The *2018 Southwest Super Lawyers* list was released today and for the fifth time, Bruce Blumberg was recognized.

Blumberg was listed for his work as a criminal defense attorney in Arizona. Only 5 percent attorneys are selected to *Super Lawyers.*

Blumberg is certified as a specialist in criminal law by the State Bar of Arizona. Of the 18,000 licensed attorneys in Arizona, about 750 of them have received specialist certification, and only a handful of those are certified in the area of criminal law.

*Super Lawyers* is a rating service based on peer nominations that are supported by interviews, independent research, data verification and good-standing review. Only 5 percent of lawyers across Arizona and New Mexico are selected to the Super Lawyers list each year. Those selected are included in lists published both nationally in *Super Lawyers Magazine* and regionally in publications to serve as a resource for attorneys and consumers seeking outstanding legal counsel.



[Bruce Blumberg Super Lawyers Profile](https://profiles.superlawyers.com/arizona/phoenix/lawyer/bruce-e-blumberg/037f2dc2-a0a9-465d-bbc2-4d5a80c90f4d.html)


Bruce Blumberg Named to 2018 Southwest Super Lawyers List


## **Be Prepared**

Being prepared for trial is critical to finding success in your child custody case. Preparation includes gathering documents of past involvement in your child’s life, having a parenting plan going forward and making arrangements to seamlessly transition your parenting style to accommodate the new arrangements.

## **Stay Courteous**

It will bode well for you long-term to “play nicely” with your ex-spouse throughout the child custody proceedings. Avoid all temptations to argue and fight during this extremely emotional time, and instead, strive to work on behalf of your children’s future. Arguing and fighting between parents is harder on you, your kids, and your future parenting rights.

## **Stay involved in child’s life**

There is no downside to remaining involved in your child’s life, and this is something that you should continue to do. Don’t step out and plan to rejoin your child after a legal decision has been made, stay involved not only because it will benefit you in your legal case, but because it’s best for your child during this difficult time!

## **Don’t be deceptive**

As with divorce (and life) in general, don’t be deceptive during the child custody developments. Have a plan for the future, know your history and be transparent about both subjects. Do not make efforts to “hide” documents or attempt to surprise your ex-spouse in the courtroom. This will generally backfire, and make you look foolish in a time where impressions count.

## **Ask Questions**

Discuss with your lawyer how to approach the scenarios that are in play. Rely on his/her experience to guide you through these challenges and ensure you’re being represented in a way that will work towards the results you’re seeking. You’re lawyer is on your side, and you should ask questions until you are comfortable with the many moving pieces of this child custody case.


Preparing for Your Child Custody Case


Despite the fact that divorce is becoming less popular nationwide, there is one type of divorce that is on the rise: the so-called “gray divorce.” This term, dedicated to couples over the age of 50 who choose to divorce, is en-vogue amongst baby boomers, as divorces for couples in this demographic are up more than 100 percent since the 1990s. That’s a startling increase for an age group that is traditionally thought to have cleared many of the hurdles that lead to divorce.

There are specific considerations that must be addressed for these gray divorcees. If you find yourself in this increasing group, keep the following in mind, and speak with an attorney who can help you navigate the legal, financial, tax and emotional challenges that lie ahead.

- **Whose House is This?**

  - Are you in a community property state? Whose name(s) is on the title? Does my spouse have an equitable lien? There are lots of questions to answer when dividing the most expensive assets of a divorcing couple. Hiring experienced counsel is the best way to ensure you’re paying attention to the many small details that can cause big challenges down the line. Remember, to keep the house, you’ll likely make sacrifices in the negotiations somewhere else.

- **Whose Debt is This?**

  - Dividing assets is often the main focus of a divorcing couple, but many times the division of debt is of equal importance – and equal stress. Itemize everything that is owed, and be prepared to make the difficult decisions about who “owns” what, and how will these debts be divided.

- **Where’s the Income?**

  - If you were married for more than 10 years, you can possibly receive benefits on your ex-spouse’s record. There are qualifying factors for this, of course, including being at least 62 years of age, but speak with your attorney to understand where your future income will be generated (and who gets what).

