Nirenstein Garnice PLLC » – Nirenstein Garnice – Arizona’s Premier Divorce & Family Law Attorneys – Lawyers

Hugh Hefner, Crystal Harris in a custody battle over puppy

admin — Tue, 27 Dec 2011 19:05:15 +0000

Believe it or not, the issue over who will be awarded the family pet is quite common in Arizona divorce cases. Fortunately, Arizona law has a simple solution. The family pet, whether one likes it or not, is treated as any other personal property would be treated. No need for a custody evaluation here. See People for more details.

Lawyer Says "Intimate Relationship" with Clients Equals Better Representation

admin — Tue, 06 Dec 2011 17:27:18 +0000

Bankruptcy lawyer, Zenas Zelotes, is "appealing a disciplinary panel recommendation" for disciplinary action based on his intimate relationship with a client he represented in a divorce case. Arguing clients are "better off if they are in a romantic relationship with their lawyers," Zelotes says he'll take the matter all the way to the Supreme Court, the ABA Journal reports.

Wow! This probably explains why he is not a divorce lawyer, and will not be a lawyer for much longer!

For more information on this case, see the full story from the ABA Journal.

Mom's Emotional Stability, Dad's Record Influence Custody Awards

admin — Thu, 17 Nov 2011 16:27:10 +0000

When courts decide which parent gets custody in a divorce or separation, the
emotional stability of the mother and the criminal record – or lack thereof – of
the father appear to matter most, researchers reported at the annual meeting of
the American Academy of Psychiatry and the Law.

Mothers are about 4-5 times more likely to receive sole
custody when the father has a history of arrests. Fathers, in contrast, are
nearly 10 times more likely to be granted custody if the mother has been
involved with family services.

For further information see article by Neil OSterweil of the Clinical Psychiatry News Digital Network.

ADES' Defective Compliance with A.R.S. Section 8-822.3 Does Not Justify Releasing Child From State Custody Without First Determining Effect on Child's Well-Being

admin — Tue, 08 Nov 2011 19:04:54 +0000

Division One of the Arizona Court of Appeals accepts and grants releif requested in Special Action proceeding despite Mother's argument of DES' non-compliance with A.R.S. Section 8-822. "[E]ven assuming ADES did not comply with the statute, the Child's health and safety must be given paramount consideration prior to release from temporary custody". See ADES v. Lee.

Judge Orders Divorcing Couple To Swap Facebook And Dating Site Passwords

admin — Mon, 07 Nov 2011 20:45:22 +0000

Everyone knows that evidence from social networking sites comes in handy for lawsuits and divorces.
Attorneys usually get that material by visiting someone’s page or asking that
they turn over evidence from their page, not by signing into their accounts. But
judges are sometimes forcing litigants to hand over the passwords to their
Facebook accounts. Should they be?

Most divorces require spouses to part with some of their property, but in
a recent divorce case a soon-to-be ex-husband and wife are being asked to give up more
than just investments, cars, TVs, kids, and pets. They have to hand over their
social networking passwords. At the end of September, a Connecticut Judge
ordered that the attorneys for the husband and wife exchange “their
client’s Facebook and dating website passwords.”

For more on this, check out the Forbes Article, "Judge Orders Divorcing Couple To Swap Facebook And Dating Site Passwords".

Second Step to Avoid Losing Your Shirt in a Divorce

admin — Fri, 01 Apr 2011 19:47:04 +0000

2. Dig into Your Spouse's Business. Wholly owned businesses are notorious for sheilding income from the IRS and/or from a spouse. Tax returns may not provide a complete picture of what a family business or privately-held company may be worth. If there is money at stake, it usually pays to hire a forensic accountant -- any good divorce lawyer will have a recomendation for you. The accountant will press your spouse (and, your divorce lawyer can also help) in obtaining documents from your spouse and the company that may show where all the business assets are and how much cash flow is really floating around. Not only with this assessment help you prove your right to an equitable division of community property, but it will also support any claim for child support and/or spousal maintenance, which rely on income inlcuding attributions. Likewise, if a spouse has a unrealistic expectation as to the value of a business and/or earnings, this can go along way towards dispelling that there is more money there than is being disclosed.

