Understanding Arizona Family Law
Resolving cases affecting families and children including divorce, legal decision making, and child support, Justin Tash, one of the founding partners of Burggraff Tash Levy PLC, provides insight into navigating the complexities of family law issues in Arizona, including child custody, support, and divorce. In this interview, we focus on divorce litigation.
My name is Justin Tash and I am one of the founding partners of Burggraff Tash Levy PLC. We are located in Arizona and focus our practice on family law. We help clients navigate issues like child custody, child support, and divorce here in Arizona.
My partners, Randi Burggraff and Bryan Levy, and I started our firm under the premise of helping clients through their family law cases as efficiently and affordably as possible. We focus on helping our clients reach the best resolution they can. Sometimes this means reaching a settlement. Other times this means litigating the issues before the court. In either case, we are “family law lawyers dedicated to helping you move forward.”
What is divorce litigation?
Divorce litigation really refers to the overall divorce process. From initial filing to final resolution and everything in between. But I think people more commonly use the term when they are talking about “taking their case to trial.” Or, asking the court to intervene, or attending an evidentiary hearing before the court.
Colloquially, people tend to take stages like divorce mediation and divorce settlement conferences out of the umbrella of “litigation.” But, mediation and settlement conferences are still part of the litigation process.
How long does divorce litigation take in Arizona?
This can truly vary depending on the case, what is disputed, and how much help you need from the court to reach a resolution.
If a settlement is reached, it can be over as quickly as sixty days.
If there are several disputed issues, then there is a need for additional discovery to gather the right information to resolve the case.
If the parties are unable to reach an agreement, then they will likely have to take their case before the court and ask the judge to resolve the case for them.
Depending on how much information you need to gather, if you need to engage experts to review or present the information and if you need multiple days for your trial, divorce litigation could take several months or even years.
Is divorce litigation costly?
Divorce litigation can be very costly. It is important to work with your attorney to discuss costs. Discovery is a good example of when to discuss options with your attorney. Often, there are multiple ways to obtain information. Some are more expensive than others. Discuss those options with your attorney and always do a cost-benefit analysis when deciding what options to explore.
Evidentiary hearings are another area that increases costs. There is a lot of work to be done in order to prepare for an evidentiary hearing. So, many times, it is better to explore a settlement. While I agree that settlement isn’t always available in family law, people can always try. Even reaching an agreement on a couple of smaller issues can save time—and money—in preparing for trial.
Is there any such thing as a “good” divorce?
Absolutely! You really just have to understand and set the baseline for what a “good” divorce is. From there, you have to actively work to stay on course and work to achieve a good divorce. My partners and I cover this concept in our book “Does a Good Divorce Really Exist?: Absolutely!” It can be purchased here.
Burggraff Tash Levy PLC
8980 E Raintree Dr #110,
Scottsdale, AZ 85260
Ph: 480-568-4406
Fax: 480-361-6181
Published by: www.lawyer-monthly.com
4 April 2024 at 16:08
