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Written by Canterbury Law Group

When Is Divorce Mediation Not Recommended?

When Is Divorce Mediation Not Recommended

Let’s take a look at what divorce mediation is, how long it takes, and when the process is not recommended.

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What Is Divorce Mediation?

Divorce mediation allows couples who are divorcing a process to meet with neutral third-parties serving as specially trained mediators to resolve common divorce issues out of court.  Mediation is far less stressful and expensive than a divorce trial. it also is usually a far faster route because your spouse and you have the last say over the matters of your divorce as opposed to asking a judge to decide.  Most couples “mediate out” of their divorce cases in less than half the time and expense typically incurred in a conventional court house litigated divorce case.

When there was a lack of communication, perhaps partially responsible for the demise of the relationship, mediation gives you both the chance to rebuild your skills of communication. Even the most trained professional can help couples with poor communication skills achieve a successful negotiation. Most mediations start and wrap up in one day. The Rule 69 agreement you sign at the end of your mediation is 100% binding the instant you walk out the door.  There is no “do over” or second chances to mediate again the following day if you both sign a final agreement.

How Long Does Divorce Mediation Take?

On average, divorce mediation can take anywhere from 1-6 months depending on the complexity of your situation. How the two parties deal with their issues and the ability to be flexible as they negotiate a fair agreement dictates how long the mediation will take. As each case is different, the average case typically takes at least one half-day, or full day mediation session.  About 75% of mediations will settle on the first day.

The other 25% will have to come back another day, sometimes with more documents or things required to fully resolve all disputed issues.  Mediations are usually scheduled at least a month in advance and several weeks apart so that both parties have time to locate and produce all relevant financial documents.

When Is Divorce Mediation Not Needed?

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another.

Third, both parties should have an excellent understanding of the other party’s income and finances and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No One Is Looking Out For Your Interests

it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair.

Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation Can Cost More Than A Traditional Divorce

People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation.

Another frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There Is No Guarantee Your Case Will Be Settled In Mediation

If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse.

If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

4. One Spouse Refuses To Reveal Their Assets

If one spouse is hiding or lying about marital assets, divorce mediation will be unsuccessful. Divorce mediation always requires honesty and trust from both parties.

5. There Is A History Of Domestic Abuse

It is certainly possible for one spouse to endure even more abuse or be traumatized merely by sitting across from his or her spouse during the mediation process.

6. There Is No Communication Between Spouses

When the spouses are refusing to speak to one another, it’s unreasonable to expect you’ll be able to talk during mediation. Both spouses must engage and collaborate on solutions for themselves and their families. Some couples come into the process too angry or resentful to make it a success.

7. One Spouse Doesn’t Want A Divorce

If you want a divorce but your spouse wishes to stay together, there are certainly some marital issues for you to work out prior to mediation. Do not confuse divorce mediation with couples therapy.

8. When No Help Is Needed Negotiating Assets

If you do not have children or a lot of marital assets, you do not have to engage in mediation. You may just need the help of an attorney to put your agreement in writing.

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.

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Fathers Rights In Arizona: Everything You Need To Know

Are Your Fathers Rights Being Violated

When a court has issued visitation and child custody orders, parents have an obligation to follow them. When a parent does not do this, there are several options open to the other party, depending on how severe the outstanding issues are. Mothers can face serious consequences including a jail sentence, the payment of attorney fees and maybe even the loss of any custodial rights, should the mother violate the rights of a father. Read on to learn more about father’s rights in the state of Arizona.

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Custody Violations and Custody Decisions

There are several types of custody a court can make but in essence they are dealing with the assignation of child custody to one or both parental parties. Popular custody types include:

  • Primary Custodial Parenting Time– the child or children resides with only one of the parents
  • Sole Legal Decision Making– one parent has the complete responsibility for the welfare, health and education of the child or children
  • Joint and Equal Parenting Time – both parties have large amounts of physical visitation with their child or children
  • Joint Legal Decision Making – both parents share equal responsibility for the decisions regarding a child or children’s welfare, health and education

A mother can face an accusation of violating the rights of a father if she does not uphold her court-mandated responsibilities to the child or children, or if she decides to interfere with the ability of the father by making it difficult or impossible for him to invoke his custodial rights.

Courts view paternal rights very seriously including the rights a father has to be a co-parent in the raising of his child or children. Judges tend to reject a parent’s credibility when one parent purposefully or even accidentally interferes with the responsibilities and rights of the other party or acts as a damaging influence in the relationship a parent has with their child or children.

Visitation

Parents’ parenting time rights are shared via written court orders including the times and dates when a parent may invoke custody rights. The court order may be more specific and clearly make a determination regarding child transportation and locations where the kids can be collected at the start and end of a visitation. Both parents are strongly urged to stick to the mandated court schedule yet remain flexible to accommodate reasonable needs of the other parent.

When the court ordered schedule is deviated against your wishes for multiple weeks or months, it is usually best to head back to court and have a legal modification completed to the court order. If a new schedule has been verbally agreed by the parents and the mother then commit a violation of said schedule, the father may be in a position whereby he is not able to obtain the legal enforcement of the previously stated verbal agreement.

Tips for Fathers Trying to Get Custody In Arizona

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce.

The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

Full Custody Right Factors Considered By the Courts

Those parents who want full custody rights should know what to expect prior to their court proceedings. A court will determine the following factors in deciding which parent should gain full custody rights:

Paternity: A father who is interested in gaining full custody of their child should have proven their paternity of the child. A father can establish paternity by signing the child’s birth certificate or by acknowledging paternity during paternity proceedings in court, or after court ordered genetic testing of both parents’ DNA.

