Regular Post
Written by Canterbury Law Group

Same Sex Divorce in Arizona

The Scottsdale divorce attorneys at Canterbury Law Group can help same sex couples navigate divorce. Whether you are considering filing for an Arizona same sex divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them.

Same sex marriage in Arizona means that lesbian and gay couples are guarded by identical benefits as heterosexual married couples. In fact, gay couples have the legal right to obtain a divorce in Arizona and attain the same protections and responsibilities under the state’s domestic relations laws for division of property and debt as heterosexuals, including Arizona community property laws. Arizona’s community property system is designed to provide a more fair distribution of assets and debts at divorce, including the possibility of spousal maintenance.

One unique issue for lesbian and gay couples is determining the length of the marriage, which can be crucial for calculating spousal maintenance and / or the division of retirement benefits. For example, a couple may have entered into a civil union in State A, later received a domestic partnership designation in State B, and finally gotten married in State C. In a situation like this, the questions become: When did the marriage begin, and where? Ultimately, the first date and place where they had a valid marriage is the legal date which will be used.

Currently, the LGBTQ community is still waiting for legal clarity on custody issues in divorce, which includes child custody and adoption. Sometimes there are children of a prior heterosexual relationship that one of the parties brings to the marriage. Other times the couple decides to have their own child or children, using options such as sperm donors or donor egg and surrogacy if the couple is male.
Contrary to popular belief, a non-biological parent does not automatically gain the status of a legal parent merely by virtue of being married at the time of the birth. Neither, unfortunately, does Arizona currently have a provision for adding a second mother or second father to a child’s birth certificate, which can be important for some legal purposes as well as genealogy or simply personal satisfaction. They also would have no rights regarding caring for the child or children should the other parent die or otherwise be incapacitated.

However, now that same sex marriage is recognized in Arizona and throughout the country, a step-parent adoption proceeding is an option to address this problem. For more on these issues, consider Canterbury Law Group in Scottsdale, AZ as your go-to legal problem solvers. 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Common Questions After Getting a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group receive many questions about restraining orders. Here are common questions that accumulate after a restraining order is obtained.

How long does a restraining order last?

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.

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.

What if I want to cancel the restraining order?

You must file legal paperwork at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it, which may take a few days or weeks. Sometimes, the parties may agree to dismiss the restraining order and enter into a limited no-contact agreement to facilitate communication between the parties with respect to children and parenting time only. This should only be done if it is safe and through legal counsel.

Can the restraining order be changed once it’s in effect?

Only some parts of a restraining order can be changed, except at a hearing to contest the order that is requested by the person being restrained.
If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated litigation attorneys in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.

Emergency Protection Order, Order of Protection, Restraining Order
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Regular Post
Written by Canterbury Law Group

Get Rid of Debt in the New Year

The personal bankruptcy attorneys at Canterbury Law Group are constantly helping clients permanently rid their lives of debt. As the New Year is swiftly approaching, the law team at Canterbury knows that motivation about personal finances will be on the rise. In fact, many Americans add “getting out of debt” to their resolutions for the New Year.

If you are ready to start fresh financially, we suggest five simple tips to eliminate debt from your life:

  • Stop adding more debt: If you are trying to eliminate debt, it is crucial to avoid adding more debt to your “debt pile.”
  • Eliminate credit cards: One of the biggest down falls that most of us have is the reliance on credit cards. If you cannot control how much you spend when using credit cards, then cut up your cards or leave them at home until you are out of debt.
  • Cut your spending: Can you save some money after all of your bills are paid? Look at all aspects of your spending in hopes to add more to the debt fund. For instance, try to use your utilities wisely to save on water, electricity and gas, and put that savings towards paying off some debt.
  • Embrace a (temporary) frugal lifestyle: Although society tends to believe that we need a lot of things to survive, we can actually get by with very little. The more of the excesses you can trim out the sooner you will be out of debt.
  • Always lookout to improve your current income: The more the money you make, the more you will have left over to throw at your debt.

If you have questions about your finances and / or bankruptcy, call us today to schedule a consultation at 480-744-7711 or [email protected].

bankruptcy, bankruptcy attorneys, personal bankruptcy attorneys
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Regular Post
Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

More About Orders of Protection

As top Scottsdale divorce attorneys, the team at Canterbury Law Group receives many questions about Orders of Protection. Here are some common questions and answers for people looking for more information. If you’re in need of protection, contact Canterbury immediately – time is of the essence in these matters and any delays can be held against you by the court.

