Getting an Emergency Order in Family Law Cases

Lately I have been inundated with client's who are in need of emergency orders in their family law cases.

Most of them have stemmed from alcohol and/or drug abuse by the other parent and the obvious concerns regarding that parent's fitness to have unfettered parenting time with a minor child.  

In order to get an emergency order, it must be demonstrated to the Court that an irreparable harm will occur to the children if an emergency order is not issued.  A parent suspected of being addicted to drugs and/or alcohol will almost always meet this burden.

The process of getting an emergency order however is timely and thus costly.  First, a verified motion must be drafted.  Secondly, the attorney must go down to the Court and file the motion (as opposed to having his daily runner do it) and then walk it to the assigned Judge.  It typically takes anywhere from an hour to 3 hours of waiting by the attorney for the Judge to make a ruling and/or make time to have the attorney appear in the courtroom and further explain the situation.

If the Judge grants the motion, an Order will be issued along with a date for an evidentiary hearing.  The Order along with the original motion need to then get served on the other party.  Both parties will then have to appear at the evidentiary hearing so that the Court can hear both sides of the argument.


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Divore Statistics

Here are some interesting divorce statistics:

AGE AT MARRIAGE FOR THOSE WHO DIVORCE IN AMERICA*

Age                                Women              Men

Under 20 years old         27.6%              11.7%
20 to 24 years old           36.6%              38.8%
25 to 29 years old           16.4%              22.3%
30 to 34 years old           8.5%                11.6%
35 to 39 years old           5.1%                6.5%

DIVORCE STATISTICS IN AMERICA FOR MARRIAGE*

First Marriage           45% to 50% marriages end in divorce
Second Marriage      60% to 67% marriages end in divorce
Third Marriage          70% to 73% marriages end in divorce

DIVORCE RATES DEPENDING ON WHETHER THERE ARE CHILDREN**

Couples With Children         40%
Couples Without Children    66%

MISCELLANEOUS STATS RELATED TO DIVORCE***

Description                                                 Statistics

State with the lowest divorce rate:             Massachusetts (2.4 per 1,000 population)

State with the higest divorce rate:              Nevada (9.1 per 1,000 population)

% of US pop that is divorced:                    10%

Mean age at first divorce:                          For Males: 30.5 yrs.
                                                                   For Females: 29 yrs.

Median age at second divorce:                  For Males: 39.3 yrs.
                                                                   For Females: 37 yrs.

Median number of years people wait
to remarry after their first divorce:              For Males: 3.3 yrs.
                                                                   For Females: 3.1 yrs.

Average length of divorce proceedings:    1 year


Sources
* Jennifer Baker, Forest Institute of Professional Psychology, Springfield
** Discover Channel
*** Divorce Magazine


Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Why you should never let a default be entered against you

In many divorce cases that I am involved with, one party does not answer the initial petition, which leads to a default judgment being entered against them. They do so at their peril.

Most initial petitions filed in a divorce case are void of specifics, instead using language like, “the parties’ community property and debts should be equitably divided.” Equitable division is not the same as equal division. If you have been defaulted upon, your right to argue what is equitable is extinguished.

A perfect example of this is a recent case I have been retained on by a Husband, who recently graduated from medical school. He allowed a default to be entered against him, only to discover that at the default hearing his Wife claimed that an “equitable” division of community property and debts needed to take into account the value of his medical degree.

Subsequently, Mother was awarded almost all of the community property, with Husband being awarded almost all of the community debt. The difference was close to $400,000.00.

I am now trying on behalf of my client to set aside the default judgment and undo what was done, a far harder process than if he had not allowed the default to be entered and had made his case before the Court.

The moral of the story is, never allow a default to be entered against you. You may think you understand what the outcome will be, but you’ll probably end up being unpleasantly surprised.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

Estate Planning - Are you Prepared?

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com

The Tucson Tragedy and the Need to Have Estate Planning Documents

With the recent events that transpired last weekend in Tucson, it reminded me of the importance in stressing to people, young and old, the need to have your estate planning documents in order.

Do you have a Will, Trust, Living Will, Health Care Power of Attorney and General Power of Attorney?

If you were one of the many victims in need of urgent medical care do you have someone appointed to make medical decisions for you if you were unable?

If you were one of the unfortunate people who did not survive the tragedy will your estate be divided as you wanted? Will your choice of a guardian for your children be clear?

In this uncertain world you never know what will happen. You can only try and be prepared.

Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com