Swiren & Witzleb, PLLC

11/17/2021

Mediation is simply where you sit down with a third party that has nothing to do with the case, and nothing to do with you or the other side, in an attempt to work out an agreement between the parties.

The biggest misconception is mediators make a decision for the litigants. They do not. A litigant does not have to agree to anything the mediator wants the litigant to agree to, and a litigant can leave mediation at any time.
But mediation is a process, and often times it achieves a successful result.
If you are interested in amicably resolving your divorce or child custody issue with a mediator, schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:

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10/21/2021

Discovering Hidden Assets in a Divorce

Throughout the marriage, or when a couple is ending their marriage, one spouse may try to hide assets from the other spouse, or a spouse may forget to disclose and asset. The other spouse may be able to discover these hidden assets by review of tax returns, paystubs, banking records, or other financial records.

For example, on the eve of filing for divorce, husband cashed out stock through his employer and deposited the funds into an unknown investment account. Locating the funds was only possible by issuing a subpoena to husband’s employer to obtain his stock records, which showed he sold his shares days before filing for divorce and requested the profit be deposited into his newly opened investment account.

People who believe their spouse is hiding assets may want to discuss the situation with an attorney. Most divorces are resolved through settlement but hiding assets or other actions indicate a lack of cooperation and the case may ultimately require court intervention. Because Arizona is a community property state, each person is entitled to an equitable share of marital assets, which normally means an equal share.

If you have concerns that your spouse may be hiding assets, schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:

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09/20/2021

What should you do if you are considering divorce?

Manage Your Mental Health

Divorcing your spouse does not immediately solve emotional issues surrounding your relations with your spouse. You should consult with a licensed therapist to manage your mental health in the midst of a divorce, and manage your expectations post-divorce.

Gather Your Documents

You will want to start gathering documents needed for a divorce such as tax returns, bank statements, credit card statements, etc. Spouses who may find themselves suddenly ousted from the marital residence may have trouble gaining access to documents that are only stored in hard copy at the residence. If you have any documents stored in the house, particularly those pertaining to any property you inherited or you acquired prior to marriage, you should make back-up copies and store them outside of the house.

Manage Your Divorce Expectations

Meeting with a divorce attorney may help to provide insight on likely outcomes based on your specific scenario.

Schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:

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09/01/2021

Parenting Time- Nesting Arrangement
Parents who want to consider innovative parenting time arrangements may consider trying a “nesting” arrangement. Nesting is an arrangement wherein the kids stay in the family home — or nest — while the parents take turns moving in and out of the house during their respective parenting time. This affords the children stability of remaining in their home during the transition period.
When parents are not at home with their kids, they live in a separate home or apartment. Nesting is only advised for a short period, as it may confuse the children or lead them to believe their parents will reconcile.
Besides nesting there are several other types of parenting time arrangements that can benefit individual families and their needs. Schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:

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07/23/2021

Question:

What happens if a spouse does not pay the debt they are ordered to pay in the Decree?

Answer:

A Divorce Decree should assign all debts to one party or the other, or provide provisions on how the parties are to pay the debts. If the spouse assigned to pay the debt does not pay it, the creditor might still try to collect from the other spouse. This is because the creditors are not parties to the divorce and, thus, cannot be bound by the orders in the divorce. It is very possible the spouse who is NOT ordered to pay the debt will pay it to avoid negative credit reporting against him/her, or the creditor could garnish the non-responsible spouse's wages or accounts to collect the debt. If a spouse ends up paying a debt assigned to the other, voluntarily or through garnishment, he or she may have the "right of indemnification" against the other spouse -- this means he or she can seek reimbursement from their ex. If a spouse's credit score is negatively impacted the failure of the spouse to pay a debt assigned to him/her, the first spouse may have a civil claim for damage to credit.

To discuss this issue with an attorney, schedule an appointment with Swiren & Witzleb, PLLC:

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05/11/2021

Did your lawyer forget the frequent flyer miles? Lots of lawyers do. Airline miles have value, and a lot of times the airlines will not let you divide them up in a divorce case because those miles belong to the airline and they let the person who earns them use them – and only that person. Occasionally the airline will let you divide them, but if not, you must put a value on them. If the airline will allow division, there will likely be a fee, which must be addressed as well. Do not let your lawyer forget the airline miles.

