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Restraining Order Cost

Restraining Order In Arizona

A restraining order, (also referred to as a protective order or order of protection) is a vital tool you can use when you have been a victim of domestic violence or recurring harassment. Does it cost money to file a restraining order?

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What Is A Restraining Order?

A restraining order or order of protection arises when the order involves a romantic domestic partner or family member. An injunction against harassment is when the parties involved are not family but court protection is still needed from third parties.

When a restraining order is filed there are no fees, however certain criteria must be met. Under the law in Arizona ( Title 13-3602) says a restraining order will not be obtainable until the following points can be met.

  • The petition has been completely filled out, submitted and verified by the applicant in writing
  • The restraining order petition that is being filed against a person at least twelve years of age
  • One person is the maximum amount of people the petition can be filed against (unless minor children are included, which can occur for parents).

Is A Restraining Order Helpful?

Restraining orders can be powerful deterrents to further abuse by the harassing party.  Once the abuser is formally served, they are restricted from coming within 100 yards or 1000 feet of you, your person, your home, or your place of business.  This protective “bubble” can also sometimes extend to your minor children if you feel that they are in danger too.

Once the Order of Protection has been served, communications are severely limited between you and the abuser.  The defendant abuser (once served with the order) may now only have certain ways to communicate with you like (but not including) text messaging, email or telephone calls. Conversely, the order may prohibit the defendant from any form of contact with you. Keep in mind, the court also has rights preventing the defendant by:

  • Setting a geographical distance, the defendant must keep between themselves and a specific place (or places) or an individual (or certain groups of people)
  • Keeping no contact with any animals who reside in the residence as well as not taking possession of said animals
  • No offenses committed under the following statute of domestic violence: (Title 13-3601(A))
  • Carrying or owning a firearm
  • If applicable, using the joint residence

The court can order a defendant to take part in an intervention style program or domestic violence class. Defendants who accidentally or purposefully choose to violate the restraining orders terms may face being immediately arrested, being jailed or being prosecuted. The restraining order is not an airtight guarantee for your safety, but it prohibits a defendant from approaching or being in certain geographical areas as well as limiting the amount and kind of communication you have with the defendant – so there are serious legal consequences for violating a restraining order.

How Much Does A Restraining Order Cost?

There are no fees attached to filing the restraining order in Arizona. Should you decide to utilize the services of a private process server, the average price is $73 with prices ranging from $45 to $100 for the US.

Typically, you will not need to pay in order to file an emergency restraining order. For instance, a restraining order is free if it is needed to protect you from an immediate threat of abuse or harmful act(s). Sometimes, police officers attending domestic violence incidents will request an emergency protection order on the victim’s behalf.

In the event that you do not qualify for an emergency restraining order, you may need to file a temporary or permanent restraining order. Many courts will waive restraining order costs if your case involves domestic abuse, elder abuse, or stalking. If the fees are not waived, you can expect to pay between $100 to $400.

Individuals filing restraining orders are responsible for paying court reporter or stenographer fees, at times. If the fees apply in your case, you can expect to pay between $5 to $10 per page.

Do Attorneys Charge For Restraining Orders?

Some attorneys will offer a free or low-cost consultation. Others, meanwhile, do consultations at their normal hourly rate. Following this, attorneys will usually charge by the hour to advise or represent you in court.

Attorneys generally charge between $90 to $500 per hour, while rates will vary based on location. You can expect your lawyer to spend at least 5 to 10 hours on your case, meaning you will likely pay anywhere from $450 to $5,000 total.

Source:

“How To File A Restraining Order in Arizona.” Arizona Legal Center, 30 May 2018.

Contact Our Restraining Order Lawyers in Scottsdale

(480) 744-7711
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If you are dealing with a restraining order served upon you, or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated restraining order lawyers in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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Loveless Marriage Quotes
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35 Loveless Marriage Quotes

Loveless Marriage Quotes

If your relationship features more lows than highs, use these 35 loveless marriage quotes to ease the pain.