The father’s relationship with the child: A judge will examine the parent’s relationship with the child, prior to granting them full custody rights. The father should be prepared to answer questions regarding his relationship with the child during their child custody proceedings. A judge will also inquire about past regular visitation.

The child’s relationship with his/her mother: A court will be hesitant to interrupt a child custody arrangement that is working, particularly if the child’s mother is the principal caretaker of the child. For instance, a court would consider changing the custody arrangement if they feel the child is in danger, or if the child’s mother is suffering from a mental illness or if the child’s mother is taking drugs or abusing alcohol. A father who desires full custody of their child should be prepared to prove that a substantial  change in circumstances justifies a complete change in custody.

 

Can A Mother Violate The Rights Of A Father?

Here are some of the common ways a mother can violate a fathers’ rights:

  • Mother’s unilateral scheduling of activities during Father’s custodial parenting time, thereby making it impossible for father to be able to spend time with his child or children to the extent allowed under the terms of the court ordered visitation schedule;
  • Encourages others or takes part in ridiculing the father with the purpose of discrediting the father and his relationship with his child or children;
  • Without permission or agreement with the father, takes the child or children and permanently moves them to an out of state location;
  • Uses the child or children as a message boy or girl to the father or involving the child or children in any issues regarding divorce proceedings or custody issues with a goal of disturbing the time a father has with his child or children;
  • Does not co-parent with the father of the child or children;
  • When the father is behind on child support, the mother denies him access to the child or children;
  • Mother does not adhere to an established schedule and frequently has the father waiting on her to deliver or collect the child or children;
  • The mother neglects to include and involve the father of the child or children when he has joint custody in making decisions regarding the upbringing of the child or children; and
  • Subjects the father to accusations of child neglect and/or abuse of his child or children despite knowing what she is saying is false.

Recourse When a Mother Violates The Rights Of A Father

The first thing a father should attempt is communication with mother but not when a restraining order against you is not already in place. If this is the case, you need to speak to a family law attorney without delay to initiate conversation with the attorney of the other party.

It will be of great benefit to keep a documented record of the times, dates and methods used by the mother whenever a violation of your rights has occurred. Should the mother make a decision to continue with the violation of your visitation or custody rights, you can call the local police department and they have the means to enforce the orders of the court.

If the mother refuses you access to your child or children, help can be obtained from the local district attorney’s Child Abduction Unit. And of course, you should let your attorney know about any involvement of law enforcement in the scenario you are facing.

If you desire, a contempt court action can be filed by your attorney against the mother of your child or children. A contempt hearing can then be scheduled and a Judge will make a determination if the mother is indeed in violation of the established court custodial orders. If this is found to be the case, the court can do some or indeed all of the following in their judgment:

  • Permit the father additional visitation rights to his child or children by making a change to the established custody order;
  • Grant the father primary physical custody of the child or children, thereby again changing the established custody order;
  • Change the custody order to give the father sole legal custody;
  • Make an order where the mother can only have visitation which is limited to “supervised visits”;
  • Impose a jail sentence or fines on the mother for contempt of court; and
  • As the father had to bring the contempt of court action, the judge may decide the mother is responsible for the legal fees of the father.

Source: Wallin, Paul. “Consequences Mothers Face for Violating Father’s Rights: WK.” Wkfamilylaw, 17 Dec. 2018, https://www.wkfamilylaw.com/consequences-mothers-face-violating-fathers-rights/.

Speak with Our Father’s Rights Attorneys In Scottsdale

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Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address 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. You can trust us 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 used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Father's Rights
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Regular Post
Written by Canterbury Law Group

How Long Is A Prenup Good For?

How Long Does a Prenup Last?

Prenuptial agreements usually last for the lifetime of a marriage but some couples include what is called a “sunset” clause where the prenuptial agreement is no longer valid after a certain time period. If there is no clause it is assumed the agreement will last a lifetime. Read on to learn more.

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What Does a Prenup Cover?

A prenup can include the following:

  • Spousal support or alimony
  • A child or children from a previous marriage
  • Estate plans
  • Family property
  • Financial obligations
  • Liability of debt and assets
  • Division of property
  • Spending and saving strategies
  • Separate and marital property
  • Business ownership

It is important to work with an experienced attorney who is knowledgeable in matrimonial law as well as Arizona laws regarding prenup agreements. Canterbury Law Group can help you find the right professional in Arizona to discuss and create a prenuptial contract that best fits your relationship and marital expectations.

Can You Change Or Cancel A Prenup?

A prenup may be changed at any time but both parties must agree to the changes in writing. If a couple of items are changed, the rest of the prenup still stands. Should the couple want to terminate the prenup they can do so in writing.

Can You Sign A Prenup After You Are Married?

Some couples get married prior to signing a prenuptial. It is called a postnuptial agreement and the structure of the agreement is almost identical to that of a prenuptial agreement.

It can take from a few minutes to a few months to finalize a prenuptial agreement.  AVVO says, “Your best bet is to schedule a free 1/2 hour consultation with an attorney who can give advice after the facts are known.” Forbes says, “Presenting your intended with a prenup the week before the marriage is not good practice, and in some states could be used to overturn the prenup. For that reason, the idea of a prenup should be raised long before the marriage.”

 

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711
INITIAL CONSULTATION

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, 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 lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the 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.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Marriage, Prenup, Prenups, Prenups in Scottsdale, prenuptial agreement
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How To Get A Protective Order Dropped

Charged with Aggravated Assault: What to Do & Costs Associated

It is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons. When this is explained to the judge, he or she may decide to quickly drop the outstanding order.

