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“I just need some space in the relationship and a chance to think things over.” If you have not heard this in a relationship you may know someone who has. While sometimes “space” can help a relationship, when there are children involved and space “space” means your spouse and children traveling to a different state to “think things over,” you cannot be too careful. What happens if your spouse decides to file for divorce in the other state? Which state will have jurisdiction over the divorce and decision regarding the custody and parenting time your children? Will your children ever come back to Arizona?
Sadly, I have seen many of these cases and the answer to most of these questions comes down to a time. The length of time a person must be domiciled in a state before the state has jurisdiction in a divorce varies according to the laws of the state. In contrast, the length of time a parent must be domiciled in a state before that state has jurisdiction to determine child custody and parenting time is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”). According to the UCCJEA, a child’s “home state” is defined as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding.
For example, say a family has lived in Arizona for five years. The husband takes the child to Colorado. So long as the husband has not been in Colorado for more than six consecutive months with the child, then the wife can file in Arizona, and Arizona will likely hold jurisdiction over the child custody and parenting time portion of the divorce.
This is only a basic example of the UCCJEA. The UCCJEA is far from simple, and depending on the exact circumstances of the case, the outcome can vary. If you or someone you know is faced with such a situation, I highly recommend speaking with a lawyer with extensive UCCJEA experience.
Many of the cases I have handled have resulted in happy reunions of a worried parent with his/her children. But often the timing has been very close. If your spouse is wanting out of state “space” with the children, you need to think carefully before allowing this to happen. The results of a few months of “space” may have long lasting effects in your and your children’s lives. If you need help please contact me at (480) 833-1113.
When an auto accident happens that is not your fault, you have decisions to make. The better you do on those decisions, the better (and easier) your case can go. The opposite is obviously true, too. Here are some GREAT ways to mess up your accident case: 
1. After the accident, don’t bother calling the police to the scene, as they are way too busy to come, investigate what happened, and interview the drivers and witnesses. No one ever changes their story the next day about how the accident happened, nor changes their mind on accepting responsibility, so it is always okay to trust the other driver who caused the accident.
2. Don’t bother with going to the emergency department right after the accident, even if the paramedics at the scene recommend you do so. What do they know anyway? You are more than qualified to take care of your own medical needs, especially your injuries from trauma. Just go home and lay down for a while.
3. When you wake up the next morning, in significant pain, wait as long as you can to call your doctor (see #2). Your pain may just magically go away in a few days, and you wouldn’t want anyone to think you were a big baby.
4. If you do finally get around to making an appointment with your doctor, be sure to not tell him or her about ALL of your injuries and symptoms. Any qualified doctor should be able to figure out or guess what’s bothering you, right? And be sure to give your doctor a slightly different version of what happened in the accident, too.
5. When your doctor prescribes x-rays, medication, therapy, or wants you to return for follow-up exams, wait a long time before following those instructions or returning so that your medical records have long gaps in between treatments (see #2). See if you can also get your records to have the word “non-compliant” appear in them.
6. Seek advice from your family, friends, co-workers, tow truck drivers, or even someone you just met about what to do after an accident, rather than a lawyer experienced in accident cases. After all, everyone knows someone who knows someone who knows someone who was in an accident, and they would know better.
After an accident, please give me a call at 480 833-1113. I would be happy to help you make the right decisions, even if you don’t need to hire an attorney.
Paul Rowley spends much of his week at his busy law firm as the managing partner or in Superior Court arguing cases.
However, as the need arises Paul preps pre-flights and fuels his Piper Dakota aircraft for relief missions in Arizona with the nonprofit Flights for Life and Baja Mexico with the Tucson Chapter of the Flying Samaritans.
Attorney Rowley will transport supplies, dentists, physicians and their assistants to remote areas in Baja Mexico where the Samaritans conduct free clinics to the locals who cannot afford health care. 
The physicians and dentists have saved lives and treated patients who otherwise would have really no quality of life.
Attorney Rowley serves as a pilot, interpreter and triage person where he takes medical histories, blood pressure, blood sugar, temperature, current complaints and symptoms in Spanish. The clinic patients range from babies just days old with serious disease and infections to older Hispanic patients with broken bones, high blood pressure, pelvic problems, heart problems, diabetes, infected mouth and dental disease.
The Samaritans provide these services at no charge. Paul donates his time and aircraft pro bono.
There is a great reward in giving to others and making their lives a little better. Paul is just one of many others who give so much.
Paul also flies blood and platelets to outlying areas as the need arises. This service is with Flights for Life.
Mr. Rowley is no stranger to volunteerism. He continues to serve with the Maricopa County Sheriff Divers Posse as a volunteer diver to recover drowning victims.
Edwin Markham once said “There is a destiny that makes us brothers and sisters, none goes his way alone; what we put into the lives of others comes back unto our own.”
1. Be faithful to your spouse.
2. Be careful where you leave your golf clubs, especially after your wife discovers your infidelity.
3. Be honest with your spouse. She should be able to read your text/email messages without reservation.
4. If you are getting married and have a high net worth have your spouse sign a prenuptial agreement. Arizona is a community property state where assets accumulated during the marriage are jointly held absent a valid prenuptial agreement.
5. If you cheat on your wife and she demands to modify the prenuptial agreement in order to stay married to you, you both need counseling. ie “I will stay married to you for $20 million dollars deposited into my separate account.”
6. What is the first thing you do after you discover your husband is cheating-Call your lawyer.
7. Don’t take ambien and vicodin before you drive.
8. Don’t leave your house at 2 a.m and hit the driveway fence, fire hydrant then a tree and say your wife bashed in the back windows of your Escalade to rescue you.
9. If you are worth $600 million dollars and you have multimillion dollar sponsors, maintain your reputation, act and live your life so people will admire and trust you and will buy the products you endorse.
