How long have you practiced law?
I was admitted to practice law in Arizona in October 1995.
How many divorces have you handled?
More than I can remember. Certainly over 1,000.
Do you prefer to represent men or women?
No, I do not have a preference but for reasons we can discuss if we speak, about 65% of my former clients in divorce cases are women.
Do you enjoy practicing family law?
Yes, I do. I like getting to know people whose backgrounds are different than mine. I enjoy the stories behind each case. I like challenges and cases involving interesting or novel issues. At times I still get nervous preparing for and attending a trial--that tells me I still care about the outcome of the case.
How many cases have you won?
To be honest, I don't think this a good question to ask of an experienced family law attorney. There are no winners in family court litigation. My goal in many cases is to manage the risk involved in the litigation and obtain the best possible outcome.
Are you an aggressive attorney?
Like the question above, I also don't think this question should be used to choose a family law attorney. Many people believe that being an "aggressive" attorney means the attorney is intimidating and will act in a hostile mannter to achieve the client's goals--this kind of advocacy is expensive, destructive, and does not often work out very well in practice. I prefer to think of myself as a chameleon--I tailor my approach to each case differently based on the facts, the issues, the parties, and the other individuals that are invovled in the case. I like to be strategic in my approach and tactical in practice.
What do you think about online reviews?
Well, I admit I like positive reviews a lot more than negative reviews. To me, it is the nature of being online that people with something negative to say are quite often more likely to post reviews than people with something positive to say. There are a lot of reasons for this but one of the main ones is that many people just don't like to post a review of their divorce attorney under their own name. As for negative reviews, I can say that there are a few online about me, mostly by people with an axe to grind. I don't usually respond online (to preserve confidentiality for the benefit of the poster) so I can be at a disadvantage. I don't solicit positive reviews but I also won't refuse to help someone find their way to my Google business page if they want to say something nice. It is my preference that people with something negative to say contact me to discuss the issue in person like adults instead of turning their private affairs into an online spectacle.
I live on the other side of town, how does that work?
It is often not necessary for us to meet in person (although it is my preference to meet a potential client in person before I agree to represent the person). We can use technology to complete many tasks remotely (e.g., electronic signing of documents, file-sharing, etc.).
I live in another state (or country), how does that work?
I have represented individuals that live all around the world that are litigating cases in Arizona courts. See my answer above.
Why are attorneys so expensive?
The fees I charge are neccesary to ensure that I am able to afford the facility, staff, resources, and technology that is necessary to operate a nimble, modern boutique family law firm. Running a modern law office is an expensive endeavour. We strive to offer quality, cost-effective legal services at rates that are customary compared to other attorneys in the area that are similarly experienced.
What do I need to do to prepare to meet you for the first time?
Ideally, you would complete and return an intake form to me before we speak for the first time. Be on time if you can and let us know if you need to reschedule. We are flexible so don't feel bad if you have to reschedule. Bring any court or other documents that are relevant to your situation. The people that come with a notebook and a list of questions they want answered tend to get the most out of our initial consultations.
What will we talk about?
We will discuss what you need to discuss and everything you tell me will remain confidential even if you do not retain me to represent you. Quite often, I have detailed conversations during the initial consultation with people I have only met for a few minutes about very intimate or sensitive issues.
Will you tell me if I should get divorced?
Ordinarily, I will not tell you if I think you should get divorced. That is a very personal decision that only you can make. I may offer my opinion if I am asked but you should give my opinion the weight it deserves and make up your own mind.
Should I post information about my situation on Facebook?
No, absolutely not. I strongly encourage you to be discreet and keep your personal life private. You should not post negative information about your spouse or partner, the judge, or the other attorney on your social media websites. DO NOT DO IT. Don't make videos or manipulate pictures. In some cases, you should not post pictures of your children. In extreme cases, I recommend that people delete (or at least deactivate) all of their social media accounts.
Should I refer to my spouse in obscene terms in text messages or emails?