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Reversing the order when a spouse or partner either regrets or thinks the order of protection has been applied for the wrong reasons, it may require more work to reverse the order than it is when then the order was originally issued. A partner or spouse may call a judge through the appropriate means is there is a need for direct distance between the individuals.  As long as there is reasonable evidence, this is usually granted and may require a complete order or one that prevents the other party from having contact.

Protection Order Explained

There are two kinds of orders:

  1. When one partner thinks they require a level of safety to be guaranteed by law. This allows for no contact or communication. It also prevents the person from being within a certain distance of the protected.
  2. The other kind of order usually has provisions for some form of contact but often limits communication. The safety usually includes a lack of emotional speech and actions as well as a lack of violence. In normal circumstances, the second type is usually the option that is chosen. This can have an impact on the target in various ways.

Order Of Protection Reasons

There may not be a legitimate or valid reason when a partner or spouse is successful in having an order of protection obtained. There are various reasons as to why this is. it may have been done in the heat of the moment or as an irrational and emotional act. Or perhaps someone has talked to the person and they have drawn the conclusion it was wrong to go for an order. Understand just because things may get heated between a couple, it does not particularly mean they are solid grounds for a protection order. It is also used as a tactic in the hope it will increase the odds of obtaining greater funds in the case of a divorce or acquiring custody of a child or children. These orders may become more complex in the case of abuse or domestic violence. The other party may find the order remains in place until they can prove themselves innocent of criminal charges. Once the concern is in the process stage in the criminal courts, not much can be done. Lifting the order becomes nearly impossible unless the case is either dropped or is concluded by a judge or jury as with a verdict of not guilty.

Dropping The Protection Order

If there are no criminal charge claims the courts have aimed at the target of the order, the process is simpler and there is room for possibly dropping the order. However, when the situation solely involved the domestic relations courts, dropping the order is far less difficult. The petition order may be dropped if the parties can agree to file a dismissal. Furthermore, if the parties fail to show for a hearing, the petition loses its validity. In the absence of a prosecuting lawyer whose job is to pursue the case – there is no need to maintain the protection order if there is no interest from either party in keeping the order active.

Dismiss An Order Of Protection With A Lawyer

It is vitally important to hire a lawyer who knows what can be done so the order of protection may be dropped. Although the person has to initially file a dismissal, the other party may be a no-show for the hearing. A lawyer can also offer many helpful ways forward and explain how to proceed depending on the actions of the party that is protected.

Source:

  1. Hg.org, www.hg.org/legal-articles/back-together-with-my-abuser-can-i-drop-an-order-of-protection-47090.

Contact Our Order of Protection Lawyers in Scottsdale

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If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection 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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What Is The Average Retainer Fee For A Criminal Lawyer?

Criminal Lawyer Cost

The average cost of a criminal defense lawyer is $8,000 with average prices ranging from $1,000 – $15,000 in the US according to LegalMatch [1]. *Disclaimer – This is not an actual quote. If you need an experienced criminal defense lawyer contact Canterbury Law Group to start your initial consultation.

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In criminal prosecution actions, the Constitution guarantees you a right to counsel. If you are unable to afford the services of a private attorney, the court will appoint an attorney on your behalf. Based on your assets and income, the court may decide you can afford an attorney, in that situation you can either represent yourself or hire a private attorney.

What Factors Cause Criminal Defense Costs to Vary?

There are many factors to consider when assessing the overall costs of a criminal case:

Investigators and Expert Witnesses – Very often criminal cases have multiple and complex issues that require expert witnesses and/or investigators. To demonstrate, a defense attorney may hire the services of someone who specializes in chemical testing to explain the results of a Blood Alcohol Content analysis in a DUI trial. Or the services of a psychologist may be required if the defendant is wishing to raise a defense of legal insanity. Expert witnesses and investigators require an average retainer fee of $2,500 and they may charge in excess of $300 per hour.

Attorney’s Fees – Attorney’s fees vary depending on several different factors. Here are some of the more important factors that will have an impact on the rate attorney’s charge:

  • Whether the case goes to trial.
  • Whether the attorney charges a flat fee or by the hour.
  • The skill of the attorney.
  • The number of years the attorney has practiced criminal defense.
  • The seriousness of the charged offense.
  • The complexity of the legal issues in the case.
  • The number of years the lawyer has appeared in criminal court in that particular jurisdiction.

How Much Will It Cost if the Lawyer Charges a Flat Fee?

If you face a misdemeanor charge and the lawyer charges a flat fee, expect to pay somewhere between $1,500-$3,500. If going to trial is a possibility, you can expect the fee to be between $3,000-$5,000. When the severity of the charge rises to a felony and when the lawyer thinks that he may be able to obtain a settlement that is favorable, the flat fee may range from $3,000-$6,000. But if it seems inevitable there will be a felony trial, flat fee costs ranging from $10,000-$20,000 are not uncommon. When you are facing serious charges where life in prison is a possibility, such as murder, for a lawyer working on a flat fee you can expect to pay upwards of $40,000.

Criminal Defense Attorney Fees Per Hour

Criminal Defense Attorney Fees Per Hour

You can expect to pay anywhere from $100 to $300 per hour to hire a criminal defense lawyer according to CostHelper. For example, Thumbtack says, “if an attorney has a $200 hourly fee, he or she may require a 10-hour retainer fee of $2,000”

Some attorneys and those who are already well known in their practice area will often charge by the hour to their clients  as opposed to using a flat rate fee. Additionally, if an appropriate flat fee cannot be determined because or the complexity of a case, the attorney may decide to charge an hourly rate instead. The relative ability of the lawyer will cause the hourly rates they charge to greatly differ. For a highly experienced criminal defense lawyers time you can expect to pay $250-$750 per hour. It is worth noting that it is not uncommon for legal bills to quickly mount up into the $10,000-$15,000 range per month when an hourly fee structure is being utilized.