- **Social Adjustment Post-Divorce**

  - Aside from money, houses, debts and the myriad other factors that are inherent in your divorce, you should pay attention to how both parties will adjust on a social basis moving forward. Consider talking with friends, family or even a therapist who is well-versed in this area to explore ways to cope and move forward socially. This is an important if often overlooked portion of the recovery process, and one that shouldn’t be ignored.


Gray Divorces and Four Things to Consider


Sometimes the best way to deal with divorce is to spot the warning signs before you’re faced with a decision to end your marriage. Below we’ll review five of the top trends or traits that are frequently found in divorcing couples. If you fit these categories is doesn’t mean your relationship is destined to fail, but you should be aware of the trends.

1.  **Cash Counts.** According to [a study posted by the American Sociological Review](https://www.asanet.org/sites/default/files/attach/journals/aug16asrfeature.pdf), the primary factor leading to divorce is the husband’s job status. When compared to men who have steady, gainful employment, men who do not have a job have a markedly higher risk of becoming divorced in any given year. Couples who fight about money have a significantly higher risk of facing divorce, but men without jobs are an additional 30 percent more likely to see their marriage end in divorce than even the couples who routinely fight about funds.

2.  **Finance Fight.** Similar to the trend above about job security, couples who fight about money – whether before marriage or in marriage – [stand a much higher chance of divorce than couples who have a more harmonious relationship with their money](https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1741-3729.2012.00715.x). Sometimes what appears to be a fight about how money is spent is truly an argument about power, trust etc., but equally damaging to a relationship. If you and your partner can’t have the money talk without someone sleeping on the couch, this is a major topic you should proactively address before walking down the aisle.

3.  **Divorce DNA?** There are lots of myths in society that children whose parents are divorced are destined to walk in their parents’ footsteps and follow down the divorce path as well. Is that true? There is some data to back up the theory that children who lived through their parents’ divorce are at an increased likelihood to endure the same fate, and there are differing beliefs as to exactly why. The statistics are strong, however, that adults who lived through their parents’ divorce when they were young have a [harder time forming and maintaining healthy, intimate adult relationships](https://www.scientificamerican.com/article/is-divorce-bad-for-children/).

4.  **Higher Power.** Studies indicate that couples who identify as religious, are at a decreased risk of divorce. Additionally, [couples who share the same faith and attend religious services together are even less likely to see their marriage end in divorce](https://www.bgsu.edu/arts-and-sciences/psychology/graduate-program/clinical/the-psychology-of-spirituality-and-family/research-findings/divorce.html). If you ask “why” these couples seem to have longer marriage success, the answer becomes somewhat murky. Some couples stay together because they feel it’s expected, and others feel it’s a “sin” to split, but nonetheless, the couples who pray together, stay together.

5.  **When age is more than just a number.** [Studies have indicated](https://pubmed.ncbi.nlm.nih.gov/7873718/) that the least likely age difference to lead to divorce is when the husband is between 2-10 years older than that wife. Inversely, when the wife is 2-10 years older than the husband the chance of divorce is disproportionately high. If you fit this category does it mean your relationship is destined for failure? Of course not, but it is an indicator that you should be aware of.

None of these signs of relationship risk is a death knell for your marriage, but couples should be aware of these frequent relationship stressors. If you fall into several of these categories, you can still beat the odds and live a long, happy marriage, but your awareness of pitfalls can help save the day, and keep you and your partner happy.


Five Signs a Divorce Might Be Imminent


Divorces are often painful for anybody and can be one of life’s most challenging chapters. If you’re going through a divorce here are seven mistakes divorcing couples often make when the financial and emotional stakes are highest.

**Hiding Your Assets**
Hiding one’s assets is a bad idea generally, and particularly so in a divorce proceeding. It can be tempting to think you’re clever enough to get away with it, but you won’t, and when it’s uncovered that you’re acting in a deceptive manner, you will have lost credibility in the courtroom. Be transparent with your assets. Don’t become a DIY tax lawyer and attempt to shift assets to a third-party or business or family member who “knows how to take care of things.” It will come back to haunt you, and these actions will absolutely make an already difficult process even more difficult.

