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Civil law is the branch of the law which deals with disputes between individuals and organizations. In civil law, the resolution of the issue often involves the awarding of compensation, either monetary or by something else of value to the party, to the prevailing party.
Rich Zawtocki is the primary civil litigation attorney for Zawtocki Law offices. He handles the following types of civil law cases:
- Contract drafting and review
- Debt collection and judgment enforcement
- Personal injury claims including:
- Wrongful death claims
- Motor vehicle collisions
- Motorcycle and RV collisions
- Bicycle and pedestrian injury cases
- Slip and fall and other injury claims which occur on commercial and private property
- Dog bites and other injuries caused by pets and animals owned by others
Unfortunately, domestic violence and harassment are real issues in today’s society. If you are in danger at this time, call 911 and get to a safe place. In Arizona, you can find resources at azpoint.azcourts.gov. You can also request a protective order which are issued on an emergency basis.
- Orders of Protection (between family members or romantic partners)
- Injunctions Against Harassment (between non related persons)
- Injunctions Against Workplace Harassment (between an employer and worker)
- Domestic Violence, Arizona Supreme Court
If you have questions or want representation, call our offices.
Under Arizona law, a divorce cannot be finalized for at least 60 days after the initial divorce papers are served on the non-filing party. If all issues are resolved by settlement at the end of the 60-day waiting period, the divorce can be finalized at that time. Cases take longer when the parties have more complex issues. One or both parties may need time to understand their rights and what options may work best.
At the initial consult we will have more information about your situation which will help us to better answer this question. Many divorcing couples with no children in common and no real estate, business interests, or retirement accounts can get divorced quite inexpensively. When the case involves minor children, support, real estate, retirement accounts, business interests or other complicated assets, the husband and wife would each be well-advised to have a family law attorney representing.
Collaborative Law refers to a non-adversarial legal process used mainly in family law matters—such as divorce, child custody, or property division—where both parties and their attorneys agree to work together cooperatively to reach a settlement without going to court. Each side hires their own collaboratively trained lawyer. All parties sign a participation agreement committing to open communication, full disclosure, and a shared goal of resolving issues respectfully. Instead of litigation, the process happens through a series of structured meetings involving both clients and both lawyers—and sometimes neutral professionals like financial specialists or counselors.
Zawtocki Law offers collaborative law services as a cooperative, problem-solving approach to resolving disputes—especially family-related ones—rather than a combative courtroom approach.
The parents can agree or the judge will decide this issue. If the Judge is making the decision, the judge may send the parties to a mental health provider or court conciliation services professional who will help the judge make this difficult decision.
In Arizona, custody is known as legal decision making authority. The judge considers many factors, including the parents’ wishes; which parent has been the primary caregiver; the children’s adjustment to each parent and to home, school and community; the children’s wishes (in some cases); and which parent is more likely to allow the other parent a relationship with the children. The judge will also take very seriously any history of domestic violence, substance abuse, and whether a parent keeps the child from the other parent without a valid reason.
Joint legal decision making authority is shared decision-making and will be appropriate for many families.
Sole legal decision making authority gives one parent decision making authority. This may be appropriate in situations where one parent is not involved or when one parent is not capable of co parenting in an appropriate way.
Arizona does allow spousal maintenance in divorce cases, depending on the law and guidelines. Spousal maintenance and alimony are the same. The parties can reach an agreement on whether to have a spousal maintenance award to one party as well as the amount, duration, and whether it is modifiable. If the Judge is deciding, A.R.S. 25-319 and the Spousal Maintenance Guidelines and Worksheet are applied. Factors to consider include the incomes of the parties, length of the marriage, assets and resources being divided, ages of the parties, and other factors.
Spousal maintenance (alimony) is a consideration in divorce and legal separation cases. The parties can agree whether or not spousal maintenance will be paid in their case, and what the amount and duration will be. If they are not in agreement, a party can ask the judge to decide if spousal maintenance is appropriate to the parties’ situation, what the award will be, and for how long. The judge will consider the current statute, A.R.S. sec. 25-319, Spousal Maintenance Calculator, and the facts of the case in making the decision. Factors include, but are not limited to, the income and resources of each party, the ages of the parties, and the length of the marriage.
Parenting time is the amount of time a child will spend with each parent for regular time and for holiday time. Parenting time arrangements can range from equal time with each parent to the children living primarily in one home. The parenting time will be based on the best interests of the children. The parties and the court need to consider where parents live, their work schedules, and many other factors.
Child support is governed by the Arizona Child Support Guidelines. It is calculated using a formula outlined in the Guidelines after many variables are determined by agreement between the parties or by a judge following a court trial. These include: gross income for each parent, cost of supporting children not common to the parties, whether spousal maintenance (alimony) is paid or received, cost of child care, cost of medical insurance, parenting time schedule, and age of the child. Calculations can be prepared in an initial office consultation based on the information you provide us.
Your house could be your separate property, your spouse’s separate property, community property, or a combination of these. We have experience in determining how your property should be characterized. Zawtocki Law can also help you understand your rights and obligations. For some people, it is appropriate to sell the house for financial reasons or to have a fresh start. For others, it is appropriate for one party to keep the house. We can help you understand the benefits and disadvantages of the different choices you can make regarding your house and real property.
Yes. We can start with consultation and document preparation. If you need it, we can change the representation to full representation. If the legal matter permits, we could also change to limited scope representation.