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Quotes About A Loveless Marriage

1. “Both men and women remain in dysfunctional, loveless relationships when it is materially opportune.” – Bell Hooks

2.”Every man’s work, pursued steadily, tends to become an end in itself, and so to bridge over the loveless chasms of his life.” – George Eliot

3. “Scholarship has the same relationship to wisdom as righteousness has to holiness: it is cold and dry, it is loveless and knows no deep feelings of inadequacy or longing.” – Friedrich Nietzsche

4. “For every quarrel a man and wife have before others, they have a hundred when alone.” – E.W. Howe

5. “All sins, except a sin against itself, love should forgive. All lives, save loveless lives, true love should pardon.” – Sir Robert

6. “All love is betrayal, in that it flatters life. The loveless man is best armed.” – John Updike

7. “An unhappy person in marriage is always the most unhappy kind of parent.” – Rossana Condoleo

8. “While neither of us is content, neither of us wants to quit. So we keep hurting one another while claiming to be in love.” – Rupi Kaur

9. “Lack of communication is the main cause of unhappy marriages.” – Akita Lailah Gifty

10. “A lack of responsive intimate interactions is the first sign of marriages’ demise. Conflict develops later.” – Sue Johnson

11. “A man and his wife fight 100 times more when they are by themselves than they do in front of other people.” – E.W. Howe

12. “I find it astonishing that a miserable marriage continues to be miserable after it is over.” – Rebecca West

13. “There is nothing more severe than living in an unhappy marriage. I’ve witnessed it kill people, so it worries me.” – Simon Cowell

14. “So far, it’s much preferable to be unhappy alone than unhappy with someone.” – Marilyn Monroe

15. “I wasn’t sure which would be the harshest; I debated between having him die in Hell or in an unhappy marriage.” – Lord Byron

16. “Divorce is not always tragic. Staying in an unhappy marriage while giving your kids the wrong lesson about love is awful.” – Jennifer Weiner

17. “Why don’t we call it quits? I suppose that she continues to be with me as I stay with her. And doing that is not simple.” – John Green

18. “Marriage is not a process for prolonging the life of love, sir. It merely mummifies its corpse.” – P.G. Wodehouse

19. “Between what is said and not meant, and what is meant and not said, most of the love is lost.” – Khalil Gibran

20. “Ultimately, the bond of all companionship, whether in marriage or friendship, is conversation.” – Oscar Wilde

21. “And the worst thing she had heard was the words he hadn’t said, the fact that he hadn’t loved her.” – Danielle Steel

22. “I was married by a judge. I should have asked for a jury.” – Groucho Marx

23. “We ruined each other by staying together. We destroyed each other’s dreams.” – Kate Chisman

24. “Indifference and neglect often do much more damage than outright dislike.” – J.K. Rowling

25. “Rich only matters if he marries you, I said grimly. Handsome matters not at all.” – Danielle Teller

26. “Two strangers sharing a roof, that’s the tragedy of a loveless marriage.” – Preeti Shenoy

27. “John laughs at me, of course, but one expects that in a marriage.” – Charlotte Gilman

28. “I know enough to know that no woman should ever marry a man who hated his mother.” – Martha Gellhorn

29. “A bad husband in a marriage can be like a bully; he’s constantly belittling and berating you.” – Anonymous

30. “He is like a black hole; he sucks away any happiness and hope you have.” – Anonymous

31. “At times, sleeping with you makes me feel really lonely.” – H.R.K. Murakami

32. “You can be enough for a person sometimes, but they may decide not to be in your life.” – Shannon Alder

33. “Shouting ruins so many enjoyable moments in one’s life. If your neighbors haven’t heard about it first, you’ve never heard of a bad marriage.” – Lillian Russell

34. “When a noise interrupts your sleep and you don’t want to be awakened, you can have a long, complex dream that explains the entire noise.” – A. Witting

35. “You should not be involved in or worried about an unhappy marriage.” – Anthony Riches

Contact our Divorce Attorneys in Scottsdale AZ

(480) 744-7711
INITIAL CONSULTATION

Our divorce attorneys in Scottsdale can help with restraining orders and orders of protection. We can also ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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Can You Get An Annulment After 10 Years Of Marriage?

Can You Get An Annulment After 10 Years Of Marriage

An annulment is one option couples have to ultimately terminate their marriage. There is typically no time period (for example, 10 years) following a marriage by which an annulment must be sought. Some factors, however, may make obtaining an annulment sooner rather than later a good idea. The longer one or both parties wait to petition for an annulment, the more convoluted it can become to resolve all matters.

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Annulments In Arizona

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

What Is The Time Limit For An Annulment?