**Sloppy Accounting for Assets**
Speaking of your assets, make sure you focus while taking inventory of assets and debts. It is imperative that you, your attorney and your spouse have an accurate perspective of what you owe and own. Without taking time to account for these assets and debts you will undoubtedly end up owning a debt you didn’t need, or surrendering assets you could have retained.

**Signing Docs Without Understanding**
Do. Not. Sign. Anything. Without. Understanding. The. Document. Is that said clearly enough? There is an urge for a number of clients to want to “hurry up and just get through this divorce” and that is the wrong way to approach matters. The desire to “rip the Band-aid off” and get through this difficult chapter of life is normal, and completely understandable, but isn’t in your long-term best interest.

The documents that require signatures in the divorce process have long-lasting legal implications that will affect your life, and the life of your loved ones, and you must understand the details before your sign the bottom line. You hired your lawyer to guide you through this process, and it’s his/her job to explain details until you understand them. Do not allow yourself to feel rushed, and don’t sign documents hastily to try and speed up the process.

**Guilt Shouldn’t Guide Decisions**
Divorce is one of the most emotionally challenging processes anyone will go through, and the shockwaves affect every area of life. Particularly when a divorce is caused by one party’s poor actions, feelings of guilt can lead to bad financial decisions, and one party surrendering more rights or property than is necessary. Remember, once you and your spouse determine that divorce is the course of action, you have entered into a business decision, and you must proceed accordingly. Check your emotions and feelings of guilt at the door – you’re in a business transaction now.

**Failure to Consider Tax Considerations**
Talk with your attorney about taxes! Many people fail to consider that tax ramifications are part of your divorce, and the Gov’t. will get it’s share. There are specific steps that need to be taken in order to minimize tax implications, and based on your specific circumstances, your attorney should be your compass in these complicated decisions. Don’t hesitate to seek out an attorney who is savvy in the financial/tax implications of a high net worth divorce, and it would be wise to bring your CPA into the conversation sooner rather than later in the process.

**Relying on Your Friends**
Your friends want what’s best for you, so why wouldn’t you put stock in what they have to say? Well, every divorce is different and the facts surrounding your divorce are assuredly not the same as your friend who got divorced in the past. Avoid listening to your best friend’s anecdotal evidence about how well he/she came out of the divorce and applying that to steps you should take. Unless your best friend is your divorce attorney, thank them for the advice, but remember it’s worth what you paid for it.

**Hiring the “Baddest” Lawyer**
A divorce is a big deal, often with hundreds of thousands of dollars at stake, not to mention child custody implications and countless other ordeals that will be emotionally taxing. Frequently individuals who are facing the path to divorce think hiring the “toughest” lawyer will lead to an advantage as disputes unavoidably occur. This is not always the case, however, as there is a fine line between “tough” and beneficial. Instead of hire a lawyer who will serve as your advocate. Avoid the lawyer who will pick unnecessary fights, cause unneeded stress and focus on his/her bottom line ahead of yours.

Your choice in lawyer can dramatically alter your overall impression of the divorce process. Look closely at your attorney’s experience in matters of high-stakes divorce, and choose someone who has the legal and financial experience to guide you through this process.

Bruce Blumberg is a lawyer who focuses on high net worth divorce cases and is experienced helping clients through this difficult process. With a Masters degree in Taxation, L.L.M., he is uniquely qualified to provide legal and financial advice to clients with the goal of making your divorce case as strategically well planned as possible.


High-Net Worth Divorce Mistakes


Divorce and separations can be incredibly difficult for children, but the extent to which it affects their happiness and quality of life is in large part dependent on the behavior of parents. There are things you can do to improve your chances of obtaining the child custody outcome that’s in your children’s best interest while promoting a healthy relationship with your ex to minimize the anxiety and stress experienced by your kids during this emotional process.

**Keeping Your Emotions in Check**

No one likes being threatened with the loss of their children, and threatening your soon-to-be ex in such a fashion is going to set an unproductive tone, not just for your divorce but for your children’s lives as well. Parents who are perceived as amicable and cool headed will generally fair far better in court, mediation and arbitration than a parent who can’t control their emotions enough to be pragmatic or even act like a rational adult.

