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Keith  Berkshire Lawyer

Keith Berkshire

VERIFIED
Divorce & Family Law, Child Custody, Child Support, Family Law, Juvenile Law

As one of only 70 certified specialists in the State of Arizona, Keith Berkshire is well versed in all areas of family law, including appellate practi... (more)

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800-938-5770

Steven Jay Miller Lawyer

Steven Jay Miller

VERIFIED
Family Law, Business, Medical Malpractice, Estate, Intellectual Property

Steven Miller proudly serves Tempe, AZ and the neighboring communities in the areas of family law, federal employees, medical malpractice, and estate ... (more)

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800-923-7220

Charles Richard Hallam

Products Liability, Family Law, Corporate, Litigation
Status:  In Good Standing           

O. Joseph Chornenky

Family Law, Corporate, White Collar Crime, Products Liability
Status:  In Good Standing           

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Kevin L Burns

Family Law, Civil Rights, Antitrust, Constitutional Law
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Cody M. Hall

Corporate, Defamation & Slander, Domestic Violence & Neglect, Litigation
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Wendy Raquel Hernandez

Family Law, Collaborative Law, Traffic, Divorce
Status:  In Good Standing           

Rebecca L. Owen

Family Law, Divorce, Child Custody, Military
Status:  In Good Standing           

Phil Hineman

Family Law, Banking & Finance, Child Support, DUI-DWI
Status:  In Good Standing           

John A. Black

Estate Planning, Family Law, Litigation, Medical Malpractice
Status:  In Good Standing           

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LEGAL TERMS

QUALIFIED MEDICAL CHILD SUPPORT ORDER (QMSCO)

A court order that provides health benefit coverage for the child of the noncustodial parent under that parent's group health plan.

GUARDIAN OF THE ESTATE

Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.

CONSUMMATION

The actualization of a marriage. Sexual intercourse is required to 'consummate' a marriage. Failure to do so is grounds for divorce or annulment.

BEST INTERESTS (OF THE CHILD)

The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.

BRIEF

A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

ATTRACTIVE NUISANCE

Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and aba... (more...)
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.

MISUNDERSTANDING

A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the... (more...)
A mistake by both spouses in a marriage that can serve as grounds for an annulment. For example, if one spouse went into the marriage wanting children while the other did not, they have a misunderstanding that will be judged serious enough for a court to terminate the marriage.

DISSOLUTION

A term used instead of divorce in some states.

SAMPLE LEGAL CASES

Kline v. Kline

... B. Pleading Standards. ¶ 13 The Arizona Rules of Family Law Procedure generally apply to all family law cases pending as of January 1, 2006. ... [1] Arizona Rules of Family Law Procedure. [2] It is remarkable that a case so actively litigated would result in a default judgment. ...

Craig v. Craig

... Husband timely filed a motion for new trial or to amend the decree under Arizona Rules of Family Law Procedure 83 and 84. Before the court ruled on Husband's motion, however, Wife filed a notice of appeal. Husband then cross-appealed. ...

Ezell v. Quon

... Quon. Moreover, when Quon failed to petition for review of this court's dismissal of his appeal for lack of jurisdiction, it became the law of the case and he is precluded from challenging that ruling here. See State v. Kiles, 222 Ariz. ...