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DIVORCE vs. LEGAL SEPARATION – WHAT’S THE DIFFERENCE?
Many clients will ask me “What is the difference between filing for divorce and filing for legal separation?” or “Will filing for legal separation put a stop to our community assets accumulating?” The general answer I give is that filing for divorce and filing for legal separation are fairly similar. However, there are a few distinct, and important, differences that clients need to know before making the decision on which route to take. Similarities Whether you file for divorce or for...
Gray Divorce – How to Explain the Boom in Boomer-Divorce?
You’re 50-something, maybe even 60. You’re contemplating divorce and plagued by numerous dilemmas. You’re stuck in a marriage with no discernible future but you’re too frightened to venture out into the scary world of dating. Maybe you share too much history with your spouse and it’s almost impossible to think of yourself as being single. Perhaps you’re unsure whether or not you want to go from living off the income of two to relying on just your own income. These feelings are not unique to...
DOMESTIC PARTNERSHIPS IN ARIZONA
I have recently been asked, by a number of people, whether Arizona recognizes Domestic Partnerships, and how it compares to marital rights. Domestic partnerships are recognized in Arizona, but only for limited purposes, such as where a patient in a hospital is unable to make or communicate healthcare treatment decisions. Arizona Revised Statutes §36-3231 provides that, in cases where the patient is unmarried, a domestic partner may be allowed to act as a surrogate. Certain cities in Arizona...
SAME-SEX FAMILY LAW — WE CAN PROTECT YOUR INTERESTS
Our attorney, Gary Frank, has long been a staunch supporter of civil rights, including marital rights for the LGBT community. Now that same-sex marriage is finally a reality, it is important for gay and lesbian couples to understand their new rights, and how to protect themselves in the unfortunate event that a divorce or separation occurs. We can help you preserve your property before a marriage takes place by preparing a Prenuptial Agreement. And we can protect you throughout the divorce...
THE POWER OF EMPATHY
You see, 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 he does, and why his reality is so different from mine. When I take that approach, I am usually able to comprehend the logic or at least catch a glimpse of where that person is coming from, even if I don’t agree with his or her reasoning or conclusions. Unfortunately, many people are unwilling or unable to see a problem...
DIVIDING PROPERTY IN A DIVORCE – HOW THE ARIZONA FAMILY COURT DOES IT
One of the first and most vital steps in a divorce is figuring out the division of property. Naturally, people want to know how Arizona courts will divide their property. Below are some of the most commonly asked questions that I hear from clients: How does Arizona divide property in a divorce? All states are either community property states or equitable division states. Arizona is one of nine community property states. Community Property is based on the theory that a married couple is a team...
OUR MISSION STATEMENT
Here is my personal mission statement: I am a Family Law Attorney who cares about my clients. I understand that my clients are in the midst of a difficult period in their lives. And by accepting their case, I have made a commitment to be there for them -- to help them, to advise them, to support them, and to fight for them. I will tenaciously protect my clients' interests by applying the legal knowledge, litigation and negotiation skills, and powers of persuasion that I have gained over my...
A GRANDPARENT CUSTODY CASE INVOLVING TWO STATES – WHO HAS JURISDICTION?
I was recently contacted by a grandparent who had the following question: "I raised my grandchildren for several years. My daughter went through treatment for drug abuse and later took the children back. However, her addiction has returned and I am afraid that my grandchildren are now at risk. She's in California and I'm in Arizona. I need to get custody of my grandchildren. How can I do this from another state?"This scenario presents a complicated legal issue involving not only a...
THE ASHLEY MADISON HACK AND NO-FAULT DIVORCE
A brunette with perfectly applied lipstick holds a single finger to her lips in a “shh” motion. Her beautifully manicured hands display a golden wedding band. Next to her are the words “Life is short. Have an affair.” This controversial logo represents Ashley Madison, an online dating service and social networking site marketed to people who are married or in a committed relationship. It offers affair guidelines and even provides advice on how to cover one’s tracks when pursuing an adulterous...
HOW A CHILD’S VOICE CAN BE HEARD IN A CUSTODY OR PARENTING TIME DISPUTE
I am frequently asked at what age children can decide where they'd like to live, and whether or not they want to spend time with a parent. The answer to that question is that children under the age of majority are not allowed to make those kinds of choices on their own. Those are decisions for parents -- and when the parents can't agree, a judge will make the decision. But although children are not given the right to make these crucial choices, their voices can be heard -- and the courts are...
IMMIGRATION – THE TIMES HAVE CHANGED BUT THE ISSUES REMAIN THE SAME
From 1981 to 1984 I represented a Guatemalan refugee and her two children in an attempt to help them gain political asylum. I am a Family Law Attorney -- I don't practice Immigration Law. But this woman needed my help. A member of her family had been killed by a government-backed "Death Squad" before her eyes. She was then targeted as a "subversive" because of her association with him, and for being a member of a bible study group (Indians, poor farmers, and Catholics were all considered to...
THE PEACEFUL PATH
Sometimes you have to get tough. Sometimes you have to stand your ground and fight. That’s when you need a strong lawyer. But the strong lawyers, the truly excellent ones, will tell you that in most divorce cases it is best to start out by exploring the peaceful path. Great lawyers will tell you that you can’t “win” divorce in the same way you would win a business dispute over a contract. In business litigation, where someone has breached a contract, a judge or jury could award you the...
WHEN IT COMES TO FAMILY LAW, “THESE ARE THE GOOD OLD DAYS”
People seem to always pine for the “good old days.” And, sure, there is plenty to complain about today, but America in 2015 is far more tolerant, compassionate, and evolved than at any time in U.S. History -- or maybe even human history. When I was growing up in the 1960’s . . . Cohabitation was scandalous;A female who had sex before marriage was a "slut" (but the same was not true for a male - after all, he was just being a guy); Children born out of wedlock were referred to as...
“COUNCIL ON SHARED PARENTING” CONCLUDES THAT SHARED PARENTING IS GOOD . . . REALLY?
What's wrong with this picture?.. The First International Conference on Shared Parenting" has published a “Research Consensus Statement” following a July 2014 conference organized by the International Council on Shared Parenting (ICSP). In their report, the experts concluded that shared parenting is in the best interest of the majority of children whose parents divorce. Psychology Today refers to the study as “groundbreaking” . . . Really? Should be we surprised that the “International...
THE FIRST GAY MARRIAGE IN ARIZONA
It’s a groundbreaking decision. The U.S. District Court, on Friday, ruled that Arizona must recognize the California marriage of Fred McQuire and George Martinez. Both McQuire and Martinez were Vietnam veterans who lived in Arizona. First, McQuire was diagnosed with prostate cancer (caused by exposure to Agent Orange during his service in Vietnam); and in June of this year, Martinez was diagnosed with pancreatic cancer. He was given only a few months to live. The two had been partners for...
Ratings and Reviews
Client Reviews
Very honest
November 2009 I retained Mr. Frank almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…
– Judy K