1. How can an order of protection help the victim? In an order of protection, a judicial officer can order:

  • The abuser not to commit any of the offenses included as domestic violence
  • The abuser to have no contact with you or with anyone else named in the order (this could include telephone calls, texts, letters, messages through someone else, personal contact, etc.)
  • The abuser to stay away from your residence, place of employment, and school or those of anyone else named in the order
  • One party to have exclusive use of a home shared by you and the abuser (if there is reasonable cause to believe that the abuser may cause you physical harm)
  • Law enforcement to accompany a party to a shared home to get his/her belongings
  • The abuser to turn in any firearms in his/her possession to law enforcement and not possess firearms
  • The abuser to stay away from and not harm any animal owned by you, the abuser or a minor child in either of your homes (and award you care and custody of the animal)
  • Other relief that is appropriate and necessary for your protection and the protection of anyone else specifically named in the order
  • The abuser to complete a domestic violence offender treatment program or any other program deemed appropriate by the court (as part of a final order)

2. In which county can I file for an order of protection? As an Arizona resident, you can file for a domestic violence protective order in any superior, municipal or justice court in any county in Arizona. The only exceptions are that:

  • If two courts are located within a one mile distance, then one court can be designated as the court which issues protective orders;
  • If you have filed an action for divorce, separation, paternity or annulment with the superior court (involving the same person from whom you want protection), then you need to return to the superior court to request an order of protection; and
  • If the defendant is less than 12 years of age, only the juvenile division of the superior court may issue the order or injunction.

If you have questions about your finances and / or bankruptcy, call us today to schedule a consultation at 480-744-7711 or [email protected].

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

Obtaining Your Legal Time Off

At Canterbury Law Group, we receive many seasonal calls regarding employees and time off. Under federal law, an employer typically cannot make work-related decisions based upon an employee’s religion. Therefore, an employer has to give its workers some time off from work to exercise their religion and celebrate holidays. Employers may face crucial legal problems for refusing time off.

Example – There are many religious-based holidays that may interrupt the usual work schedule. Popular holidays are Christmas and Chanukah, and many employees find it easy to enjoy these days. However, sometimes, an employer doesn’t agree with a certain religion or holiday, which becomes a problem.

Recently, a former sales manager of a Bath and Body Works store in Connecticut filed a discrimination lawsuit under Title VII. She claims she was terminated because she took vacation time to celebrate the Wiccan New Year. According to lawsuit, her previous management at the company allowed her to use her vacation time for this holiday for the last six years, but new management opposed. The employee claims she was directed that she would need a new career if she took the time off. When she returned, she was immediately terminated. The employee is suing for back pay and other money damages.

The Law – Title VII of the Civil Rights Act of 1964 (Title VII) is the major federal discrimination law. This means that it is illegal for employers to treat workers differently because of certain characteristics, such as sex and race. It also bars discrimination based upon religion. Therefore, employers can’t make it harder for employees of a certain religion to get hired and / or promoted or give them better or worse working hours than workers of other religions. They also can’t terminate workers based upon their religious beliefs.

Violating Title VII may bring large fines and other costs associated with the case. An employee who is improperly refused time off or fired because of his religion may be able to get his job back and get paid for the time he was out of work.

Use Caution – Employers need to be careful when it comes to refusing time off for religious-based holidays. Vacation time can’t be refused simply because the employer doesn’t believe in the holiday or religion. However, legitimate business reasons are another story. For a retailer, the holidays may be the busiest time of the year, and so a full workforce may be required. A holiday may also happen to fall at a time when a large project needs to be completed. In these situations, it is possible to limit an employee’s time off.

If you are an employee or employer and have questions about legal time off, call us today to schedule your consultation at 480-744-7711

Scottsdale Attorneys, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Deciphering Orders of Protection

Survivors of domestic violence have several civil lawsuit options to protect themselves from future abuse. At Canterbury Law Group, we often help clients navigate through these options to maximize their personal safety and security.

Emergency Protection Order – In some states, the police can give the victim (or person believed to be the victim) an Emergency Protection Order (EPO). An EPO is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. The EPO is generally for limited period, such as three or seven days. This permits the victim time with an EPO in place to request a longer-term protection order.

Order of Protection – All 50 states and the District of Columbia have statutes for some form of protective order. However, states call these orders different things such as protective orders, orders of protection and injunction for protection against domestic violence or injunctions against harassment.

A protective order is different from an EPO because it is longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order, if he or she still feels threatened by his or her abuser.

Protective orders may include children, other family members, roommates, or current romantic partners of the victim. This means the same “no contact” and “stay away” rules apply to the other listed individuals, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

Restraining Order – A restraining order is judge imposed court order requiring parties involved in a lawsuit to do or not do certain things. It may be part of a family law case, such as a divorce, or other civil codes. Restraining orders may be requested “ex parte” meaning that one party asks the court to do something without telling the other party. If the restraining order is granted ex parte, than the other party is later permitted a hearing to present their side of the story. This is often the process for protective orders also. As restraining orders also vary by state, it’s important to consult with an attorney familiar with the law where you live. Go to www.canterburylawgroup.com for more information.