Attorneys.com says “Criminal lawyers who charge by the hour may break up the hour into 15-minute or 6-minute increments… The lawyer who charges $200 an hour in 15-minute increments would charge you $50 for that time, while a lawyer who charges the same but in 6-minute increments would only charge you $20.”

In addition, the payment of an up front retainer may be required by a lawyer who is charging you by the hour. This retainer will cover an agreed amount of the lawyer’s initial time. Once the retainer is exhausted, the client will be expected to replenish with new funds.

How Much Does a Lawyer Cost for a Misdemeanor or Felony?

Lawyer Cost for a Felony

A lawyer costs about $2,000 to $3,000 for a misdemeanor. According to Nolo, “a defendant charged with a misdemeanor that goes to trial should not be surprised by a legal fee in the neighborhood of $2,000–$3,000; an attorney may want an advance of around $2,500, and $1,000 per day of trial in a felony case.”

A lawyer can cost anywhere from $10,000 to $100,000 for a felony. TheLawMan says, “most will agree that the cost for a first-degree felony is at least $10,000, often more. For the most experienced lawyers, you should expect to pay between $35,000 and $100,000 or even more.”

How Much Does a Lawyer Cost for Drug Possession?

How Much Does a Lawyer Cost for Drug Possession?

If you are charged with misdemeanor drug possession you can expect to pay anywhere from $2,000 to $3,000. If you are charged with felony drug possession you can expect to pay a retainer of $2,500 and pay a cost of $1,000 per day of trial.

According to CostHelper, You can expect to pay about $3500 for a misdemeanor drug possession charge. You can expect to pay about $10,000 for a felony drug possession charge. You can expect to pay about $25,000 for a serious felony drug possession charge.

Do I Need an Attorney to Represent Me?

It is vitally important to consult an experienced attorney before you respond to any criminal prosecution in writing or by direct contact with the prosecutor, even if think you have committed a particular crime and want to enter a guilty plea. At the very least, a skilled attorney can make sure the charges you face are appropriate for the facts of the case and they are capable of advocating on your behalf so you have the best chance of obtaining the lowest penalty possible. For example, say an individual is caught leaving a jewelry store with a necklace worth $100. The shop owner who is angry over the incident tells law enforcement the value of the necklace is $1,000. The difference in values means a charge of petty theft (misdemeanor) would become grand theft (felony). Even the most experienced criminal lawyers agree they would not want to defend themselves if charged so it is well worth speaking to a criminal defense lawyer even though you have the right to proceed alone in your own defense.

Is One Fee Structure Better than Another?

Obviously, the best billing structure is the one that works most effectively for the situation the client faces. Criminal defense lawyers certainly understand how stressful these events are and they try to make the financial aspects of your case as pain free as they can. Regardless, it is always best to know what it is you are paying for.

Learning how billing works is an ideal first step to initiating a discussion with your lawyer regarding their billing structure. Never feel afraid to ask why they are charging the way they do and how they are utilizing their time and planning to ensure your freedom. When you need protection from criminal prosecution you can look and contact a skilled criminal defense lawyer today.

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

Sources

Kirby, John. “How Much Will a Criminal Defense Lawyer Cost?” Attempted Murder Lawyers | LegalMatch Law Library, 20 Feb. 2018, www.legalmatch.com/law-library/article/how-much-will-a-criminal-defense-lawyer-cost.html.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Criminal Defense, Scottsdale Divorce
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What is Chapter 7 Bankruptcy?

What is Chapter 7 Bankruptcy

A liquidation or straight bankruptcy is also called a Chapter 7 bankruptcy. This bankruptcy type is one that can remove unsecured debts. If you have quite a few bills and are not able to afford all of the monthly payments as well as living expenses, then filing for Chapter 7 bankruptcy could be one way that you can reset all of your finances. However, you could end up losing some of your possessions, and it can negatively impact your creditworthiness.

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How Chapter 7 Bankruptcy Works

Whenever you file for a chapter 7 bankruptcy, the court will put a stay on all of your current debts. What this does is stop any creditors from garnishing your wages, turning off your utilities, evicting you, repossessing your property, foreclosing on your home, and stops them from collecting wages.

The job of the trustee is to review your assets and finances while overseeing your bankruptcy. The trustee will sell certain things that bankruptcy will not let you keep, which is called nonexempt property. The money from this gets used to repay your creditors. Trustees also deal with meetings between you and any creditors where you show up to a courthouse and answer questions about filing.

The property that you do not have to turn over to creditors or items you do not have to sell, which is called exempt property and the value of what you can claim as exempt, will vary based on the state where you are residing. Some states allow you to choose between federal exemptions and the state exemption list. However, Chapter 7 usually is a no-asset case, which means that either all of the property is exempt or there are valid liens on the property.

During the end of this process, around six months after you file for bankruptcy, the court will then discharge remaining debts, which means that you no longer need to pay them. Although, there are some types of debts that cannot get discharged during bankruptcy like student loans, tax debts, court fees, alimony, and child support.

The Differences Between Chapter 13 and Chapter 7 Bankruptcy

Chapter 13 and Chapter 7 are the most common types of bankruptcy, which affects a person. Either can help when you do not have the means to pay off your bills, but there are some significant differences between these types of bankruptcies.