As stated above, there is generally no time limit to petition for an annulment following a marriage. A party that leads the action for annulment later may have a more difficult time providing proof. Yes, it is possible to get an annulment even after 10 years of marriage, but the process becomes more convoluted as time goes on.

How To File For Annulment

Follow these steps to properly file for an annulment in the state of Arizona.

Step 1. Wait 90 Days

Make sure that Arizona has jurisdiction over your annulment proceedings. In order for the State of Arizona to have jurisdiction, you or your spouse are required to live in Arizona for a minimum of 90 days before you file for annulment.

Step 2. Obtain an Annulment Petition

Obtain a Petition for Annulment of Marriage form from your nearby superior court. In some Arizona counties, the form can also be found on the court’s website. If you’re not sure about what court is your nearby superior court, get in touch with the bar association in your city or town for more information.

Annulment Without Children

Consent Decree Annulment

Step 3. Complete the Annulment Petition

Once you have it complete the Petition for Annulment of Marriage form. This petition can be completed by either of you. As soon as you complete the petition, supply the requested information about you and your purported spouse, including your full name and your mailing address. Describe to the court why you are petitioning an annulment and the legal grounds for filing the annulment in the section entitled, “Other Statements to the Court.”

Step 4. File the Annulment Petition

File the petition in the proper superior court. You need to file the petition with the clerk of the superior court in the county in which either of you lives. When you file, you will have to pay a filing fee to the superior court’s clerk. This fee will vary by county.

Step 5. Serve the Filed Petition

Serve your spouse, usually called the respondent, with a copy of the petition you filed. Carefully follow the guidelines provided to you or instructions included with the petition and other annulment forms given to you by the courthouse. This will ensure your spouse receives the notice of the pending action.

Step 6. Wait for your Spouse to Respond

Wait the required time to allow your spouse to respond. 20 days is the amount of time the respondent has to reply to the petition. Your spouse may want to dispute the petition. If they do no respond within 20 days, they lose their right to challenge the requested annulment.

Step 7. Review the Courts Letter to Find your Hearing Date

Review the court’s letter listing the date/time of your annulment hearing. You will receive a letter from the court with your annulment hearing date and time. Didn’t receive a letter? Court didn’t schedule a hearing? You can contact the court to make sure your letter will be sent and that your hearing is scheduled.

Step 8. Attend your Annulment Hearing

Make sure you attend your marriage annulment hearing. At the annulment hearing, the court will decide whether you have enough evidence or not to grant an annulment. The court will evaluate your evidence and testimony, and either deny or grant your request for an annulment. Their may also be an additional hearing to divide assets and determine child custody, if needed.

Source:

Stock, Elizabeth. “How to Get an Annulment in Arizona.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/annulment-arizona-23724.html.

Canterbury Law Can Help With Marriage Annulment In Arizona

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Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

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How Long Does A Restraining Order Last
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How Long Does A Restraining Order Last?

How Long Does A Restraining Order Last

When dealing with a restraining order, it’s crucial to understand how long it will last. In Arizona, as soon as the order has been served, it is valid and enforceable for 2 years from the date it was served, according to AZ Court Help. However, if the order is not served, it will expire exactly one year from the date a judge issued it.

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What Is A Restraining Order?

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

How Long Do Restraining Orders Last?

In Arizona, a restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.

Who Can Receive A Restraining Order?

Courts can issue restraining orders for one of the following common parties:

  • Harassers.
  • Stalkers.
  • Domestic abusers.
  • Someone infringing on another’s copyrights.
  • Employees/employers threatening to reveal sensitive information.

The most common reason for a restraining order to be issued is for the protection of women and children. No matter the state that the order is issued, the person who receives the order must respect it in all other U.S. states and territories.

How To File A Restraining Order In Arizona

Here are the four steps you need to know.