Emergency Protection Order, Order of Protection, Restraining Order
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Regular Post
Written by Canterbury Law Group

Struggles of Shared Parental Custody Through the Holidays

Divorce can be a very complex process and even the most amicable separations can become strained. Child custody is often one of the most challenging parts of the divorce proceedings and parents often struggle to find an agreement that is fair for all involved. At Canterbury Law Group, we have seen that, unfortunately, holidays can reignite these challenges. It often takes divorced families great effort to maintain a sense of family fairness throughout the holiday season.

There are several things that you can do to help make child custody issues during the holidays less contentious. Some of these include the following:

  • 1. Be in open communication with your family. Understanding everyone’s expectations from the beginning is a good way to make sure that everyone’s requests are heard.
  • 2. Act in the best interest of your child. Remember that your former spouse is the other parent to your children. Just because the marriage ended doesn’t mean they are no longer part of the lives of your children. Be flexible. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 3. Establish new traditions. It’s a good idea to create new holiday rituals with family and friends. Although some past traditions may be hard to eliminate, new ones will add some sense of excitement to the present. Reassure your children that the holidays will continue in a new yet joyous way. Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate.
  • 4. Plan ahead. Schedule fun and stress free events with loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider a vacation that allows you to “escape” the painful triggers.
  • 5. Create a schedule. Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale
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Regular Post
Written by Canterbury Law Group

5 Tips to Make the Holidays Brighter for Divorced Families

The law team at Canterbury Law Group realize that managing separation and divorce often feels magnified as the holiday season approaches. Many people feel overwhelmed by the stress and strain of trying to maintain the status quo, when in reality, their entire world seems to be collapsing. The Holiday season serves as a constant reminder of past festive and happier times and is contrasted by the current feelings of loneliness and despair.

Although there are no overnight solutions to cure holiday blues, there are steps you can take to help the season be merrier.

  • 1. PLAN AHEAD – Schedule fun and stress-free events with your loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider an out of state vacation that allows you to “escape” the painful triggers.
  • 2. ESTABLISH NEW FAMILY TRADITIONS – While you may want to maintain some of the past traditions, it’s a good idea to create new rituals with family and friends.
  • 3. REASSURE KIDS THAT THEIR HOLIDAYS WILL CONTINUE, BUT IN A NEW WAY – Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate. And now, they get “two” holidays each season (one with Mom and one with Dad).
  • 4. ASK IF YOU ARE ACTING “IN THE BEST INTEREST OF THE CHILD” – Decide in advance how the holiday time will be divided. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 5. MAKE A SCHEDULE – Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

5 Things To Know About A Restraining Order

The Scottsdale family law attorneys at Canterbury Law Group frequently represent clients when obtaining Restraining Orders. Often a critical matter, the law team at Canterbury offers 5 things you need to know about obtaining a Restraining Order.

  • 1. What is a restraining order? A court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.
  • 2. Who can get a restraining order? Any victim of domestic violence or a threat of imminent domestic violence can obtain a Restraining Order. This means the occurrence of one or more of the following acts committed against a victim by an adult or an emancipated minor:
    • Assault
    • Burglary
    • Criminal mischief
    • Criminal restraint
    • Terrorist threats
    • Criminal sexual contact
    • Criminal trespass
    • False imprisonment
    • Harassment
    • Homicide
    • Kidnapping
    • Lewdness
    • Sexual assault
    • Stalking
  • 3. What does a Restraining Order actually do? The order is very specific in as far as what the abuser can and can’t do.
    • The abuser can be ordered not to have any contact with you, in person or by phone, at home, work, or almost anywhere you ask the court to place inside the order.
    • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
    • Except in unusual situations, the court may grant you 100% custody of your minor children while the restraining order remains valid and in force. In some states, the court can also order the abuser to pay child support and personal support for you. The abuser may also be granted visitation with the child/children under certain supervised conditions. If the children are in danger of abuse, you should let the judge know why you think so and go see legal counsel immediately.
    • The judge may order the abuser to receive professional domestic violence counseling, or tell the abuser to get evaluated, or to go to AA.
    • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business, so that you are protected by the police during any necessary contact.
    • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.
  • 4. How long does the restraining order last? When you first get protection under the law, it is only temporary and called a T.R.O. for Temporary Restraining Order. In most states, if the abuser challenges the validity of the order, you must return to court on the date indicated in the T.R.O., which will be about 10 days later. Both you and the abuser will be asked to appear in court on that date. During the 10-day period, the police or Sheriff’s Office will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled. Keep a copy of the order with you and give a copy to the police in any town where you think the abuser might approach you.
  • 5. What happens once a restraining order is in place? If challenged by the abuser by filing an objection notice with the court, an immediate court date will be set and you will appear before a judge. Both you and the abuser will have the opportunity to tell the judge what happened between you. If the abuser does not appear at the hearing, the judge will either continue the temporary order in effect until the abuser can be brought into court, or will enter a final order if there is proof that the abuser was served with the T.R.O. If sustained by the Court after the abuser’s failed objection, restraining orders can last from 1 to 3 years depending on the state from which they are originally issued.
Order of Protection, Restraining Order
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