Chapter 13 bankruptcy will allow you to keep all of your items and get a much more affordable repayment plan with all of your creditors. You will need to have enough income for you to afford to make the payments and be below the maximum total limits of your debts, which is $1 million or more for secured debts and $400,000 for unsecured debts.

The court will then approve a repayment plan for Chapter 13 bankruptcy. It is a payment plan that will last up for five years, and a trustee collects your money and distributes it to your creditors. Once the plan gets completed, the remaining unsecured debt will get paid off.

Who is Eligible for Chapter 7 bankruptcy?

If you want to apply for Chapter 7 bankruptcy, some conditions need to get met:

  • The average monthly income for the first six months will need to be under the median income of a family of the same size in your state, or you must pass a means test to decide whether your disposable income can cover partial payments to creditors. If you fail the means test, you can still apply for Chapter 13 bankruptcy protection.
  • In the past six years, you have not been able to apply for Chapter 13 bankruptcy protection.
  • If you try to file a Chapter 7 or Chapter 13 bankruptcy petition and your case is dismissed, you must wait at least 181 days before you can try again.
  • Generally, you must complete an individual or group credit counseling course from an approved credit counseling agency within 180 days before applying.
  • You may be eligible to file a lawsuit, but if the court decides that you are trying to defraud creditors, the court may dismiss your case. For example, if you take out a loan or use a credit card, then declare bankruptcy to avoid repaying the debt.
  • In the past eight years, you have not been able to apply for Chapter 7 bankruptcy protection.

What Debts Get Gorgiven in Chapter 7 Bankruptcy?

Chapter 7 bankruptcy usually releases your unsecured debts, such as credit card debt, medical expenses, and unsecured personal loans. At the end of the lawsuit, the court will usually clear these debts within four to six months after you start the lawsuit.

Certain types of unsecured debts do not usually get discharged through Chapter 7 bankruptcy, including:

  • Unsecured debts that you intentionally did not mention during the filing
  • Personal injury debts owed because of an accident caused by your intoxication
  • Court penalties and fees
  • Homeowners association fees
  • Tax debts
  • Student loans
  • Alimony
  • Child support

Your creditors can also object to and prevent specific debt relief. For example, a credit card company may object to the recent purchase of luxury goods or prepaid cash debts, and the court may decide that you still need to repay the credit card balance.

Besides, Chapter 7 bankruptcy may discharge your debts owed to the secured loan. A secured loan is secured by a mortgage, as in a home loan or the creditor has a property lien. However, even if the debt gets paid off, the creditor still has the right to cancel or recover your property.

How Long Does it Take to File for Chapter 7 Bankruptcy?

Usually, the entire Chapter 7 bankruptcy process starting from the first consultation of your credit to the court’s discharge of the remaining debts, is something that can take up to six months to finish.

However, your case may take longer, for example, when the trustee asks you to submit other documents, or whether they must sell your property to pay creditors. Or maybe you want to try to get your student loan discharged in bankruptcy. That is possible, but challenging, and may require a lengthy trial.

How Long Does Chapter 7 Bankruptcy Remain in your Credit Report?

Chapter 7 bankruptcy is a significant derogatory sign, and it may damage your credibility. From the filing date, Chapter 7 bankruptcy records can get retained on your credit report for up to 10 years, and from the filing date, a complete Chapter 13 bankruptcy can get retained on your credit report for seven years.

The accounts included in the bankruptcy may be deleted from your credit report earlier, as most negative signs will get deleted after seven years.

Life After Bankruptcy

Filing for bankruptcy can consume much energy financially, physically, and emotionally. However, this may be your best choice when bills continue to pile up, and you are unable to pay your creditors. You can also recover from bankruptcy and rebuild your finances and credit, but it will take time.

Source: https://www.experian.com/blogs/ask-experian/what-is-chapter-7-bankruptcy/

Speak With Our Bankruptcy Lawyers In Phoenix & Scottsdale

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Canterbury Law Group should be your first choice for any bankruptcy evaluation. Our experienced professionals will work with you to obtain the best possible outcome. You can on the firm to represent you well so you can move on with your life. Call today for an initial consultation. We can assist with all types of bankruptcies including Business Bankruptcy, Chapter 7 Bankruptcy, Creditor Representation, Chapter 5 Claims, Chapter 13 Bankruptcy, Business Restructuring, Chapter 11 Bankruptcy, and more.

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What is a Felony Drug Charge?

What is a Felony Drug Charge

When it comes to felony drug charges, they are much more severe than average drug crimes. Federal and state criminal laws state that felony charges have a prison sentence of more than one year along with hefty fines. However, misdemeanor charges will have a small jail sentence and lower fines. Felony drug charges get considered to be serious criminal charges.

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Get Representation And Education

You an represent yourself but the bets option is to get an attorney who specializes in drug charges who has the knowledge to defend people from drug charges to represent you. It is vital you appoint a lawyer as soon as you can. Their experiences and understanding of the system will assist you in comprehending the charges that have been laid against you as well as looking at solutions where the charges may be defeated. You can help by providing the lawyer with the information they need to build the most robust defense possible. Remember the more you can educate yourself about the process, the greater the chances of you working in tandem with your lawyer to get the best possible outcome.

Felony Drug Charge

When it comes to a drug charge, the difference between a misdemeanor and a felony will depend on different things. That could include factors like:

  • If the drugs were trafficked or sold
  • The type of drugs involved
  • The amount of drugs

The one question that people tend to have is if drug possessions are a felony. The answer to this is that drug possession can be either a felony if the type of drug is found in large amounts while it can be a misdemeanor if it is just a small amount that is being personally used.