A guardianship is a legal process to appoint a guardian for an adult or child, known as a ward, that needs a caretaker. The guardian must be a responsible adult who agrees to be appointed. The guardian will have to sign statements that they understand their responsibilities and fingerprint clearance is required for some guardians.
A conservatorship is a legal process where a conservator is put in charge of someone’s finances when that person is not able to manage it on their own. A conservatorship is often required and established when a minor is awarded money in a personal injury case. The award of money is placed in a special bank or investment account. The conservator is required to protect that money until the child is an adult.
A conservatorship is also used for a minor child or an incapacitated adult when that ward has money but is not capable of managing those funds. The guardian and conservator can be the same person, but don’t have to be. A conservator ship is different then being a representative payee for someone receiving Social Security Disability or SSI.
At the initial consult we will explain the costs that the court will charge. We will also explain our hourly fee and anticipated fees for the case.
An adult (potential ward) may need a guardian when the adult is not capable of taking care of his or her own personal care, finances, medical decisions, and other adult needs. The person who wants to serve as guardian can file when the ward is 17 ½ years old or older. The guardian has to be able to handle the responsibility of taking care of the adult ward.
A child may need a guardian because the parent is not available or not capable of caring for the child. The ward and guardian do not need to be related. Guardianships are often by consent. For example, a parent may agree to their child living with another family so that the child can continue to attend school when the parent is deployed in the military or on a temporary work assignment out of the area. A guardianship may also be in the child’s best interests if the parent or parents are not capable of properly caring for the child. Alternative legal options may be third party custody (also known as in loco parentis, severance and adoption, or dependency (foster care or kinship care).
Dog bites can cause a variety of injuries. Have your claim reviewed to determine if you can recover your damages under Arizona law.
That is often a complex question with the answer resting in the specific facts and issues involved in your situation. In general, if you are faced with a legal issue and are asking yourself this question, it will be in your best interest to meet with an attorney. If you have questions about a personal injury or family law matter, call our office.
In your initial consultation we will learn about your situation and will be able to help you understand your legal rights and obligations. We will also discuss your legal options with you and help you to assess them so that you can decide what is the best course of action for you to take to arrive at a favorable resolution of the issue. We have found that, often, your legal issue will affect other facets of your life, such as your family, your job or business and your resources. We can help you prioritize these issues and provide resources and referrals, if needed.
Yes. Depending on the facts and issues involved in your situation, we may be able to provide you with legal assistance in one of the following three ways:
Full Representation:
The law firm provides full representation in your case. We will prepare and file any documents with the Court and will appear in Court with you when it is required. We will communicate with the other party for you and will engage in settlement negotiations. We will also keep you updated on the status of your case and will discuss the options available to you so that you are able to make informed decisions concerning how to proceed with your case.
Limited Scope Representation:
While this applies primarily in family cases, there are times in civil cases where we can do this. With limited scope representation, we agree to handle a specific aspect. An example might be that we represent you for a particular hearing or for a settlement meeting.
Consultation and documentation preparation only:
We do not represent the person or business, but are only consulting with you about your legal issue. At times we might draft documents agreements or documents that will be filed in court. asked to consult with them to help them to understand their legal rights and options in a given situation. We are not talking to the other party and are not representing you in court.
For civil cases: You may, but we will not be able to answer the question until we have the opportunity to discuss the specific facts of your case with you. After doing so, we can identify the options which exist to attempt to resolve the issue. We can also explain which options seem to be the best to achieve your goals. It may be that filing a lawsuit is an appropriate step to take, but even when we believe it is, our job is to explain the potential benefits and the potential risks of doing so to you, so that you can make an informed decision on whether you want us to file a lawsuit.
In family and guardianship cases, the only way to obtain, modify, and enforce your rights as a mother, a father, a spouse, guardian, or caregiver, is to have a court case where orders have been entered. Many of the orders in family court are reached by agreement. A hearing may still be required to enter the Agreement, but it will not be a contested hearing.
As your attorneys, Zawtocki Law Offices will draft a petition on your behalf and file it with the appropriate Court.
Lawsuit resolution varies in time from case to case. If the parties involved are willing to negotiate a settlement, the case can be resolved in less than a year. If a settlement cannot be reached, your case could go to trial
The Zawtocki Law Firm will actively seek a favorable settlement with your approval. If the other side does not agree, a trial will be necessary and we will be ready. We will also make sure that you are prepared and know what to expect.
Settlement is reached through a number of methods. Depending on the type of case, we may use a court service such as Alternative Dispute Resolution or private mediation. The settlement terms must be approved by you. We will discuss your settlement options at the initial consultation. If settlement is not appropriate, we will aggressively pursue your rights before the court.
Our experience allows us to give an opinion on the value of a case after we thoroughly research it.
In a personal injury case, the value of the property damage, the cost of medical care, extent of injuries, and other factors will be considered.
In a divorce, the law requires an equitable division of community assets and restoring each party his or her separate property. Children’s issues, spousal support, and child support may be involved.
Zawtocki Law Offices takes personal injury cases on a contingency basis. Family cases are billed hourly. We often request and advanced fee.
Personal Injury cases are handled on a contingency fee. This means the Zawtocki Law firm will pay case costs up front. The firm is paid a percentage from the settlement or court award and reimbursed for the case costs. This will be explained at your initial consult.