  1. When possible, consult with an attorney first. Although an attorney is not mandatory, a consultation with a lawyer can ensure the process runs more smoothly. They can point out what order is best for your situation and assist with the completion of forms that have to be submitted. Your local county court probably has some suggestions and do not forget there is always reach out to National Domestic Violence Hotline for advice and legal support if domestic violence is involved.
  2. Maricopa county requires you to fill out the paperwork utilizing a Domestic Violence computerized prompting system. The paperwork will have a petition naming the proposed protected parties as well as defining the reasons why you are in need of the restraining order. Protective Order forms can be filed at any court in the state of Arizona, and they are available in five different languages.
  3. When you make your live court appearance before the judge, you will answer the questions he or she may have regarding your need for an order to be issued. The judge may question you regarding specific incidents that back up your need for a petition. Undoubtedly it is often emotionally distressing, and it may be worthwhile to bring someone you trust for support as you go through this, lawyers are always best to help you through this process.
  4. When the judge grants a restraining order, the defendant must be notified using legal service of process.  You will have to serve the defender with the petition including an order of protection as well as a duplicate copy of the signed order of protection through law enforcement personnel or going through a licensed process server. The restraining order, as you recall, is not valid until it been served upon the defendant personally. Petitioners with an order of protection have up to one year for the defendant to be served otherwise the order will automatically expire. If the defendant is located in Phoenix, Phoenix Police will work with the Coordinator of Protective Orders to file the court order with no fees, for you. In situations where the defendant is not able to be served immediately, it is crucially important to maintain a copy of the signed protection order on hand. If the defendant has not been served the order of protection and physically approaches you, immediately call 911 and inform them you have an order of protection against the defendant on your person and that the law enforcement who mobilizes to the scene should immediately serve the defendant and escort him from the area.

What Can I Do If The Restraining Order Is Violated?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.

Contact our Domestic Violence Attorneys in Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

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How Far Can A Parent Move With Joint Custody?

How Far Can A Parent Move With Joint Custody

Typically, there is no set limit for how far one parent can move with joint custody, but doing so will require permission from the court or the other parent.

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Joint Custody Defined

When parents divorce or separate, they come across new legal jargon like “joint custody.” But what does that actually mean in a legal and practical sense? In contrast to solo custody, where one parent has sole legal custody of their kid, joint custody involves both parents sharing these rights.

Depending on which parent has the child’s legal custody, either joint custody or solo custody may apply. Parents who share custody have equal say over important life choices for their children. Parents do not share these rights in single custody cases.

Joint Custody Arrangements

It is crucial to mention legal custody in any conversation about child custody agreements. When a parent has legal custody, they are able to make important choices that will affect their child’s future. Major choices are frequently made in relation to extracurricular activities, health care, extracurricular schools, and religious instruction. However, other facets of your child’s life might also be considered to be such. When trying to ascertain the areas of your child’s life over which you possess decision-making authority in a joint custody arrangement, it is crucial to verify with your attorney regarding what technically qualifies as “major.”

Parents who share custody have an equal say in such important choices. You risk being found in contempt of court if you try to stop the other parent from taking part in this decision-making. Any custody agreement is joint only if there is an equal division of the legal authority to make such significant choices.

Every state has its own laws on the matter, and joint custody can take many different forms.

How Far Can Parents Move With Joint Custody?

If a parent’s decision to move affects the existing parenting agreement laid out during the previous court order, the order must be modified to account for the new living arrangement(s). There is no set limit for how far one parent is allowed to move, as previously mentioned.

However, if the move results in less parenting time for the other parent in violation of the court order, then the moving parent must get permission from the other parent or the court before starting the moving process. Parents with joint custody arrangements will face a much tougher time moving as opposed to parents with sole custody arrangements.

Can A Custodial Parent Move With A Child Out Of State?

No, a custodial parent is not allowed to move a child out of state without a court order or the other parent’s consent. Any plan to move out of state will create a “removal” issue and the courts needs to find that the move creates a real advantage to the moving parent and is in the child’s best interest.

Canterbury Can Help With Custody Cases In Arizona

(480) 744-7711
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Our child custody and guardianship attorneys in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. We shall represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

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Annulment Cost

Annulment Cost

According to Costaide, the majority of annulments cost between $500-$5,000 in the US. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse come to.

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How Much Does An Annulment Cost?

As mentioned, the majority of annulments cost between $500-$5,000. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse enter into. For example, signing a joint petition for annulment can lower the cost compared to instances where one spouse files alone.

Prices for annulments will vary based on location. Each and every state has its own regulations related to this process.

These are the typical annulment costs:

  • Lowest Cost: $500.
  • Average Cost: $1,000.
  • Highest Cost: $5,000.