In many cases, distributing, trafficking, or selling drugs is labeled as a felony for most state laws. That is because there is a more significant potential for people to be affected or harmed by distributing the drug. Although, there are times when a person has a drug that is over a certain amount, and it can get seen as intent to sell and not for personal use.

Felony Drug Charge Examples

A felony drug charge can involve different types of conduct. Some examples of felony drug charges can be:

Selling drugs: selling drugs could cause a felony charge. When a person has a large amount of a specific substance, it could cause law enforcement to assume that drugs were getting held to sell eventually, which gets labeled as possession with intent to sell.

Drug trafficking: Whenever illegal or drugs get transported, it gets labeled as drug trafficking. Even though these drugs may not get sold, just transporting them can cause a felony charge. That is especially true if large amounts of drugs are getting moved. The charges could increase if the drugs have gotten trafficked across state lines.

Possession of controlled substances: When a person has some drugs, it could cause a felony charge. The type of drug and the amount of the drug depends on state and federal laws. For example, drugs like marijuana will need high amounts to get a felony charge. Yet, other drugs like cocaine need only a small amount to be a felony charge.

Just as mentioned before, the drug type can determine if the drug crime is a felony. Drugs get classified into schedules. A Schedule I drug will be a substance that little potential for medical use and high risks.

However, a Schedule V drug will be one that has the potential for a lot of different uses and low risks. If a person is the possession of a Schedule I substance or drug, then they can get a felony charge.

Contacting an Attorney if Facing Felony Drug Charges

A felony drug charge can cause significant consequences. You may find that it is best that you consult a criminal attorney in your area if you may be facing a drug charge. The attorney will be able to provide legal advice as well as help to build a case for a trial.

Source: https://www.legalmatch.com/law-library/article/felony-drug-charges.html

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Constitutes a Felony Drug Charge?

What Constitutes a Felony Drug Charge

Crimes involving drugs may be convicted of felony or misdemeanor, depending on the type and quantity of drugs and other vital factors. As with all types of laws, the penalties for felony convictions are more severe than the penalties for misdemeanors, which may include years of imprisonment, suspended sentences, and heavy penalties. Because of the high cost of felony convictions, anyone facing criminal charges for possession of drugs must understand the conditions that constitute a felony.

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Get Representation And Education

You an represent yourself but the bets option is to get an attorney who specializes in drug charges who has the knowledge to defend people from drug charges to represent you. It is vital you appoint a lawyer as soon as you can. Their experiences and understanding of the system will assist you in comprehending the charges that have been laid against you as well as looking at solutions where the charges may be defeated. You can help by providing the lawyer with the information they need to build the most robust defense possible. Remember the more you can educate yourself about the process, the greater the chances of you working in tandem with your lawyer to get the best possible outcome.

Determining Factor

Possession crime may be regarded as a misdemeanor if it contains less dangerous drugs or a small amount of drugs. However, if drugs are considered more dangerous, the defendant possesses a large amount of drugs, the individual has sales intentions, or there are other “aggravating factors,” the felony can be convicted as a felony.

Aggravating Factors that could cause a felony drug charge could include:

  • Repeat offenses
  • Possession with a child under the age of 18 present
  • Possession near or in a drug treatment facility
  • Possession in a public area like housing units, pools or parks
  • Possession near or at school grounds

Nebraska’s laws prohibiting the possession of drugs are stringent because the state not only classifies drugs themselves as controlled dangerous substances (CDS) but also classifies them as compounds used to make drugs. Possession of Schedule 1 drugs gets considered the most dangerous because they have no medical use and are highly likely to be abused, and almost always get convicted of a felony. Examples of Schedule 1 drugs are heroin, LSD, and cocaine. In some cases, possession of Schedule 2 or Schedule 2 drugs may also get considered a felony, mostly if large quantities of this drug get found.

Simple Possession and Intentional Possession

The government usually automatically assumes the intention to sell or distribute drugs based solely on the defendant’s possession of a large amount of drugs. Even if a person’s motive is purely for personal purposes, a large sale can still presume the intention, that is, the state may overthrow a felony because the person poses a danger to others and the entire community.

If you or someone you know faces a drug possession charge, you can take immediate action to defend their freedom. Drug possession crimes charged with a felony can be fined $10,000 and imprisoned for many years.

Source: https://jsberrylaw.com/blog/when-is-drug-possession-considered-a-felony/

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

(480) 744-7711
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Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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How Much Does A Divorce Cost In Arizona? & Attorney Fees

On average, an Arizona divorce costs about $20,000. The average cost of divorce in Arizona without a Lawyer is $577. The average cost of divorce in Arizona with a Lawyer is $20,000. However, the average cost of divorce in Arizona can range from $15,000 to $100,000 per side when including expert witness fees.

Hiring a divorce lawyer in Arizona can cost as much as $550 per hour. The cost to file a Petition for Dissolution of Marriage Maricopa County is $349.  The responding party will be required to pay $279 when filing their Response, or if both parties have agreed to a Consent Decree, the $279 is still due and owing from the responding party when tendering a consent decree for the court approval. Want to find a cheaper way to get divorced in Arizona? Arizona collaborative divorce only costs about $10,000 per spouse.

*Disclaimer – These fees are always changing and this is not an actual quote. If you need an experienced divorce lawyer contact Canterbury Law Group to start your initial consultation.

These costs may include:

  • Monthly Child Support
  • Monthly Spousal Maintenance
  • The Division of Property and Debt
  • Attorney Fees
  • Waste Claims For Reimbursement
  • Claims for Breach of Fiduciary Duty
  • And more.
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How Much Does a Divorce Cost in Arizona?

