The Supreme Court of the United States recently ruled on two cases that directly impact how veteran disability pay will now be divided in the divorce context: Howell v. Howell and Merrill v. Merrill (Petition for Review was granted in light of Howell and sent back to Arizona Supreme Court). Interestingly, both cases are from Arizona (and… Continue reading Supreme Court of the United States Issues Opinions in Merrill and Howell, Clarifying Division of Veteran Disability Pay
After writing about the Howell case for a few months now, the Supreme Court of the United States issued its Opinion today! Written by Justice Breyer, the Court unanimously agreed with Mr. Howell. Here is the link for the SCOTUS Blog article summarizing the opinion and it has a link directly to the opinion. We are… Continue reading Howell Update: Unanimous Decision
This case is interesting because it clarifies the gift presumption as it applies to community expenses paid with separate property after the community is terminated. It is also important because it eliminates the issue of using different attorney's fees standards in family court once and for all. This is actually a big issue when it comes to pre-nups because many pre-nups have a clause stating that some other attorney's fees standard will be used other than the one in A.R.S. § 25-324. Finally, this case is important because it shows that nothing really matters if you waive a claim. It is exceedingly important to include all relevant claims in petitions and pre-trial statements, otherwise you lose them.
Simply put, an appeal is a request to the court of appeals to review a trial court’s decision for legal error. An appeal is not a request to the court of appeals to re-examine the evidence and make a new ruling. See Tucson Sch. Dist. No. 1 of Pima County v. Soder, 7 Ariz. App.… Continue reading What is an appeal?