Grounds For An Annulment

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

An annulment is a legal process that dissolves a marriage that at least one of the parties believes should never have happened. The legal grounds for annulment vary by state, but they usually include the following:

  • One or both of the spouses were coerced or duped into marrying.
  • Due to a mental disability, drugs, or alcohol, one or both spouses were unable to make a decision to marry.
  • At the time of the marriage, one or both spouses were already married (bigamy).
  • One or both of the spouses were under the age of marriage.
  • It was an incestuous union.
  • One spouse hid a major problem, such as substance abuse or a criminal record. From one, a child, and from the other, an illness.
  • An annulment is much less common than divorces because one of these conditions must be met and proven in court for it to be granted.
  • Both types of divorce can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
  • If both parties agree to end the marriage without many disputes or disagreements about how to do so, either a divorce or an annulment can be simple and inexpensive.

Annulment Vs Divorce

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more. Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased.

The basis for an action—the reasons why a decision is justified—is referred to as “grounds” in legal terms. There are several reasons to seek a divorce rather than an annulment. The primary reason for ending a marriage is that one or both spouses wish to separate.

When the parties acknowledge that the marriage existed, they seek a divorce, which is far more common. When one or both of the spouses believe that the marriage was legally invalid in the first place, they seek an annulment.

Canterbury Can Help With Marriage Annulment In Arizona

(480) 744-7711
INITIAL CONSULTATION

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Marriage Annulment
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Annulment Vs Divorce Cost

Annulment Vs Divorce Cost

Divorce and annulment are two options for legally ending a marriage or domestic partnership, and they have similarities and differences. The type of evidence required for an annulment vs. a divorce, for example, is different. The costs of these processes can differ. While the average annulment costs between $500-$5,000, lengthy divorce settlements can cost much more.

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The most significant distinction between a divorce and an annulment is that a divorce terminates a legally valid marriage, whereas an annulment declares a marriage to be legally invalid.

Annulment Vs Divorce

Divorce is the process of legally dissolving, terminating, and ending a legally valid marriage. Divorce dissolves a legal marriage and declares the spouses single once more. Annulment: A legal decision that declares a marriage null and void, indicating that the union was never legally valid. The marriage records, however, remain on file even if the marriage is erased.

The basis for an action—the reasons why a decision is justified—is referred to as “grounds” in legal terms. There are several reasons to seek a divorce rather than an annulment. The primary reason for ending a marriage is that one or both spouses wish to separate.

When the parties acknowledge that the marriage existed, they seek a divorce, which is far more common. When one or both of the spouses believe that the marriage was legally invalid in the first place, they seek an annulment.

An annulment is a legal process that dissolves a marriage that at least one of the parties believes should never have happened. The legal grounds for annulment vary by state, but they usually include the following:

  • One or both of the spouses were coerced or duped into marrying.
  • Due to a mental disability, drugs, or alcohol, one or both spouses were unable to make a decision to marry.
  • At the time of the marriage, one or both spouses were already married (bigamy).
  • One or both of the spouses were under the age of marriage.
  • It was an incestuous union.
  • One spouse hid a major problem, such as substance abuse or a criminal record. From one, a child, and from the other, an illness.
  • An annulment is much less common than divorces because one of these conditions must be met and proven in court for it to be granted.
  • Both types of divorce can be costly and time-consuming in the courtroom. And they both begin with one or both spouses filing a formal divorce or annulment petition with the court.
  • If both parties agree to end the marriage without many disputes or disagreements about how to do so, either a divorce or an annulment can be simple and inexpensive.

How Much Does An Annulment Cost?

According to Costaide, the majority of annulments cost between $500-$5,000. Exact costs will depend on the type of agreement you and your-soon-to-be-ex spouse come to. For example, signing a joint petition for annulment can lower the cost compared to instances where one spouse files alone.

Prices for annulments will vary based on location. Each and every state has its own regulations related to this process.

How Much Does An Uncontested Divorce Cost?

The average cost of an uncontested divorce is $750 with prices ranging from $100-$1,500 for the US. A large amount of money can be saved if your spouse and you can agree to divorce, how the divorce will take place and how your lives are going to be separated.

This situation often leads to what is known as an “uncontested divorce.” The total cost will be determined by several aspects. If you have no issue with becoming a part of the legal procedures of your state, the cost may well be under $500. It will obviously be higher if you utilize the services of an attorney.

