whose co-parenting and custody arrangements were already contentious, these changes may be intensifying conflicts and creating new ones.

While a crisis like this can certainly be stressful, it can also be a good time for both parents to overcome their differences and work together. Here are some tips for co-parenting during a pandemic:

  1. Stay Informed and In Touch

Because there is so much uncertainty that comes with a pandemic, it’s crucial that both parents stay informed. Parents should periodically check official state and local websites, making sure that they are up to date on COVID-19 guidelines. Parents should also check their child’s school website frequently, taking note of any closures or schedule changes that may be happening.

It’s also essential that both parents keep communication open as much as possible throughout the pandemic. Parents are understandably nervous for the health and safety of themselves and their child. Keeping the other parent in-the-loop and answering their calls, texts, or emails in a timely manner can help alleviate some of the stress and anxiety. If you or your child are feeling sick, or if you think you or your child may have been exposed to COVID-19, be up front with the other parent and let them know immediately.

  1. Follow Your Parenting Plan and Talk Through Possible Schedule Changes

Parents should continue to comply with existing parenting time orders as much as possible. Failure to comply with court-ordered parenting time may lead to being held in contempt of court.

In certain circumstances, however, it may not be possible or realistic to comply with existing parenting time orders. Perhaps one parent lives in another state, has a compromised immune system, or is an essential worker. Maybe one parent is actually sick with COVID-19 or has been exposed to the virus. In circumstances like those, it may be in the best interest of your child to be flexible and renegotiate custody and visitation schedules.

Parents should use common sense to navigate these difficult circumstances. While the idea of seeing your child less may be upsetting, understand that the pandemic will not last forever. It’s okay to make modifications to your parenting plan in times of crisis to do what’s best for your child.

If parents need to temporarily make changes to their visitation schedule for whatever reason, consider using technology to maintain communication and interaction between the parent and child as much as possible. Emails and text messages are quick and efficient, and there are even court-approved apps (such as ourfamilywizard.com) that make communication between parents easier and less contentious. Parents should also try to agree on a make-up schedule for lost in-person parenting time.

If parenting time hasn’t changed for your family, consider creating a backup plan in case it needs to. Talk about what would happen in the event one parent gets sick or is exposed; the child gets sick or is exposed; school closes again; etc. This way, if something happens, you’ll already have a plan.

  1. Talk to Your Child

Check in with your child! They are living through intense periods of change and uncertainty, and that can be really difficult for them. Be there for them. Understand that there are varied ways children deal with stress and anxiety. Listen to their concerns and be supportive and empathetic. Make sure not to give them too much information about court cases or parental disputes. And be careful not to bad mouth the other parent to your children. They need permission to love you both.

Now is the time to try to be the best parent you can under the circumstances. Reassure your child that we will get through this, that some changes are only temporary, and most importantly, that they are loved and cared for.

  1. Take Care of You

Co-parenting during a pandemic can be exhausting. While you probably feel like you are focusing most of your attention on your child’s needs, don’t forget to practice a little self-care. Take a little time for yourself each day, even if it’s just a few minutes to meditate, do yoga, or take a bath.

Get help if you need it. If you’re feeling anxious or overwhelmed, consider counseling or therapy. Support from a mental health professional can really help. Working these issues out can allow parents to better care for their families.

Most importantly, be compassionate with yourself. You are human and you are living through unprecedented times. It can certainly be hard at times, but you can and will get through it.

  1. Figure Out What Works Best for You!

“Different strokes for different folks,” as they say! There is no correct way to co-parent during a pandemic. Work with your ex to figure out what works best for you both, and your child. This pandemic is a perfect opportunity for co-parents to come together and make decisions in the best interest of the child they both love.

By: Logan Matura

 

 

At the Law Firm of Gary J. Frank P.C., Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Law firm Partner, Hanna Amar ,is a highly-skilled attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura received her Juris Doctor degree from New York Law School in Manhatten, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