No, absolutely not. You should assume that every text message, email, voice message, instant message, social media post, or any other negative or embarassing information you put on the internet can and will be used against you. Act accordingly and assume the judge will read everything. I have personally seen parents lose custody of their children when the only actual evidence of the parent's unfitness was the parents' own social media posts, pictures, and videos. Don't be that person.
How should I schedule a meeting with you?
Generally, Allison (allison@michaelshew.com) and Lauren (lauren@michaelshew.com) can schedule phone and in-person appointments with me, receive payments and take care of billing related issues, and manage our communication. You can call my office at (480) 940-3636. You can schedule a 30-minute phone consultation with me at this page.
How should I communicate with you?
You may want to create a new email account that you use solely for the purpose of communicating with me and my staff. For most clients, our primary means of communication is by email so please make sure to regularly check your email account and reply to us in a reasonable time frame. We will let you know if we are emailing you about a time-sensitive issue. It is ordinarily my practice to reply to emails within twenty-four (24) hours during the work week. I don’t ordinarily respond to emails after 8:00 PM or earlier than 7:00 AM or on the weekends. I do not make it a practice to regularly text message with clients about their cases except in limited circumstances (e.g., if you are lost trying to find court or the other attorney’s office). There are always exceptions to every rule, though, and you can be assured that I will be reasonably available to you by phone and email as the circumstances of your case warrant.
When sharing documents with me and my staff, please make sure to copy Peter (peter@michaelshew.com). If you have a lot of documents to send to us, rather than send many emails with one or two attachments, it is our preference that you share them with us with a file-sharing service like Dropbox, Box, Google Drive, or OneDrive, or hand deliver a thumb drive to us. We prefer to work with unsecured PDF files but if the files are secured, please make sure to give us the password to open the file. Whenever possible, separate the files by categories and label the folders and files in a helpful manner so we know what they are. We can work with .jpeg or other image files but our preference is to use PDF files. When working with bank or financial institution statements, we prefer to receive the actual statements that you download from the financial institution website rather than screenshots of webpages or phone apps that you take with your phone.
If you there is a lot of text communication between you and the other party, you may want to consider installing a third-party application on your phone to extract the texts from your phone so they can be emailed as PDF files. At this link is an article that provides a lot of helpful suggestions to send texts as emails rather than screenshots of the texts.
Can I send you text messages?
Ordinarily, no.
How long do I need to live in Arizona to file for divorce?
One of the spouses must be domiciled in Arizona for 90 days before a divorce petition can be filed.
How long does it take to get divorced?
It depends. The quickest you can be divorced in Arizona is 60 days from the date the respondent is served but most cases take about 90-180 days. Some cases can take well over one year to resolve. For some couples with high conflict relationships, getting divorced is just the beginning of another chapter of litigation. Each case is different.
Do I have to see a judge to get divorced?
No, you do not and in many cases, my clients never even step foot in the courthouse. It is possible to obtain a divorce without "going to court."
Do you like to settle cases?
Yes, I am a settlement-oriented and believe nearly every case can be resolved if both sides are willing to compromise and enough effort is put into it.
Why do you prefer to settle cases out of court?
Because I have seen firsthand time and time again the devasation that can come from litigating family court cases. In the end, a judge is just a stranger and most people would not want a stranger to make decisions for them about their most intimate relationships or their money. Going to trial is in many respects no different than asking a barista at Starbucks to tell you what to do with your children or your money (no offense to Starbucks baristas).
Do you mediate cases?
Yes, I do. I have been jointly retained by many divorcing couples to mediate their disputes, prepare their court documents, and manage the case from beginning to end. I have developed a procedure in mediated cases that makes the process much less stressful and turns the court process into nothing more than a formality. Not every case can be mediated because it takes two people who are each willing to compromise. Mediation is a voluntary process that assumes each party will cooperate to disclose information--even unfavorable information--to the other party to resole their differences. Some couples are simply unable or unwilling to mediate their case so mediation is not appropriate in every case, but it ought to be tried whenever possible.