How Much Does an Uncontested Divorce Cost

How Much Does A Collaborative Divorce Cost?

On average collaborative divorce costs $7,500. Collaborative divorce costs ranged from $5,000-$10,000 per spouse in the US, according to Equitable Mediation. However, Canterbury Law Group has navigated many divorce collaborations for less than $10,000 in legal fees per spouse.

This is a far cry from the tens of thousands of dollars that other couples will inevitably spend in contested divorce litigation in a court of law, not to mention the high emotional cost in traditional divorce cases.

Annulment vs. Divorce: When Should You Annul?

Because of the short duration, many people believe that a very brief marriage can be ended with an annulment. However, a short duration is not a legal basis for annulment. To be annulled, the marriage must still meet one or more of the conditions listed above.

Furthermore, a long-term marriage might not be eligible for an annulment. After a certain amount of time has passed, many states will not grant an annulment. In California, for example, an annulment based on fraud must be requested within four years of the discovery of the fraud (one partner alleges that the other deceived them into agreeing to the marriage).

An annulment can be requested very soon after a marriage has taken place. However, in some states, a couple must be married or in a committed relationship for a certain amount of time (usually one or two years) before filing for divorce. In some states, the couple must live apart for a certain period of time before either party can file for divorce.

Canterbury Can Help With Marriage Annulment In Arizona

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Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment. Learn more about Marriage Annulment In Arizona.

The Canterbury Law Group should be your number one choice for when you need an annulment in Phoenix or Scottsdale, Arizona. Our experienced family law attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

Marriage Annulment
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3rd DUI Arizona: Laws And Penalties

3rd DUI Arizona

A third DUI conviction within seven years in Arizona is considered an “Aggravated DUI”. This results in a class four felony. A third DUI conviction will come with a felony charge even if there is no one injured or no property damage whatsoever. 

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Third DUI Laws In Arizona

In the state of Arizona, it is unlawful for any individual under the influence of drugs or alcohol to be in physical control of a vehicle. Once you have obtained a driver’s license in the state, you are implicitly agreeing to allow the administration of a blood alcohol content test (BAC) and field sobriety tests if you are suspected of driving while under the influence.

A third or subsequent offense DUI in this state carries felony fines, as well as harsh penalties. This does include mandatory jail time.

Third DUI Penalties In Arizona

A third DUI conviction in Arizona within seven years will carry some stiff penalties, including the following:

  • Incarceration of at least four months with the possibility of three and three-quarter years.
  • Base fine of at least $750.
  • Fees and fines ranging from $4,000-$150,000.
  • Impoundment of the vehicle.
  • Up to 10 years’ probation.
  • A driver’s license revocation of up to one year.
  • Installation of ignition interlock device for two years following reinstatement of driver’s license.
  • Traffic survival school.
  • Inability to plea charge down to a wet reckless.
  • The felony remains a “forever allegeable” prior.

How Long Does a Third DUI Take to Resolve?

From the moment our respondents were arrested to the time for everything to be finalized, the average time was 7.8 months. This was 2.5 months longer than first time DUI offenses.

How Much Does A Third DUI Lawyer Cost?

When averaged out from the respondent’s answers, the average mean cost was $7,300 – included in this were court ordered fines averaging $1,600, the same amount again for increased insurance premiums not to mention additional costs such as ignition interlock devices, bail costs, alcohol education courses and expenses and criminal defense attorney’s fees.

Average attorney expenses and fees figured out at $2,700 but the price escalated when private DUI lawyers were hired to a mean of $4,000. However, it is very important to get an attorney as soon as you can. The total average cost does not include income lost by a defendant and fifty percent of the respondents said they had greater income loss than for their first DUI offense.

3rd or 4th DUI Lawyer Cost

Need a Criminal Defense Attorney in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

DUI Lawyer
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What Can Be Used Against You In A Custody Battle?

What Not To Do During a Custody Battle

Knowing what not to do during a custody battle and what the judge will look for can help you prepare the best case possible. While some missteps like lying in court are obvious, you might not have considered some actions that can hurt your case. Let’s take a look at what can be used against you in an ongoing custody battle. 

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What Will Be Used Against You In A Custody Battle?