If you are attempting to get primary or sole custody it’s imperative to establish a reputation as the responsible one in the relationship who is capable of doing what’s in the best interest of the children, even if that means allowing visitation or sharing custody.

**Know Your Kids**

Establishing yourself as the responsible parent means being informed about every aspect of your children’s lives.

- Know your children’s teachers and stay apprised of their performance at school

- If you have time consider volunteering for school activities to show how involved you are

- Stay on top of your children’s health – know about any medications, allergies and who their doctors are

- Know your children’s friends and their families, and do your best to keep them away from bad influences

- Be involved with their hobbies, whether that’s a sport or something else

You will be asked by numerous people throughout the process about your children, and it’s important you be able to speak to who they are as people – their personality, struggles and interests. Knowing these things will establish you as a parent who truly cares about their children.

**Don’t Be the Parent Who Constantly Bad Mouths the Other Parent**

There are a few important points here. First, this isn’t always the easiest thing to do. If you’re getting a divorce there are likely plenty of not-so-complimentary things you’d love to say about your spouse to your children, but those things are best left unsaid.

It’s not just bad for your children and their perception of a person who they love and look up to, it could also negatively impact your child custody chances in the future. The courts frown upon one parent trying to turn children against the other parent, whether that’s through bribes, insults or misleading insinuations.

This type of behavior can also lead to retaliation, devolving into he-said she-said arguments with your children acting as conduits for the vitriol and anger. That is not at all conducive to their mental health, nor will it improve your relationship with the person whom you’ll need to co-parent with until your children reach adulthood.

If you know your spouse is trash talking you to your children, keep a record of it. If you pick up your children from school one day and they say “Mommy/Daddy said you did…,” log it. If the other parent is refusing to let you speak to your children on the phone, won’t return your messages or is otherwise unfairly denying you reasonable access to your children, you should bring it to the attention of your attorney and the courts.

**Interesting Note on Terminology**

Although these disputes are still commonly known among the public under the umbrella term “child custody,” the courts have changed their approach to terminology and instead use more nuanced language, such as “legal decision making,” “parenting time” and “primary custodial parent.” For example, the courts will no longer say you have “primary or sole custody,” but rather that you are the “primary custodial parent.” So if you and your ex are “sharing custody,” you’re technically sharing “custodial duties,” “parenting time” and likely “legal decision making” as well.

**Child Custody Is Difficult, But We Can Help**

Our family law attorneys at Blumberg & Associates have extensive experience with child custody disputes and divorce proceedings. We have helped many people going through what you’re going through, and we’ve seen firsthand the heartache and loss of control parents feel in these situations. Our attorneys are compassionate and empathetic, and will provide both the support and knowledgeable guidance you’ll want during this difficult time.

[Contact us today ](https://azblumberglaw.com/contact-us/)to request a free child custody consultation.


How to Ensure the Best Child Custody and Shared Parenting Outcomes


Family law attorneys are your resource for a number of highly personal events in your life. Examples of family law services include adoption, child support, divorce, guardianship, marriage and more. At [Blumberg & Associates](https://azblumbergfamilylaw.com/attorney-bruce-e-blumberg-reviews/), we understand the family law attorney selection is one that you don’t take lightly. Here are some key elements we recommend looking for to ensure you find a quality attorney who can meet your needs.

**Experience**

When it comes to family law, an experienced and knowledgeable practice is a must to ensure you select a practice that is aware of the laws related to your legal needs. Blumberg & Associates has more than 30 years litigation experience. We have proudly served clients in a variety of cases in courtrooms throughout the state of Arizona.

What goes along with experience is expertise. When you have a family law issue, choosing a lawyer for whom family law is a small part of his or her practice often does not lend the level of expertise that you need.

**Flexible Schedules**

The nature of family law is such that you may need to meet with your attorney after standard business hours. You also may find you need to bring your child with you to a meeting. We are flexible with these and many other scenarios that can occur related to your scheduling.

In addition to scheduling considerations, it’s important that your lawyer provides you the resources to make and keep appointments. This includes technology, equipment, and friendly staff that makes going to each appointment as convenient as possible.

