Firm News

NG Attorney Victor Garnice recognized by Maricopa County Superior Court Family Law Judge

May 2nd, 2012

Nirenstein Garnice Partner Victor Garnice was recognized by a Maricopa County Superior Court Family Law Judge for his superior skills in a recent divorce case.  The Court specifically stated “Both parties counsels’ have assisted them very well and have conducted this litigation in a very professional and courteous manner

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Court Awards NG's Client Attorney's Fees Award Despite His Having Significantly Greater Income.

April 18th, 2012

Maricopa County Arizona Family Court, after trial in divorce case, awards attorney’s fees to Husband despite him earning significantly more income. What is significant in this case is that it demonstrates that ultimately, with perserverance, unreasonable party, in this case the Wife, will be held financially responsibile for bad litigation…

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In the Age of Alternative Reproduction, Who are a Child's Parents?

April 17th, 2012

NEW YORK, Apr 17, 2012 (GlobeNewswire via COMTEX) — Thanks to modern medicine, more traditional and non-traditional couples and individuals are able to become parents through assisted reproductive methods, including anonymous and known sperm and/or egg donation, surrogacy, and second parent adoption. However, states have varying laws on matters that…

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Does Adultery Affect a Divorce Case?

April 16th, 2012

Can a spouse’s adultery, once discovered, lead to arguments, resentment, and even divorce. Of course.  But, do courts look less favorably upon an adulterer in a divorce case?  The anwer in Arizona in the vast majority of cases is “No” thanks to the concept of “no-fault” divorce.
In an Arizona ”no-fault”…

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NG prevails; Wife defeats Husband's motion to eliminate spousal support due to Arizona court's lack of jurisdiction.

April 6th, 2012

Nirenstein Garnice prevails; Wife defeats Husband’s motion to eliminate spousal support.  Basis: Arizona court’s lack of subject matter jurisdiction. Wife now can proceed to enforce payment of alimony in full as expressed in provision existing in original settlement agreement.
Till v. Berry…
 

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Bankruptcy Does Not Releive Spouse From Paying Alimony or Parent From Paying Child Support

April 6th, 2012

During these difficult economic times, and especially in Arizona, divorce attorneys often hear from  clients that their spouse or significant other has told them “You won’t get one dime of alimony. I’ll file for bankruptcy first.” The threat has been repeated countless times.
Don’t buy into it.  Neither alimony obligations…

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Hugh Hefner, Crystal Harris in a custody battle over puppy

December 27th, 2011

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…

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Lawyer Says "Intimate Relationship" with Clients Equals Better Representation

December 6th, 2011

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…

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

November 17th, 2011

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…

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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

November 8th, 2011

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

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