Enduring a custody battle will be tough for all parties involved. This difficult time can often cause an individual to act out, and sometimes detrimentally affect the case. Always be mindful of your behavior and body language during these proceedings.

To determine how not to behave during a custody battle, it’s crucial to review our checklist below. Refrain from acting in any of the following ways during a custody battle.

1. Lying In Child Custody Court

What you say in court and the information you include on court forms must be true. Lying in court during a child custody case ruins your credibility.

The judge will look for the truth in each parent’s claims through custody evaluations, witness testimony and other evidence presented at trial. Lying in court during a child custody case could cause a parent to lose custody or be held responsible for paying the other parent’s legal fees.

2. Refusing To Participate In The Case

Since court cases are often stressful and expensive, you might feel tempted to ignore the case altogether. Yet not taking part in a custody case could cause you to miss out on time with your child.

If you don’t answer the other parent’s filing, the court could issue a default judgment against you. This means the other parent would get everything they asked for without any input from you.

During your case, you’ll receive mailings that require a response, such as requests for documents and notices to appear in court. Ignoring these could lead to the dismissal of your case. Make sure you don’t leave the city or state for an extended period as these documents are typically sent to your last known address or workplace.

3. Disrespecting Your Ex

One thing the judge will look for in a child custody case is whether a parent will encourage a relationship between their ex and the child. Disrespecting the other parent shows that you might not be capable of doing so.

Insults directed at your ex through social media, calls, texts and emails could all impact the verdict. You also shouldn’t make negative comments about your ex in front of others. What you say could come to light in court through witness testimony.

4. Substance Abuse

Substance abuse is a major mark against a parent in a custody battle. When you’re under the influence, you can’t be the parent your child needs — especially if you’re dependent on that substance to get through the day. Make responsible choices to show the court you’re fit to parent.

5. Withholding Your Child

Withholding your child from the other parent is unique compared to other things not to do during a custody battle because it comes with a caveat: Keeping the child away from the other parent might be your only choice if the parent presents a clear danger.

When there aren’t any safety risks, denying the other parent access to the child will reflect poorly on you. Courts prefer to keep both parents involved in a child’s life and want to see that you can encourage a positive relationship between your child and your ex.

6. Involving Your Child In The Case

Your child may be the subject of the custody battle but putting them in the middle will cause undue stress.

Spare them the details of the case, and turn the focus toward maintaining the routines the child is used to and spending quality time together. Distractions from what’s going on in the household like extracurriculars are particularly helpful in allowing some sense of normalcy.

7. Bringing A New Partner Into Your Child’s Life

Bringing a new partner into your child’s life is an often overlooked example of what not to do during a child custody battle. Your child will be in a fragile state during this time. A new partner could cause confusion and anger if your child assumes you’re trying to replace their other parent.

If you do have a new partner, don’t involve them in the case. Judges often frown upon parents who bring their partners to court because their presence could be a distraction. Outside of court, keep interactions between your partner and your ex to a minimum. Any confrontations that occur could help your ex’s case.

8. Pushing For A Trial Right Away

Trial should be a last resort after all other attempts at a resolution have failed. Stay in charge of parenting decisions and jump-start your co-parenting relationship by negotiating a settlement with the other parent. If you find it difficult to resolve your differences with just the two of you, try an alternative dispute resolution method.

9. Coming To Court Unprepared

Preparation is key in a custody battle. You’ll need to be ready to speak in front of the judge, propose a parenting plan and present solid evidence to back up your claims. If you have a lawyer, they will help you prepare.

If you represent yourself, review your state’s child custody laws and rules of evidence to avoid presenting evidence that the court cannot consider. For example, in some states, recording phone conversations without the other person’s permission is illegal. Illegally-obtained recordings hurt your credibility and can’t be used in court.

10. Behaving Poorly In The Courtroom

Your behavior in the courtroom will have an impact on the final verdict. In a custody case, the judge will look at each parent’s actions in the courtroom as a reflection of their character.

Don’t talk out of turn or get into arguments with the other parent. Treat everyone in the courtroom and in the courthouse with respect.

11. Disregarding Court Orders

Temporary orders are often part of divorce and custody cases. These orders stay in effect until the court issues final orders.

If you have court orders for child support or visitation, make sure you follow them. Not doing so shows a lack of respect for the court and that you may not be capable of following the final custody order.