**Professionalism**

Dealing with the delicate matters that are often involved with family law requires the utmost level of professionalism.

When you are interviewing potential lawyers, think about how they come across. Some questions to ask yourself include:

- Does the person dress and speak in a professional manner?

- Do they seem to represent your values?

- Could they serve as a representative of your concerns and family?

If the answer is no, this family lawyer is likely not the best option for your case. Your family lawyer should always be courteous to you and your family. The law firm is ultimately providing a service. You should feel valued as a client and treated with an utmost level of professionalism.


Things to Look for In a Family Law Attorney

The law is a language unto itself. In modern times, we refer to the language of courtrooms, pleadings, and laws as “legalese.” This term is no more than a playful characterization of legal jargon. And while it may take several years of law school to truly ascertain the technical meanings of judicial terms, the following is a glossary of the more common ones.

## Common Judicial Terms

### Jurisdiction

Jurisdiction refers to a court’s ability to exercise power over a defendant. For a State to have jurisdiction over a criminal proceedings, the criminal act must “touch” the State in some manner. The most common example is committing a crime within a State. If you steal something in Arizona, you are subject to prosecution in Arizona courts.

### Felony

A felony is a criminal offense which can result in a year or more in prison. There are six classes of felonies in Arizona, ranging from a class 1 to a class 6. These are very serious crimes with serious consequences.

### Misdemeanor

A misdemeanor is a criminal offense which can result in less than a year in prison. There are three classes of misdemeanors in Arizona, ranging from a class 1 to a class 3. These are less serious offenses, but can carry jail time nonetheless.

### Mens Rea

This is a latin term which translates literally to “guilty mind.” This is the required mental state for any given crime. There are several different types of mens rea: intentionally, knowingly, recklessly, and negligently. For example, to commit the crime of “Minor Prostitution”, a defendant must know the victim is a minor. In this example, “know” is the culpable mental state.

### Warrant

There are two different types of warrants. First, there is an arrest warrant. This is a warrant issued by a magistrate mandating there is probable cause to arrest you for committing a crime or violating the terms of your probation. A search and seizure warrant is also issued by a magistrate, but it used for the purpose of gathering evidence for a criminal investigation. A warrant must be supported by an affidavit in support thereof. This is a sworn document attested to by a police officer which makes certain factual representations to the magistrate. If the magistrate finds there is sufficient probable cause for the issuance of the warrant, they will sign it. It should be noted that a warrant must be specific in nature; it must include the location and time when the warrant will be executed. It must also include the items to be seized.

### Arraignment

An arraignment is one of the earliest proceedings in a criminal case. While it may seem technical, this term merely refers to the hearing where the judge enters a plea of “not guilty.”

### Grand Jury

For more serious crimes, the State will bring the alleged charges before a grand jury. A grand jury is a special panel that sits in a courtroom for several hours a day. These proceedings are held in secret, and neither the defendant nor his defense attorney are entitled to attend (subject to limited exceptions). Prosecutors come to the grand jury with witnesses (i.e., a police officer) and present their case. After the facts are presented to the Grand Jury, the Grand Jury is charged with determining whether there is enough evidence to prosecute the case. If so, they return a “True Bill” or an Indictment.

### Indictment

An indictment is the result of a Grand Jury proceeding. If a Grand Jury believes there is probable cause to prosecute the alleged charges, they will return a sworn copy with all the allegations. An indictment will list the charges, the date of each offense, and the class felony of each offense.

### “Class 6 Open” (Undesignated)

In Arizona, defendants can receive a “Class 6 Open” or “Class 6 Undesignated” felony. This is the aim and goal for defendants who may have serious charges but no prior felony convictions on their record. A class 6 open refers to a class 6 felony which can become a misdemeanor upon successful completion of probation. In effect, a defendant can earn a misdemeanor if they comply with all the terms of their probation for the allotted probationary term.

[Contact](https://azblumberglaw.com/contact-us/) the [Phoenix criminal defense lawyers](https://azblumberglaw.com/phoenix-criminal-attorney/) at Blumberg & Associates today!


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Read about recent Arizona court rulings, and learns ways to protects yourself from the law.

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