10. Don’t believe everything you read from the media; we weren’t there and we don’t know the real story.
In closing, any tragedy like Tiger’s recent events is hard on anyone and especially Tiger and his family. Hopefully the Woods family can work through this and learn from it. Children and spouses are innocent victims. Let’s don’t be judgmental or critical. Let’s wish them the best and learn from this experience.
It is an ancient saying that, according to the words that are written will the world be judged. This statement is at least true for many who take their matters before a court for a determination of their rights and interests. While courts also decide on matters not in writing, written words are generally far superior in a court of law than any oral or implied understandings between parties.
Consider a story I heard recently from an acquaintance. The man went into business with his best friend, and the two agreed to hold equal shares in the company. Things went well for a while, and the partners were profiting from their joint efforts. Because they were such good friends and shared a mutual trust, they chose not to put in writing the different agreements they made with respect to the business. Eventually the relationship went south, as they say, and the “best friend” usurped control over the entire business. He later threatened to sue the other partner, claiming no agreement ever existed. Now my acquaintance is eager to recover his share of the business profits, but with nothing in writing to show his entitlement, he may have a difficult time proving what belongs to him. He learned the hard way the importance of putting an agreement in writing—even when working with a close friend.
Even where parties to an agreement trust each other completely, and that trust is never lost, they would still be wise to put their agreements in writing. This ensures that each party clearly understands the intent of the agreement and protects against any confusion that may arise from inaccurate memories or other misunderstandings. If the agreement is later contested, a well-crafted agreement can potentially save the parties significant time and money that might otherwise be expended in fighting over the parties’ intent. Another inherent benefit to a written contract is that it is generally subject to a six-year statute of limitations (compared with a three-year statute for an oral contract), meaning it might be enforceable for a longer period of time following a violation of the agreement.
At Rowley Chapman Barney & Buntrock, we are experienced in many areas of law where clear written documents are more of a necessity than they have ever been. From wills to contracts to plea agreements to divorce petitions to accident settlement agreements, we are equipped to handle your legal needs and protect your interests in nearly any relationship or situation. If you are to be judged by the words that are written, let us help you write those words so you will be satisfied with the judgment.
If faced with a foreclosure of your home or rental property, there is some good news. Arizona’s antideficiency statute, A.R.S. § 33-814 provides some relief. When a real estate loan secured by a deed of trust goes into default, the lender can elect to proceed with a trustee’s sale of the property to enforce its lien rights. The trustee’s sale of the property is commonly referred to as the “foreclosure sale”. If the sale price is less than the current loan balance, a deficiency occurs. However, the lender may not pursue the borrower for this deficiency if all the following criteria are met:
the property is residential property with one or two families able to dwell in the property;
the property is 2.5 acres or less
the property was occupied by the owner or a tenant and
the loan was used to purchase or improve the property.
Currently, even if the property is a rental and not your residence, the ant-deficiency statute will apply if the above criteria are met.
If you need legal assistance call Shane Buntrock at (480) 833-1113 to set up an appointment.
Well, here we go again, another article from the divorce attorney about what to do to keep your marriage healthy, happy and terrific. After 24 years of working with people whose marriages have failed, here are some tips to avoid a painful, expensive and acrimonious divorce. See what you think!
1. Nurture Your Relationship with Your Spouse.
• Have a weekly date night.
• Treat your spouse with kindness and respect.
• Tell your spouse you love him or her.
• Remember how you originally fell in love with each other and why.
• Always focus on strengths and good qualities, don’t dwell on negatives.
2. Be faithful to your spouse.
You married forever and pledged to be one. Recommit to that promise. If you have had “office flirtations,” or e-mail and texting temptations with someone from the opposite or same sex, STOP NOW, it is not worth it!
3. Avoid all forms of pornography in your homes and in your lives.
Pornography is an evil cancer that destroys your feelings for your spouse and will destroy your marriage.
4. Always be honest with your spouse.
Your spouse is your best friend; he or she should be treated that way in thought, word and deed. Don’t have secrets or be ashamed to tell your spouse what you do.
5. Avoid all forms of gambling.
Gambling is really a “no win deal”, it costs you money, is addictive, takes you away from the home and will take your focus and energy away from the home and your sweet spouse.
6. Stay out of debt!
Or get out of debt if you have debts. Debts are financial bondage, that if not managed correctly, reduced and eventually paid off, can cause stress and depression in your marriage. Remember, a wise person once said “Eat it up, wear it out, make it do or do without.” Avoid misuse of credit and credit cards. Control your spending habits, your spouse will love you even more!
7. Keep your faith.
Remember that spiritual help is there to help you through tough and good times. Whatever religion or beliefs you have, ask for spiritual guidance and strengths daily.
8. Have good friends.
Another wise man once said “Tell me who your friends are and I will tell you who you are.” Associate with good, honest, solid, faithful friends and your marriage will be strengthened.
9. Avoid ALL addictions!
Avoid misuse of drugs/alcohol and prescription medication. These stimulants, depressants, or psychotropic medications unless under a physicians order, can take hold of you, change who you are, and numb or desensitize you!
10. Exercise.
It will keep you in shape, help you lose weight, prolong your life and help you feel better about yourself. Do fun family activities with your spouse and/or children or even your dog. Walk, jog, swim, bike, hike, jump rope, etc.
Well, these 10 tips may just help your marriage and you feel “Healthy Happy
and Terrific.”
If you feel like your marriage is “on the rocks,” try harder and follow these suggestions. If you still need legal advice, give me a call at (480) 833-1113 to set up an appointment.
Welcome to the Rowley Chapman Barney & Buntrock blog site. We hope to share many interesting and informative articles with clients, friends and colleagues. We would appreciate comments and feedback to what has been posted here.
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