04/08/2021

Question:

If both parents have the same amount of parenting time with the minor children, i.e. 182.5 days, does anyone have to pay child support?

Answer:

Probably so. There are five (5) factors that go into the payment of child support, only one of those factors deals with parenting time. So as a general rule, if you are spending equal parenting time with the children, if any one of those other factors are not equal, then one parent is going to owe child support to the other parent.
The important thing to remember is child support is for the benefit of the children. It is not a punishment for the parent paying child support nor is it a reward for the parent receiving the child support.

To discuss child support with an attorney, schedule an appointment with Swiren & Witzleb, PLLC: https://calendly.com/swlawaz

03/10/2021

Swiren & Witzleb, PLLC is proud to announce its 1st anniversary. Established in March 2020, Swiren & Witzleb, PLLC practices family law in Arizona. The firm has represented clients around Arizona in family court matters. The firm is committed to providing outstanding client service and helping clients achieve favorable results in family law matters. Schedule an appointment with Swiren & Witzleb, PLLC to discuss your family law case:
https://calendly.com/swlawaz

02/08/2021

Arizona is a “no-fault” divorce state, but what does that mean?

When marriages come to an end it may be because one (or both) spouses committed infidelity, it may be because one spouse is an abuser, or it may be because the marriage is no longer tenable. A handful of states require one party to demonstrate the other party is responsible for the end of a marriage.

States – like Arizona - that allow a no-fault divorce do so in hopes it will reduce litigation by removing the need to prove fault. In Arizona, the courts do not need to know who broke the marriage, they just need to know it is broke.

The benefits of the no-fault standard are you can focus on what is best for your children, your arguments or information needed to reach your goal are reduced, and cases are generally settled without an additional burden to prove who committed the wrongdoing.

Your spouse’s bad behavior may still need to be addressed with the court if it impacts child custody, or if your spouse used community funds on bad behaviors such as affairs or gambling.

Schedule an appointment with one of the attorneys at Swiren & Witzleb, PLLC to discuss your options:
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01/08/2021

New year new you? While 2021 may have gotten off to a bumpy start, you still have time to evaluate your relationship and decide if it is time to make changes.
Divorce filings typically surge in Arizona in January. Some spouses hold it together for the holidays so as to not ruin the festivities for their family and friends. Other spouses view the new year as a mechanism to renew their failing relationship. 2020 placed an added strain on people’s relationships – which may increase the amount of divorce filings exponentially.
The mechanics of getting a divorce are fairly simple, but covid-19 will inevitably impact the swiftness of this process. To preserve your place in line, and have any chance of being divorce din 2021, you should file now.
The attorneys at Swiren & Witzleb, PLLC are happy to meet with someone considering a divorce and provide our advice and feedback regarding your options. Schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:

https://www.youtube.com/watch?v=WQq98YPV8yk

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12/10/2020

Are you hoping to relocate to a new state (or a distance over 100 miles) with your child? Maybe you or your new spouse have a new job opportunity in another state, or you miss living by family, or you want out of the blistering Arizona summers. Although these are genuine reasons to move, these factors may or may not be enough to persuade the court to allow a relocation request. A.R.S. § 25-408 governs factors for relocation, including requirements which must be satisfied before a parent relocates. Depending on the legal decision-making order, a parent may or may not be required to follow certain procedures. The attorneys at Swiren & Witzleb, PLLC are happy to meet with parents who seek to relocate or oppose a relocation and provide our advice and feedback regarding your options. Schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:
https://calendly.com/swlawaz

08/27/2020

When in doubt, throw it out!
Not only does this saying apply to Marie Kondo-ing your house, it can also apply to your bad relationship. Are you worried about what the divorce process will look like? Are you concerned your ex will make your life unlivable during the process? Or do you have concerns that you will not be treated fairly?
The attorneys at Swiren & Witzleb, PLLC have years of experience with toxic partners, and can help you navigate the family law courts in Arizona. Schedule an appointment with Swiren & Witzleb, PLLC to discuss your options:
https://calendly.com/swlawaz