Background & Experience
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 LLCs, partnerships and corporations; allocations of trust assets; and determining the community of 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 a complete settlement of a multi-million-dollar marital estate involving a family business, multiple partnership interests and several real property holdings.
- Obtained the complete dismissal (and an award of attorney’s fees) against a client’s former spouse who sought retroactive modification of child support.
- Negotiated a complete settlement of a complex divorce involving a medical practice, multiple real estate holdings, and complicated layers of partnerships, corporations and trusts.
- 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 defended a client against a $6,500 claim of child support arrearage, based on subject matter jurisdiction objection
“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.”
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.