THE AMAZING POWER OF EMPATHY

          There’s this thing called “Empathy.”  And it’s a powerful force.  When I don’t see eye-to-eye with someone, I try very hard to understand why that person feels the way they do, and why their reality is so different from mine.  When I take that approach, I am usually able to comprehend their logic or at least catch a glimpse of where that person is coming from, even if I don’t agree with their reasoning or conclusions.
          Unfortunately, many people are unwilling or unable to see a problem through another person’s eyes.  And in today’s political environment, empathy and compassion are often considered a liability. Why? Maybe people are afraid that trying to understand another’s point of view will somehow be seen as a tacit admission that the person is right.  Maybe they fear that conceding a point, even a small one, is tantamount to losing the debate.  Or maybe they’re just afraid of being wrong.
          But “Empathy” is not a weakness – it’s a strength.  Failing to consider a problem from the opposing point of view often leads to a stalemate and continued conflict.  Refusing to make even a minimal concession or a reasonable compromise only assures that competing parties will never be able to bridge the gap and resolve their differences.  It heightens the conflict and can cause a small spark to become a raging fire.
          When two people are going through a divorce, it’s a scary and emotional time in their lives.  They may wonder, “What’s going to happen to my children?” or “How can I protect the assets that I’ve worked my whole life to accumulate?”  It can feel as though the ground beneath them has fallen away and they have nothing to hold onto.  Fear grips them.  And eventually their fear morphs into anger.  They run out and look for the meanest, most aggressive attorney they can find.  But they soon learn that the divorce litigation, which is an adversarial process to begin with, has only increased their fear and inflamed their anger.
          With this mindset, it is hard to make concessions or compromises.  It is difficult to put yourself in the shoes the other person (who, by now, may seem like an enemy) — but that is exactly what you need to do.  Because being able to view the situation through the eyes of that person will enable you to better understand their perspective — their fears, their insecurities, their unstated needs.  And that insight, along with a willingness to make reasonable concessions, could allow you to resolve your dispute amicably, and save thousands of dollars in the process.
          A father going through a divorce might be afraid that the mother is trying to take his children away from him.  A wife who was a stay-at-home mom for many years might be afraid that she won’t be able to support herself after the divorce.  By trying to understand those fears, you are better able to address the problem.  Empathy also allows you control your own fear and insecurity.  You are less likely to be angry with your soon-to-be ex-spouse if you understand that his/her motives are not evil.  That person is just fearful, like you are.
          In the end, empathy enables you to comprehend the other party’s state of mind, which may result in finding a solution that allows you to meet their needs without compromising your own.

 

 

At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Amar are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Hanna Amar is a highly-skilled attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association.  We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and step-parent and non-parent rights, as well as other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

ARIZONA’S FAMILY COURTS ARE OPEN, AND OPERATING EFFICIENTLY, DESPITE COVID-19

 

In the midst of the pandemic, you may be wondering how your family law matters will be affected by court closures and the constantly changing regulations caused by COVID-19. The Arizona courts are committed to minimizing spread of the virus and creating the safest environment possible while still serving the needs of the community. While family law matters are normally not an exciting part of life, sometimes they are necessary. If you are facing a family issue, such as a divorce or custody matter, a grandparent visitation dispute,  a relocation (move/away) request, or a modification or enforcement case that may need to be handled by the courts, rest assured that the Court’s COVID procedures and modification of in-person requirements will not prevent the work from getting done to help lead to a solution for you and your family. When we meet with you, we will cover all of the major points to help you understand how COVID-19 is impacting the family courts. If you want to check out the guidelines directly from the Arizona Courts here is a link.

The first thing you should know is that the family department will continue to address “essential services” in person. These include applications for orders of protections, contested hearings on orders of protection, motions for temporary emergency orders, and hearings on temporary emergency motions. In person court appearances do require the use of a mask and social distancing. Other court hearings may be held in person at the discretion of the judge.

Although emergency proceedings will continue in person, other matters are equally important. In this new era of Zoom meetings and video-conferences, the court system has adapted its process to be conducted via GoToMeeting. GoToMeeting is a secure platform that allows the judge to interact with the attorneys and the clients in a similar fashion to how they would in person. If you have an early resolution conference, mediation, open negotiations, decree on demand, parenting conference, or even a contested hearing or trial scheduled you can plan to take your video call from the comfort of your home via GoToMeeting. You’ll need to download the app, and although there is sometimes an occasional wifi related glitch, the court system and your attorney will proceed as usual in order to create a meaningful outcome.

In the early weeks of COVID-19, some cases were faced with delays and rescheduling. By now, the courts have managed to get things back on track and proceed as usual. In many instances, the Coronavirus may catapult the Arizona court system into a more modern era of technology. A video conference means dodging the stress of the courtroom, avoiding downtown traffic and parking, and preventing you from having to take unwanted time off from work for in-person court appearances. In the future, some types of court matters may be conducted by phone or video-conference permanently, even after the COVID-19 pandemic has become a thing of the past.

With the recent increase of COVID cases in Arizona, the courts have not determined when things will return to the way they were before. For now, and into the foreseeable future, the courts will operate telephonically and by video-conference as much as possible. But, in the meantime, your family law matter will continue to be a productive and meaningful process until a solution is reached.

 

At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Amar are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Hanna Amar is a highly-skilled attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna is the President of the Young Lawyer’s Division of the Maricopa County Bar Association.  We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

 

 

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