Barry L Brody’s Answers

Barry L Brody

Phoenix Divorce / Separation Lawyer.

Contributor Level 8
  1. How/When do I ask the Judge to order my ex husband to pay all court costs?

    Answered 11 months ago.

    1. Barry L Brody
    2. David Alexander Browde
    3. Lee Alan Thompson
    3 lawyer answers

    The papers that you originally filed should have had the request in them. You can try to amend the filing, or you can try to ask the judge to do so at the time of the hearing. Any award of court costs is purely at the discretion of the judge.

    4 lawyers agreed with this answer

  2. Unvested Restricted Stock Units and divorce in Arizona

    Answered 11 months ago.

    1. Barry L Brody
    2. Tami Lane Augen
    2 lawyer answers

    You cannot divide what is not legally yours. Nonetheless, the court ordered you to do so. I would therefore suggest that you contact an attorney to "clean up" the language. Since the shares cannot be divided now, and quite possibly the company will not divide them in the future, the language in your Decree needs to reflect your duty to protect your ex-wife's interest, and to get her the money and/or stock that she is entitled to at the correct time.

    Selected as best answer

  3. Are Invisalign braces considered cosmetic?

    Answered over 2 years ago.

    1. Barry L Brody
    2. Jeff Adrian Biddle
    3. Ryan Hardy
    3 lawyer answers

    The issue is probably of medical necessity. Your decree should define your requirement, however, in almost all cases, elective or cosmetic procedures will be excluded. If constant filings are an abuse of the system, the court can require a party to submit pleadings before they are filed so that the court can rule on the issue of whether or not the "abusing party" can go forward. This is very rare as there is a presumptive right to be able to file most anything.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. SHOULD I FILE CONTEMPT OF COURT

    Answered almost 3 years ago.

    1. Barry L Brody
    2. Cassandra T Savoy
    2 lawyer answers

    If the "restitution" is for child support, then absolutely file for contempt. The court has a great deal of power, and many tools, to enforce support orders. The Maricopa County Superior Court website has a Self Help page to assist you in filing on your own.

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  5. How can I get an at arms length sale of house in divorce settlement?

    Answered 11 months ago.

    1. Brandon Kavanagh
    2. Barry L Brody
    3. Cheryl Rivera Smith
    4. Lee Alan Thompson
    4 lawyer answers

    You may need the judge to reaffirm her requirement/agreement to sell. You can also ask the judge to appoint a Special Real Estate Commissioner to sell the property. The Commissioner will then take control of the process that is not agreed to by your ex and you.

    2 lawyers agreed with this answer

  6. Ugh, where do I start, my fiancee's ex-wife continues to sue him (literally monthly) with frivolous lawsuits, what can we do?

    Answered over 1 year ago.

    1. Alexander Stephen Fasching
    2. Barry L Brody
    3. Scott D. Stewart
    4. John Naumovski
    4 lawyer answers

    There are numerous offensive postures that you can take, however, all are costly and the result will probably be academic. Any judgments or awards you receive will be difficult to collect. There is a defensive posture that you can take, but it will probably require an attorney, and could be difficult. When a party continues to abuse the system, and will not comply with court orders, the court can direct the Clerk to not accept any new filings from the abusive party until the judge has...

    2 lawyers agreed with this answer

  7. Husband unfaithfull, want a divorce but scared, where do I start?

    Answered over 2 years ago.

    1. Steven N Cole
    2. Barry L Brody
    2 lawyer answers

    I believe that you should contact a competent family law attorney to advise you as to the reasons to seek all available remedies versus settling quickly. It appears that you have several legal remedies that you could seek, however, a great deal of balance between risk/reward, benefit/detriment, and such must be made. The simple answer is to cut and run, but you may be leaving too much on the table. While getting out quickly has its merit, you should make that decision only after you have all...

    2 lawyers agreed with this answer

  8. Can I have my ex to pay for half of my insurance premium after divorce?

    Answered 11 months ago.

    1. Michael Thomas Poulton
    2. Rich J Peters
    3. Barry L Brody
    4. Christopher Daniel Leroi
    5. John P Corrigan
    5 lawyer answers

    If the decree is already entered, and you may be able to amend or modify the terms in very limited areas and under very limited circumstances. If the decree has not been entered, those payments can be ordered or agreed to under some conditions. You should speak to an attorney for more precise help.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. Does a marriave have to be consummated to be legal?

    Answered 11 months ago.

    1. Barry L Brody
    2. Michael Thomas Poulton
    3. Bernard M Strass
    3 lawyer answers

    If you are looking for grounds to dissolve the marriage (divorce), it does not matter. Unless you have a covenant marriage, fault or reason does not matter. If you are trying to void the marriage, a different set of standards apply, and the analysis is very fact-driven. You should contact an attorney for guidance if that is the case.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. Can I make her to move out on 2/3/14? Based on this agreement that was drawn by mediation.

    Answered 11 months ago.

    1. Barry L Brody
    2. Samuel Cohen
    3. J. Thomas Smith Ph.D.
    3 lawyer answers

    It does not seem clear that she is under the obligation to move out on 2/3. This language seems to be aimed at triggers for the payment of money.

    3 lawyers agreed with this answer