Erik Bergstrom - Phoenix, AZ

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 business interests in limited liability companies, partnerships and corporations; allocation of trust assets; and determining the community or separate property character of all types of real and personal property.

Erik is a Best Lawyers in America® honoree whose family law 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:

• Negotiated many settlements involving multi-million-dollar marital estates involving a family businesses, partnership interests and real property holdings.
• Negotiated settlement or tried many cases involving business valuations, including dental practices, medical practices, accounting practices and other professional practices.
• Obtained the complete dismissal (and an award of attorney’s fees) against a client’s former spouse who sought retroactive modification of child support against established Arizona law.
• 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.
• 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.
• Successfully represented many clients in complex jurisdictional disputes involving child custody (the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA) and child support (the Uniform Interstate Family Support Act, or UIFSA).

Erik’s possesses significant knowledge 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.