I heard that Arizona is a joint custody state; is that true?
Well, what I can say is that the law has come a long way in the last 25 years. In most cases, there is a presumption (although it is not necessarily the law in Arizona but we need more time to have this discussion) that joint legal decision-making is in a child's best interest. By the way, in Arizona we don't use the phrases "sole custody" or "joint custody" anymore. Instead, we use "sole legal decision-making" or "joint legal decision-making" to refer to the manner in which major educational, health care, and religious decisions are made for a child.
I also heard that most judges order equal parenting time; is that true?
I would say that in the vast majority of cases involving school-age children with fit parents (i.e., no issues with substance abuse or other fitness issues) that live relatively close to each other and have typical work schedules, an equal parenting time schedule is usually going to be in a child's best interest. Each case is different, however.
What is separate property?
Separate property is property that was acquired by a spouse prior to marriage, during marriage by gift or inheritance, or after the date a divorce petition is served. Separate property is not divided in a divorce case.
Separate property retains its character during marriage unless its character is transmuted. For example, if a spouse uses inheritance received during marriage to purchase jointly owned real estate, there is a presumption that the spouse made a gift of separate property to the community. A spouse asserting that property is separate has a high burden to meet to prove that the property is separate.
What is community property?
Community property is any property acquired by either spouse during marriage. Commmunity property must be equitably divided when the spouses get divorced. Ordinarily, an equitable division of community property means that each spouse receives a substantially equal amount of the community property. There are exceptions to every rule, however, and in some cases an unequal division of community property and debt is necessary to achieve fairness.
What is alimony or spousal maintenance?
Alimony or spousal maintenance is money that is paid by one spouse to the other spouse after the spouses are divorced. The primary purpose of spousal maintenance is to provide the receiving spouse with sufficient financial support to allow that spouse the time necessary to obtain training or education to become self-sufficient.
Do I qualify for spousal maintenance?
We will have to discus sthe specific facts of your case before I can answer this question but I can say that teh following factors are relevant (a) how much property is the receiving spouse expected to receive in the divorce; (b) the length of the marriage; (c) the ages of the parties; (d) the educational and employment histories of the parties; and (e) the physical health of the parties.
How much spousal maintenance will be paid and for how long?
Arizona does not use a formula. Each case is different. The following factors are supposed to be considered to determine the amount and duration of a spousal maintenanc order:
The standard of living established during the marriage.
The duration of the marriage.
The age, employment history, earning ability and physical and emotional condition of the spouse seeking maintenance.
The ability of the spouse from whom maintenance is sought to meet that spouse's needs while meeting those of the spouse seeking maintenance.
The comparative financial resources of the spouses, including their comparative earning abilities in the labor market.
The contribution of the spouse seeking maintenance to the earning ability of the other spouse.
The extent to which the spouse seeking maintenance has reduced that spouse's income or career opportunities for the benefit of the other spouse.
The ability of both parties after the dissolution to contribute to the future educational costs of their mutual children.
The financial resources of the party seeking maintenance, including marital property apportioned to that spouse, and that spouse's ability to meet that spouse's own needs independently.
The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and whether such education or training is readily available.
Excessive or abnormal expenditures, destruction, concealment or fraudulent disposition of community, joint tenancy and other property held in common.
The cost for the spouse who is seeking maintenance to obtain health insurance and the reduction in the cost of health insurance for the spouse from whom maintenance is sought if the spouse from whom maintenance is sought is able to convert family health insurance to employee health insurance after the marriage is dissolved.
All actual damages and judgments from conduct that resulted in criminal conviction of either spouse in which the other spouse or a child was the victim.
C. If both parties agree, the maintenance order and a decree of dissolution of marriage or of legal separation may state that its maintenance terms shall not be modified.
