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Divorce and Family Law

 

Erik C. Bergstrom

 
AV-Preeminent Rating, Martindale-Hubbell  

Erik C. Bergstrom

“While each person and situation are unique, most of my clients share a common quality: The desire to progress through an extremely difficult chapter in their life, and to move forward to a better future. My role is to help them achieve that objective.”

Free 1-Hour Consultation. Call 602-264-7101 to schedule your meeting with Erik.

Martindale-Hubbell Peer Review

"Excellent attorney and strong advocate for his clients. While he fights for his client he is also reasonable and willing to resolve issues without litigation if in the best interest of the client/family."

View more peer review comments at Martindale-Hubbell

 

Erik Bergstrom focuses his practice on divorce and family law, with an emphasis on complex cases involving business ownership; residential and commercial real estate holdings; and division of investment accounts, retirement plans and pension benefits. Such matters often involve valuations of interests in limited liability companies, partnerships and corporations; allocations of trust assets; and determining the community or separate property character of all types of real and personal property.

Representative Family Law cases

Erik's clients benefit from his experience and track record of success in divorces involving substantial business, professional practice and real property assets. The following cases illustrate the nature and complexity of matters in which Erik has successfully represented family law clients:

Business and Real Estate. Negotiated a complete settlement of a multi-million-dollar marital estate involving a family business, multiple partnership interests and several real property holdings.

Retroactive Child Support. Obtained the complete dismissal (and an award of attorney’s fees) against a client's former spouse who sought retroactive modification of child support.

Medical Practice and Entity Structuring. Negotiated a complete settlement of a complex divorce involving a medical practice, multiple real estate holdings, and complicated layers of partnerships, corporations and trusts.

Foreign Jurisdiction. Obtained the dismissal of a divorce case in which the spouse resided in a foreign country, successfully arguing the applicability of the forum non conveniens doctrine. That doctrine provides that courts may refuse to take jurisdiction over matters in which there is a more appropriate forum or jurisdiction available to the parties.

Child Support Defense. Successfully defended a client against a $6,500 claim of child support arrearage, based on subject matter jurisdiction objection.

Phoenix Family Law experience

Erik's clients benefit from his knowledge and skill in a variety of important divorce, family law and post-decree issues, including:

  • Divorce (formally known as "dissolution of marriage"), including legal decision-making (custody), parenting time, child support, spousal maintenance, and division of property and debts.

  • Post-decree matters, including enforcement and modification of decision-making, parenting time, child support, spousal maintenance and property settlements.

  • Premarital agreements, drafting and enforcement.

  • Experienced with all types of family law proceedings, including Emergency Hearings, Temporary Orders Hearings, Trials, Post-Trial Motions and Appeals.

  • Other family law matters, including grandparent's visitation and in loco parentis visitation.

  • Substantial experience in complicated interstate custody and child support matters, jurisdictional disputes and issues arising under the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act.

  • Substantial experience with expert witnesses in family law matters, including parental decision-making (custody) evaluations, business valuations, forensic accountings, division of retirement and pension benefits and other financial experts.

  • Appeals of all types involving family law matters, including Special Actions, Lower Court Appeals, and Petitions for Review, at all levels including Superior Court, the Arizona Court of Appeals and the Arizona Supreme Court. Erik's recent divorce-related appeals have involved abuse of discretion and lack of supporting findings in legal decision-making (child custody) and parenting time disputes; grandparent's visitation and applicable burdens of proof; characterization of jointly titled bank accounts and commingled funds; effect and enforcement of disclaimer deeds; division of military retirement benefits; and proper jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act.

 

Phoenix divorce attorney Erik Bergstrom

Areas of Practice

Family Law

Divorce

Adoptions

Appeals

Personal Injury Litigation

General Civil Litigation

Honors and Awards

AV-Preeminent™ Rating, Martindale-Hubbell®

Arizona's Finest Lawyers

2015 Top Rated Lawyer in Family Law, American Lawyer Media and Martindale-Hubbell™

Professional Memberships

State Bar of Arizona

Court Admissions

Arizona, 1994

U.S. District Court, District of Arizona, 2000

Articles

“Do I Need a Prenuptial Agreement?”: Preventing Marital Claims Against Separate Property

Is Separate Property Considered when Determining Alimony or Spousal Maintenance in Arizona?

What Do Arizona Courts Consider in Determining Child Custody?

What Happens if I File for Legal Separation and My Spouse Files for Divorce?

What Happens to Retirement Funds During a Divorce in Arizona?

What Is Child Support?

What Will Happen to My Business in a Divorce?

Representative Appellate Cases

Davis v. Davis, 230 Ariz. 333, 284 P.3d 23 (Ct. App. 2012)

Reid v. Reid, 222 Ariz. 204, 213 P.3d 353 (Ct. App. 2009)

 Rosen v. Roger, No. 1 CA-CV 08-0110 (2009) (Memorandum Decision)

Clement v. Clement-Hester, 1 CA-CV 06-0685 (2007) (Memorandum Decision)

Colosimo v. Colosimo, No. 1 CA-CV 06-0400 (2007) (Memorandum Decision)

Champlin v. Sargeant, 192 Ariz. 371, 965, P.2d 763 (1998)

Vega v. Morris, 184 Ariz. 461, 910 P.2d 6 (1996)

Education

J.D., University of Arizona College of Law, 1994: Dean's List, Arizona Law Review, 1991-1994

B.S., cum laude, University of Arizona, 1990: Dean's List, Golden Key Honor Society

Do you have a family law-related question that can be answered in a brief phone conversation?

Call Erik Bergstrom at no charge: 602-264-7101.

          

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