Arizona,Roadmap,Divorce,Part,G law Arizonas Roadmap to Divorce, Part 2: Getting Started and Kn
Bankruptcy is a situation, wherein an individual is termed as unable to discharge all the debts. When a person or a company is not able to pay off its creditors, it has an obligation to file a bankruptcy suit. In fact, a bankruptcy suit is a When you work with an attorney, you will have no problem reducing the risks associated with getting your case in front of a judge and jury, or other formal court, when you need to. However, every case is different. It is important to work wi
In Part 1 of this roadmap to divorce series, we introduced the first nine steps, as the case winds its way through Arizonas family court system. #10: Best Interests Attorney.A party may ask that a Best Interests Attorney (BIA) be appointed for the child the focus is on the child, not the parents. Acting independently, the BIA makes recommendations to the court on what is in the childs best interests. Once appointed, the BIA is included on all court dates, reports, pleadings, and essentially every issue involving the child.#11: Temporary Orders.When a case is pending, the court may issue interim orders for relief as needed prior to trial. These Temporary Orders govern the parties actions while the case is ongoing. In these interim orders, the judge may address parenting time, child support, spousal maintenance, and other issues needing expedited attention in the case. #12: Resolution Management Conference.Either party may request a Resolution Management Conference (RMC), although the court may decide on its own initiative whether to schedule an RMC. This conference is used for scheduling court dates, deadlines, and trial dates. The RMC provides the parties with a roadmap for the remainder of their case. Mediation, ADR Settlement Conferences, discovery response deadlines, and other dates may be set at the RMC.#13: ADR Settlement Conference. Alternative Dispute Resolution (ADR) often helps parties settle issues without the need for trial. When an ADR Settlement Conference is scheduled, a commissioner or judge pro tem is appointed to oversee the conference and offer an opinion on the likelihood of success of each partys position. The opinion isnt binding on the parties, and the judge assigned to their case isnt a participant. This conference can be very useful in resolving cases and can lead to breakthroughs in negotiations.#14: Mediation.Another form of ADR is Mediation. The parties meet with a Mediator and discuss remaining issues to again attempt total or partial agreement. The parties attorneys are not permitted to attend the session. Mediation is confidential -- what is discussed is not divulged to anyone, not to the attorneys and not to the judge in the case. When private Mediation is arranged for, any issue may be mediated. In Arizona, the court may order Mediation of parenting time issues as part of a court program. In any case, when an agreement is reached on any or all of the issues, the Mediator memorializes the agreement and forwards it to the judge to sign as an order.#15: Parenting Conference.Either party may also request that the court schedule a Parenting Conference with a court-appointed provider. As with Mediation, the parties attorneys do not attend the Parenting Conference. Matters raised in the conference may be addressed by the court, however, so it is not a confidential process. At the conclusion of the conference, the provider issues a report to the court with his or her findings and conclusions. #16: Trial Litigation.When the parties simply cannot resolve every issue in their family case, a trial becomes necessary. And trials involve risk. There is no certainty on how a judge will decide an issue. In every trial, the decision-making authority is relinquished to the judge it is no longer in the hands of the parties.Appeal. If a party disagrees with the trial courts decision, then he or she can appeal by right. Realistically, though, the success rate on appeal is very limited. A reversal of the trial courts decision may occur if the judge was clearly out of bounds, having reached a decision that was unsupported by the evidence adduced at trial. A reversal might also occur when there is newly discovered evidence. In most appeals, however, a judges trial decision will not be overturned unless there was clearly an abuse of judicial discretion. Consequently, most trial decisions are final.That probable finality, in and of itself, should sufficiently encourage the parties to put aside their hostilities and, instead, sincerely attempt settlement while they have decision-making control of their case.
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