D. Except as provided in subsection C of this section or section 25-317, subsection G, the court shall maintain continuing jurisdiction over the issue of maintenance for the period of time maintenance is awarded.
Is spousal maintenance modifiable?
Spousal maintenance orders filed by a judge after a trial (i.e., orders that are not agreed to by the parties) are presumptively modifiable if a party can prove there has been a change in circumstances that is substantial and continuing. However, divorcing couples can agree that spousal maintenance is non-modifiable.
When does spousal maintenance terminate?
Ordinarily, a spousal maintenance order terminates upon the death of either party or the receiving spouse's remarriage, whichever occurs first.
Is there a formula to calculate spousal maintenance?
No, there is not. See my answer above.
Is spousal maintenance tax deductible?
No, it used to be until a recent change to federal tax law. Generally, spousal maintenance orders filed after December 31, 2018 are not tax deductible to the paying spouse and the receiving spouse does not report spousal maintenance as taxable income.
How is child support calculated?
Child support in Arizona is based on the "income shares" model which assumes that separated parents should support their children financially in proportion to their incomes, based on the assumption that intact families do the same. The Arizona Supreme Court prepares Child Support Guidelines that are reviewed every 4 years. Child support is based on each parent's gross monthly income, a phrase that is defined broadly. In some cases, it is appropriate to impute income to a parent. Arizona's minimum wage is ordinarily the least amount of income a parent will be imputed but, again, each case is different. Child support also includes adjustments for spousal maintenance, the cost of supporting other children from other relationships, medical insurance, child care, children over 12 years old, extra education expenses, and extraordinary expenses for a child with special needs. Child support is also calculated based on the amount of time each child spends with each parent. In cases where the parents have equal time but different incomes, child support can still be owed. The current child support calculator can be reviewed at this link to the Arizona Supreme Court's website.
Is child support tax deductible.
No, it is not.
When can a child support order be modified?
Parents cannnot agree that a child support order is not modiffiable. Arizona law requires a party to prove that there has been a change in circumstances that is substantial and continuing to modify a child support order. Those changes include a change in a parent's income, changes in medical insurance coverage or the cost of coverage, the addition of new children, changes in child care or education expenses, or a change in the amount of time a child spends with a parent. A parent must file a petition to modify the child support order.
When does a child support order terminate?
A child support order terminates when the youngest child subject to the order is emancipated. A child is emancipated for child support purposes when the child turns 18 and graduates from high school, but not later than the child's 19th birthday. An income withholding order (i.e., a wage assignment or garnishment) can be terminated when all child support owed has been paid in full.
How does a parent enforce a child support order?
Generally, a child support order (this also applies to spousel maintnenace orders) can be enforced through contempt proceedings. A parent is in contempt of court when a parent has knowledge of a court order, has the ability to comply with a court order, and has willfully violated the court order. In most cases, the relevant issue is whether the parent had the ability to comply with the order but that is not usually a difficult hurdle to overcome. If a judge finds a parent in contempt of court, the judge can do a number of things including incarcerate the parent, order the parent to pay a purge amount, order attorneys' fees, enter a judgment for unpaid support, and seize property and suspend professional licenses, among other things. In IV-D cases, the State of Arizona ca intercept income tax refunds.
I owe back child support but my children are adults; do I still owe child support?
Yes, under Arizona law unpaid child support is not extinguished merely because a child is emancipated. I have represented men who are still dealing with past child support issues when their children are in their 30's.
How are non-covered medical expenses for my children paid for after I am divorced?
Generally, the Child Support Guidelines require the parents to pay for their children's non-covered medical expenses in proportion to the parents' incomes.
How are the tax credits for my children allocated after I am divorced?
Generally, the Child Support Guidelines require the parents to share the tax credits for their children in proportion to the parents' incomes. There is more to this issue, however, because the federal Internal Revenue Code conflicts with Arizona law regarding the tax credits. It is an issue that requires more time to explain.
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