Ten Steps to Avoid Losing Your Shirt in an Arizona Divorce

admin — Wed, 30 Mar 2011 17:08:45 +0000

Divorce cases, nowadays, is not about who is the meanest or who slept with who. It's all about the money. Both spouse's income and assets, in a community property state such as Arizona, are -- or should be -- on the table. The problem most of the time is however, that spouses know little about each other's finances, or if they do -- then where to look. Spouses, especially in these economic times, might also not even realize how much less there worth than they thought, as a result of the stagnating economy and housing depression.

While divorce rates do fall during difficult economic times, mainly because couples simply cannot afford to split, there must be information out there for those who are divorcing anyway. The following ten tips should assist in both spouses getting the most they can out of the community estate.

Follow the Money. You need to be able to understand what the financial circumstances are presently. If you do not know, you certainly are entitled to this information. Go get it. Whether this can be accomplished on your own or through the assitance of a good divorce attorney is irrelavant -- just make sure you get it if it's worth getting. Investigation is good. Take a look at financial documents, online banking and investment accounts, life and homeowners insurance policies, payroll and retirement plan statements, financial statements filed when seeking credit, copies of wills and/or trusts, credit card statements, and tax returns. Another good way to get informed, is to obtain a credit report. You never now what unexpected debts or charge accounts may be lurking out there that you had no idea where set up.

The remaining nine (9) tips to follow.

Maricopa County Family Court Rethinks Limiting Access to Family Court Pleadings

admin — Fri, 04 Mar 2011 18:49:03 +0000

The Superior Court in Maricopa County had, pursuant to Administrative Order 2010-092, limited access to all pleadings in family court cases for the first 45 days after the initial filing of the case. The Order was adopted in response to concerns regarding cases involving domestic violence. Since the adoption of this practice however, the court has heard concerns from various persons and organizations, including the domestic violence community, about the limitation of access of court records and the negative effect
of such limitation.

The Maricopa County Family Court has no rethought its prior decision and has stated its renewed commitment to providing open access to the cour. Therefore, the Court plans to vacate the administrative order (2010-092) effective April 1, 2011.

Arizona Supreme Court Adopts Order Dealing with Responsibilities of Appointed Counsel & Guardian Ad Litem

admin — Tue, 15 Feb 2011 21:46:05 +0000

The State Bar of Arizona announced that the Arizona Supreme Court has adopted Administrative Order No. 2011-16, dealing with Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem. The Order became effective February 1, 2011, and is applicable to all appointed counsel and guardians ad litem on and after the effective date.

The Court further ordered that any attorney currently appointed to represent a child in any dependency matter in the State is exempt from the introductory six (6) hours of court approved training. All attorneys handling dependency matters, including those currently assigned cases, shall comply with the continuing training requirements outlined in the Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem.

Rachel James Praised For Extraordinary Work Efforts!

admin — Thu, 10 Feb 2011 17:19:22 +0000

Rachel James!!!!!!!!!!!!!!!!!!!!!!!!!!

Awesome work!!!!! Thank you so much, I’m sure you know how excited we are; this case has to be up there on your win list!

I sincerely feel your work has been exemplary, no matter the outcome, but I think it’s also a win for Dads who care about their kids and responsibilities. This experience has forced me to reevaluate my relationship with [my son], has made me realize how great it is to see him thrive here in Arizona, and has opened my eyes to how fortunate I am to have had [my wife] by my side since I began this trek in 2007. With this major obstacle sacked, we can now focus on each other and look forward to beginning our marriage as a brand new family!

To add, I am very proud that I did my research and found the right Attorney for the job. You managed to keep us focused on the big picture and stuck by our side; even though [my wife] and I were a pill at times. I still remember talking to you last December, and you were the only attorney I had talked to that kicked me in the right direction with Texas OAG and the wage garnishment. And after talking to all the other attorneys, instinct told me that you would take care of it. To put it simply, you got the job done, and I can’t thank you enough. I truly hope that our case has boosted your career in some small way, or big way maybe, but has at least positively affected you somehow!

Although a bit surreal, a tremendous weight has been lifted and I feel liberated…you can’t put a price on that. I haven’t been able to buy many lottery tickets lately, but I’m going to start again!! ;-)