Getting an Arizona divorce can be costly. However, how much you spend will depend on the type of divorce. A contested divorce with protracted proceedings will definitely cost more than an uncontested one. While there are no set rates, it is possible to get an approximate cost estimate based on historical averages of what divorcees spend on their cases.

According to some estimates, the average divorce case can cost as much as a new car. However, people typically do not spend more than $10,000 per spouse.

While costs will largely depend on attorney’s fees, most people do not realize it right away, but there are other costs to consider as well. Divorces that go all the way to trial will incur third party expenses for such things as depositions, a child custody evaluator, a business appraiser, and forensic accountants to present financial data to court. If the couple is divorcing with children, then the divorced parents will have to attend a Parent Information Program class. If the divorce diverts to a private divorce mediator, then that will be an additional cost for the mediator who typically charges an hourly rate.

How Much Does A Divorce Lawyer Cost In Arizona?

Most of the expenses will come from the attorneys. Consider, for example, the average cost of a divorce lawyer in Scottsdale. Family lawyers in the Scottsdale area charge between $250 and $550 per hour on average. If you hire an immensely experienced lawyer in Arizona, the cost can be as much as $400 to $750 per hour. In addition to the hourly rate, some lawyers also charge extra for drafting letters, printing documents, travel time, mailing, stamps and so on. Divorce lawyer fees in Arizona can total a combined average of about $20,000 per divorce.  However, there is no assurance that fees come in higher or lower than this figure because every divorce is truly unique.

After attorneys, those filing for divorces should expect to pay for outside expert witnesses. The divorce case may require the services of a mental health expert, business accountant, real estate appraisers, and many others. Collectively, these expert witness fees can cost as much as the attorneys. Of course, not all divorces require experts to testify or issue expert reports. If two people with a shared business or significant real property get a divorce, the expert fees can be meaningful. So how much does a contentted divorce cost in Arizona? In some contested divorces, total costs can range from $25,000 to $100,000 per side when including expert witness fees.

Learn more about Divorce In Arizona

How Much Does An Uncontested Divorce Cost in Arizona?

Divorces do not have to go to trial if certain conditions are met. If the divorcing spouses agree on the material terms of the separation, or if one spouse does not participate in contesting the divorce, then the case does not have to go to trial. As a result, the costs will be considerably less.

The divorcing couple can go to the court and file a Petition for Dissolution of Marriage. The court, depending on the county, will charge between $300 and $400 in filing fees. This makes the average court cost of an uncontested divorce in Arizona about $620. This does not include Arizona divorce attorney fees. If the two parties amicably divorce at this point, then only court fees will have to be paid assuming the parties are sophisticated enough to paper their own divorce.

If the divorcing couple needs legal assistance, for example, a divorce attorney in Scottsdale, legal fees at an hourly rate will have to be paid in addition to court fees. Some couples prefer to hire a mediator and legal counsel.  Mediators typically charge similar rates to attorneys. Overall, the fees of an uncontested divorce are far less in comparison to contested litigation.

If you are planning for a divorce, it’s best to talk to your spouse and amicably separate. Otherwise, you will have to be willing to pay a lot more for the lawyers to fight it out.

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation. You can also check frequently asked divorce law questions at Romano Law.

Learn more about Uncontested Divorce In Arizona

How Much Does Collaborative Divorce Cost in Arizona?

On average collaborative divorce in Arizona costs about $7,500.  Arizona collaborative divorce costs ranged from $5,000 to $10,000 according to Equitable Mediation. However, Canterbury Law Group has navigated many 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 inevitably can spend in a contested litigation in a court of law. Collaborative divorce is one of the peaceful divorce options, also known as amicable divorce.

Collaborative Divorce In Arizona

How Much Does Divorce Mediation Cost in Arizona?

Divorce mediation costs about $7,500.  Divorce mediation costs in Arizona ranged from $5,000 to $10,000.

Divorce Mediation in Arizona

What is the Average Cost of Divorce in Arizona?

The average cost of divorce in Arizona is $20,000. Arizona divorce costs ranged from $15,000 to $100,000 per side when including expert witness fees in. The cost of hiring a divorce lawyer in Arizona can cost as much as $550 per hour.

How Much Does a Legal Separation Cost in Arizona?

The complete cost of legal separation can vary enormously, from as little as $1,000 to in excess of $100,000 when matters such as alimony, child custody and having to work through the disposition of a very complex marital estate are to be decided. So, you can imagine, there are many factors coming into play to determine the total legal separation costs. Read on to learn more about these factors.

Legal Separation Cost

Arizona Divorce Attorney Fees

In a divorce proceeding, a request may be made to the judge by one party that the payment of the attorney fees for that particular party should be covered by the other party in the divorce process. The court can order attorney’s fees paid when the party being asked to cover the cost was not represented by legal counsel or when both parties were represented by legal counsel. The importance of this is delays and errors that are unintentional yet caused by the pro se litigant can have on the outcome of the award of the legal fees of the other party that were incurred when these mistakes were being dealt with.

A.R.S. § 25-324 is an Arizona statute allowing the for the payment of fees due to an attorney in cases of marriage dissolution. The court does have the discretion to award the attorney fees against a specific party in some circumstances.

When it comes to making a decision regarding a fee award, the court is obliged to objectively make an evaluation of how reasonable the legal positions were adopted by the parties during the divorce proceedings. The subjectivity of a spouse’s intentions is not taken into account when it comes to the decision made by the court and neither is the party’s lack of knowledge regarding family law, divorce law, local rules and court procedures. The court will examine the available financial resources of both parties before making a decision. What is more, the court will also take into account the financial disparity between the two parties and compare the fees that are owed versus the assets of each party and so on. In three circumstances, though, the court shall award attorneys’ fees against a party:

  • The petition was filed by the party in bad faith
  • The petition submitted by the party was not grounded in fact or the law
  • The party’s petition was filed for some “improper purpose, such as to harass the other party, to cause an unnecessary delay or to increase the cost of litigation to the other party.”

