Free Consultation: (602) 953-5198Tap to Call This Lawyer
John R Gaertner Jr

John R Gaertner Jr

The Law Office of John R. Gaertner, P.C.
  • Family Law, Divorce, Domestic Violence...
  • Arizona
Badges
Claimed Lawyer ProfileQ&ASocial Media
Summary

A Minnesota native and graduate of the prestigious William Mitchell College of Law in St. Paul, John worked as an Assistant City Attorney for the city of Windom immediately after passing the bar. During his four-year term, he handled a variety of different cases and honed his legal and courtroom skills. In 1996, he visited Arizona and decided to make it his home. He has never looked back. From 1996 to 1998 he was Deputy County Attorney for the Maricopa County, Major Crimes and Vehicular Crimes Bureau. During his tenure with the County Attorney’s Office he saw first-hand the impact that criminal behavior and criminal convictions had on the family. He watched as cases that began in Criminal Court migrated to the Family Law system and witnessed the trauma that manifest itself in families affected by the destructive behavior of a parent, spouse or an adult child. And he saw how many families could have been saved if the family would have had prior help. For that reason and several more that are equally compelling, John Gaertner made a decision in 1998 to open a practice that dealt exclusively with Family Law. He committed himself and his staff to providing families with the most professional, profound and pro-active legal advice and support possible. He dedicated himself to helping families navigate the legal challenges that they often face when reconciling conflicts and resolving challenging domestic issues. He is committed to saving the family first but when that is not an option, seeking resolutions that provide children with the best possible environments and parents with practical and successful co-parenting arrangements. John is an expert and authority in matters of custody, spousal support, parents and grandparents rights and always aims at the best and least dramatic process.

Practice Areas
  • Family Law
  • Divorce
  • Domestic Violence
  • Criminal Law
Fees
  • Free Consultation
    Normally I will provide a free 30 minute free initial consultation.
  • Credit Cards Accepted
    visa, master card, discover, american express
Jurisdictions Admitted to Practice
Arizona
Placeholder image for jurisdictions.
Languages
  • English: Spoken, Written
Professional Experience
President of the Firm
The Law Office of John R. Gaertner, P.C.
- Current
The firm primarily practices family law throughout the entire State of Arizona. Given the extensive criminal prosecution and criminal defense background and experience the firm is particularly skilled in handling divorce and custody matters where there are allegations of domestic violence, child abuse, substance abuse/use issues and mental health concerns.
Partner
Curry & Gaertner, PLLC
-
Our firm concentrated its practice primarily in the field of complex criminal defense including domestic violence. DUI (misdemeanor and felony DUI offenses), all felony offenses including major felony offenses. The firm handled numerous jury trials throughout the state of Arizona.
Associate Attorney
Law Office of David Michael Cantor, PC
-
Criminal Defense Attorney. Obtained Criminal Trial Specialist distinction from the Arizona State Bar Assoc. in the year 1999. I Maintained this certification until I transitioned into the primary practice of family law in approximately 2004.
Deputy County Attorney
Maricopa County Attorney's Office
-
Prosecuted countless domestic violence crimes, vehicular crimes, property offenses, drug offenses, and violent crimes
Assistant Windom City Attorney/Associate Attorney
McDonald & Gudmestad
-
Education
William Mitchell College of Law
J.D. (1990)
-
William Mitchell College of Law Logo
Professional Associations
Arizona Association of Family Law Attorney's
Member
- Current
Placeholder image for professional associations.
Arizona State Bar
Member
- Current
Placeholder image for professional associations.
Websites & Blogs
Website
Blog
Legal Answers
21 Questions Answered

Q. My Husband stopped paying per our Separation Decree.
A: You can petition the Court for enforcement of the Separation Agreement and ask the Court to find and hold your ex-husband in Contempt. The Court can and will impose sanctions upon your ex if he is found to be in Contempt.
Q. Can the proceeds from the sale of a house be put in a escrow account until divorce is filed?
A: My suggestion would be to file for the Dissolution/Divorce now and address the community finds in the escrow account and the bills in your proceeding. The preliminary injunction would be in effect after service upon your wife and that controls what can and cannot be done with community property. Waiting any longer does not appear to be of any benefit to you in what you want to accomplish at this time.
Q. Thank you for the response. Is there an attorney I may speak to here in Tucson. I would not be able to travel to Phx.
A: I am located in Phoenix and can speak with you by phone. Is your court case in the Mesa Superior Court?
Q. Am I obligated to pay back child support if the other party did not permit me to see my children?
A: Yes, however, you may have other issues you want to bring up with the Court. Those issues could include Enforcement of the Parenting Time order and modifying child support.
Q. Court ordered prenatal paternity testing?
A: In my experience with these matters the Court will not order a test during pregnancy if Mother opposes. Also, if Mother opposes you being present during doctor visits, the doctors office will exclude you from being there. You are in for a fight in this case and should be prepared to meet much greater resistance from Mother as the birth of your child draws near.
Q. Father in Iowa. Two kids in AZ. Mom won't allow contact. How do we start?
A: If the children have lived/resided in AZ for the past 6 consecutive months, then the matter should be brought in AZ. That is where you would start. The Petition that needs to be filed is a Petition to Establish Paternity, Legal Decision Making Authority, Parenting Time and Child Support. Paternity appears to be a non-issue but will still have to be established. This will no doubt be complicated for Father given that he lives out of state and Mother does not appear to be a cooperative parent.
Q. Should I get a restraining order, request child support, or just go to court?
A: You should get a protective order (Order of Protection since you have a child with Father)and go to court to address the issues of Legal Decision Making, Parenting Time and Child Support. You are justified in your concerns for your safety given Father's disturbing behaviors. Unless you address his actions, his behaviors will likely continue to escalate.
Q. How do I file a false CPS complaint ?
A: I don't file a false complaint, PERIOD!
Q. Due to a separation I want joint custody. We were never married. I am on the birth certificate last name. Do have rights
A: Of course you have rights, however, you are going to have to go to Court and fight for those rights. If Mother has not already filed you should do so immediately. Since Mother appears to be the controlling and limiting type, when you file you should also file a Motion for Temporary Orders so that the Court can address the matters more quickly.
Click here to see all answers
Contact & Map
3420 E Shea Blvd., Suite #200
Phoenix, AZ 85028
USA
Telephone: (602) 953-5198