Also, don’t get into the habit of rescheduling time with your kids. Show up on time for pickups, and drop your child off as scheduled to show the court you can adhere to orders. Only stray from the order if absolutely necessary, and give the other parent proper notice.

12. Parental Alienation

Both judges are evaluators of child custody will seek the parent whose actions are positive and promote the relationships between the child or children and both parents. it is vital a parent never appears to be in a mode or retaliation or be vindictive or use financial issues as a weapon in matters of child custody. Therefore, parental alienation happens when a parent is guilty of causing a child or children to be negatively influenced towards the other parent of the child or children.

On occasions this behavior can be unintentional but if often intentional and it is worth remembering parental alienation is not only a weapon used by one gender. Parental alienation is not gender specific any either parent is equally able to indulge in this destructive pattern of behavior should they wish to do so.

There are many ways a child or children can be manipulated when one parent carries out acts of parental alienation. The goal is normally to separate the emotional bond a parent has with the child or children. The parent can do this by making negative comments about the parent directly to the child or children or to third parties but by ensuring the child or children can hear what is being said. These comments can have a great influence on a child or children who if they hear negative comments on a regular basis, become more credible and believable to the young minds who hear it. In the end, the result is often the child or children sees the other parent in the manner the way the accusatory parent has presented the situation to them.

Additionally, other members of the family may also join the accusatory parent in making alienating comments and actions towards the other parent in front of the child or children. These do not have to be outrageous statements, but just small comments and actions can help to cement negative thoughts towards the other parent. Nonetheless, with alienating, it is more often than not that not just one act or statement is negative, but usually the result of many small comments made over a prolonged period of time.

As we have discussed it is seldom one single action represents parental alienation but a series of actions and words and thoughts that manipulate a child or children negatively impact a parents’ relationship with their child or children. Undoubtedly some tactics used in parental alienation are extremely harmful but never more so than when a parent accuses the other of criminal activity.

Especially when they do this in front of a child or children. This is a matter that needs to be acted on immediately. Here are some signs to look for that your child or children may be the victim of parental alienation:

  • Is a parent creating scenarios where the child or children misses when it is your time for visitation?
  • Has the attitude of your child or children changed from one of being pleased to see you to one of being angry towards you?
  • Does your child or children no longer use a familiar, informal name for you?
  • Does your child or children show signs of being uncomfortable around you?
  • Does your child or children only give very brief, monosyllabic answers?
  • Does the other parent turn up unexpectedly, creating drama and tension when there is no need to do so?
  • Does the other parent severely question the child or children following your visitation?
  • Does the other parent show resentment when you discuss enjoyable times with your child or children?
  • Does the child know matters regarding the divorce beyond what they need to know at their age?
  • Does it appear your parenting time is being cut short, altered or canceled at short notice?

Source: “Parental Alienation.” Stewart Law Group, https://www.arizonalawgroup.com/child-custody/parental-alienation/

Need a Family Lawyer in Scottsdale?

(480) 744-7711
INITIAL CONSULTATION

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Child Custody
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Regular Post
Written by Canterbury Law Group

What To Wear To Divorce Mediation

What To Wear To Divorce Mediation

Divorce mediation proceedings will feature three individuals: you, your soon to be ex, and the mediating attorney. Typically, these meetings call for a more informal dress due to the fact that they are designed to facilitate productive discussions between spouses. It is important to be mindful of what you wear, though, as you want to send the appropriate message to both your ex and the attorney during this process.

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How To Pick An Outfit For Divorce Mediation

Individuals should refrain from showing up to mediation wearing something provocative. The same goes for wearing high-priced clothing or even flaunting a new engagement ring. This may only provoke your ex or lead to more aggression/hostility during this process. Always be respectful of the trying circumstances and come dressed appropriately for a cooperative and relaxed meeting.

It’s recommended to arrive early to mediation with your clothes neat and clean. Comfortable clothing is okay to wear, but your outfit may upset your ex, leading to unproductive side conversations. Mediation offers a calmness unlike court proceedings, yet you still need to remain respectful.

What To Wear To Collaborative Divorce Meetings

A business casual look will usually suffice if both spouses choose to engage in a collaborative divorce process. This look makes sense since you will be meeting with lawyers and other professionals in this setting.

Need a Divorce Mediator in Scottsdale?

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We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

Divorce Mediation
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