Other costs that may be considered for award include but are not limited to the following:

  • Deposition costs and expenses considered to be reasonably incurred during the litigation process and any following appeal
  • If the court makes the decision that orders money to be paid directly to the attorney of the requesting party, that attorney will be responsible for the enforcement of the order

Sources:

  1. “Alona M. Gottfried, Esq.” Arizona Mediation, azmediator.com/uncontested-divorce-arizona/.
  2. “How Much Does A Divorce Cost In Arizona?” Arizona Legal Center, 12 June 2018, arizonalegalcenter.org/how-much-does-a-divorce-cost-in-arizona/.
  3. 25-324 – Attorney Fees, www.azleg.gov/ars/25/00324.htm.

Need an Affordable Divorce lawyer in Scottsdale?

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The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale orPhoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  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.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Family Law Attorney, Scottsdale Attorneys, Scottsdale Divorce
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How Prenuptial Agreements Work

Are you about to get married? Maybe you had a simple wedding in mind that has now grown into a huge wedding as if it had a life of its own! However, the financial side of a marriage often needs even more careful planning as it can become complicated.

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Growing commitment and love are hallmarks of the period of time before a wedding. Most engaged couples think their marriage will last forever and do not want to consider the fact it may end in unhappiness. Yet with around 40 percent of marriages ending in divorce, it raises issues like:

  • How do you want your debts, property, and assets handled in the event of a death or a divorce?
  • Should one of the spouses receive alimony from the other?

In light of this and other issues, some couples are now considering a prenuptial agreement as the best way to prepare for any eventuality that may beset the marriage after the romance fades.

A prenuptial agreement is a private contract that two parties enter into to settle matters of finance in advance, should one spouse die or divorce. It is also known as a premarital agreement, a marriage contract, a prenup or an antenuptial agreement. It is not romantic but many experts in the financial field say it is a very smart idea. It takes your financial matters out of the hands of the state. However, you should have a serious and frank discussion with your romantic partner before you enter into such an agreement. Read on to discover the points you will need to address.

Is a Prenup Needed?

Some think only wealthy people require a prenuptial arrangement. In reality, a prenup should be considered by anyone who has liabilities, properties or personal assets. A prenup not only clarifies the financial responsibilities and rights for each party involved in the marriage but also addresses the distribution of property in an instance of death or divorce. They can also protect spouses from the debts each of them has previously accrued. They can address how property rights will be shared out with children from a previous marriage as well as determine if one partner can receive alimony. However, a prenup cannot cover any activities or actions that are illegal or that contradicts public policy. For example, child custody rights for a child yet to be born cannot be part of the contract. Usually, it is advised the prenup should only cover financial matters not issues like child-care responsibilities and household responsibilities.

It is normal for a time element to be part of a prenuptial contract. Most start on the wedding day and last for an indefinite amount of time. However, some are written to take effect once a certain number of years have passed. Others may state they end once the couple has been married for a certain length of time. This is another reason a prenuptial contract should be fully discussed with your partner well before the date of the wedding, so both parties can understand it fully and mutually craft a fair agreement.

If you are thinking about a prenup, you are going to have to be very honest regarding the state of your finances. An agreement can be invalid if one party hides something from the other party. Below is a checklist of important subjects to cover.

  • Draw up a list of all property, liabilities, and assets and their approximate market values.
  • The identification of important issues.
  • Stating your goals.
  • Honesty in prenup discussions.

You are ready to make preparations for the prenup once you have discussed the above subjects. To some degree, the preparation of a prenup is similar to the writing of your own wedding vows.

Prenuptial Agreements Costs and Legalities

Some people want to write their own prenuptial contract. Certainly, it is the least expensive method but if you do not know what you are doing it may lead to financial ruin down the road. It is often recommended that each party gets a separate attorney to handle the contract drafting. The attorneys you hire should practice family or matrimonial law. They will have knowledge of prenuptial contracts as well as knowing the laws of the state you will reside in once you are married. The attorneys work together to write the document with the best interests of each client in their mind. This can assure a prenup that is fair to both parties and helps it to be enforceable and valid in a court, should the prenup have to be invoked in a subsequent divorce.

Throughout the United States, prenuptial contracts are considered legally binding. Andif you reside in a community property state, assets that are obtained during the duration of the marriage are considered to be owned jointly. When a marriage ends, they are required to be distributed equally.

A prenuptial contract must meet the following requirements for it to be considered as enforceable and valid:

  • Not opposing public policy or be illegal.
  • Contains full financial disclosure and details.
  • Be in writing and signed.
  • Undertaken voluntarily by both parties.
  • The agreement is notarized.
  • The prenup is fair to both parties.
  • The prenup is completed before the marriage ceremony.

A judge retains the power to invalidate the agreement is it fails to meet one or more of these criteria.

Source: Franson, Margaret. “How Prenuptial Agreements Work.” HowStuffWorks, HowStuffWorks, 21 July 2008, money.howstuffworks.com/personal-finance/financial-planning/prenuptial-agreements.htm.

Contact Our Prenuptial Agreement Lawyers in Scottsdale

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Consulting with a talented Scottsdale prenuptial agreement lawyer or family law attorney who is knowledgeable and experienced in drafting and litigating premarital agreements will save you a great deal of grief and expense in the future. Contact Canterbury Law Group today.

*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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