Written by Canterbury Law Group

How to Divorce Without Going to Court

How to Divorce Without Going to Court

Learn about the techniques that can assist you avoid having to appear in court throughout your divorce.

Divorce Alternatives to the Traditional Process

Let’s start with a disclaimer: while some states enable you to acquire a divorce ruling without ever entering a courtroom, others require you to appear in front of a judge. However, if you can settle your disputes ahead of time, your court appearance will only take a few minutes, rather than the hours or even days that a contested divorce trial will take. You and your spouse can try to resolve your differences on your own, or you can use one of the Alternative Dispute Resolution techniques (ADR).

Solving Problems by Yourself

If you and your husband are on friendly terms, you might list your marital concerns and try to come to an agreement on each one. It’s a good idea to do some preliminary research on the topics you’ll be discussing so you don’t forget anything. Divorce concerns typically include any or all of the following:

  • partition of assets and debts
  • spousal support or alimony
  • child custody, as well as
  • support for children

You should have a divorce lawyer formalize your settlement by producing a Property Settlement Agreement once you’ve reached an agreement on all of your divorce-related concerns (also known as a Marital Settlement Agreement). In addition to the terms you’ve agreed to, this will usually include significant legal clauses. Keep in mind, however, that you and your spouse cannot employ the same lawyer; you should both have your own counsel evaluate the contract on your behalf.

Choosing a Mediator for Your Divorce

Mediation is a prominent ADR technique. Mediators are qualified professionals who assist spouses in resolving their conflicts (usually lawyers or child custody experts). The couple will prepare material and documents (such as tax records) ahead of time and meet with the mediator as many times as required to reach an agreement. The idea is to limit the parameters of the settlement to a written agreement.

Mediation is usually less stressful than going through a contested divorce. Sessions are usually held in the mediator’s office and are relatively informal. Although the couple can have attorneys present, it is not needed, which adds to the mediation’s cost-effectiveness. (Having attorneys there can actually be unhelpful at times, especially if the attorney is confrontational.) You will have to pay the mediator, although this is normally split between the parties.

Divorce Through Collaboration

Another type of ADR is collaborative divorce. The purpose is similar to mediation in that it is to establish an agreement, but it is structured differently.

A mediator or other third party is not involved in a collaborative divorce. Rather, each couple has an attorney and participates in “four-way” meetings in order to establish an agreement. Collaborative law attorneys often have specialized training in this area. In order to keep them focused on the settlement, most—if not all—states prohibit them from representing the spouses in future court cases if the negotiations fail.

Collaborative law is based on the concept of working as a “team.” To establish an agreement, all players are required to work together. Any professionals involved in the process (such as accountants, property appraisers, and child psychologists if there is a custody dispute) must be impartial and accepted by both parties.

If you’d rather have an attorney represent you throughout the settlement process, you’re more likely to choose collaborative divorce over mediation. But keep in mind that if you can’t come to an agreement, you’ll have to start the entire divorce procedure over with new lawyers. This could result in a huge increase in costs, as these new lawyers will have to learn the case from the ground up.

Arbitration in Divorce

Divorce arbitration is another weapon in the ADR toolbox, and it’s frequently used by couples who don’t think they’ll be able to settle their disagreement but want someone to make a decision outside of the traditional court system. Unlike mediation and collaborative divorce, arbitration’s purpose is for the arbitrator to decide the case and give a ruling, similar to what a court would do after a trial. (Divorce arbitration may not be available in all states; consult a local attorney to see if it is used in your area.)

The advantages of arbitration versus a court trial are numerous. The arbiter is chosen by you and your spouse. You cannot choose your judge in court. You can also choose to relax the standard rules of proof. For example, rather of having a witness attend in person, you can agree to accept the presentation of a witness’s sworn written statement. You’ll also collaborate to define the dates, times, and length of your arbitration sessions. That’s a luxury you won’t find in court, where disputed divorces can drag on for over a year and you can waste hours each time you go waiting for a judge to show up.

The most significant disadvantage of arbitration is that the judgement is final and binding. You usually can’t appeal unless the arbitrator is acting improperly. With a court trial, it’s nearly a given that you’ll be able to appeal. You’ll also have to pay the arbiter in addition to your lawyers. This can be costly, especially in complex circumstances.

Is it necessary for you to appear in court?

You must submit a divorce petition or complaint with the court to formally end the marriage, even if your case has been settled. The divorce is usually based on no-fault grounds (reasons), such as “irreconcilable disagreements,” by whichever partner files the case. You must submit the relevant papers and forms in states that do not require a court presence. These are frequently seen on the court’s website. A judge will approve the settlement and issue a final divorce judgment if everything is in order.

If your state needs a court appearance, you’ll notify the court clerk that your divorce case has been resolved once you’ve completed the initial divorce filing process. The case will be marked “uncontested,” and you will be given an expedited court date. In most cases, you’ll appear in front of a judge for around fifteen minutes, verifying the grounds for the divorce and answering basic questions about the settlement agreement. Again, the court’s website is likely to provide useful procedural information.

Regardless of which path you choose for your divorce, you should seek the advice of an expert family law attorney who can assist you throughout the process.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

How To Divorce Your Wife And Keep Everything
Written by Canterbury Law Group

Top 10 Questions to Ask a Divorce Lawyer

Top 10 Questions to Ask aDivorce Lawyer

If you’re going through a divorce and need an attorney, keep in mind that you don’t have to select the first one you come across. One of the most essential divorce-related decisions you’ll make is selecting the best lawyer to represent you.

Even if a friend or another lawyer has recommended a family law attorney, you should still do your research; examine the attorney’s credentials and make sure he or she has the expertise to handle your case.

There are many lawyers, and many of them advertise themselves as “family law” or “divorce” attorneys. Family law, on the other hand, is a specialization involving complicated legal principles that take time and experience to grasp. There are even more subspecialties within the field of family law, like child custody law, international custody law, guardianship, and a branch of the law regarding Qualified Domestic Relations Orders (QDROs), which are special orders that must be used to distribute certain types of retirement benefits.

Divorce also has a number of financial implications, including:

  • standards for financial disclosure between spouses
  • Before and during the divorce, restraining orders ban spouses from changing beneficiary designations or transferring assets.
  • alimony is a phrase that refers to a (how to calculate income available for alimony and the special factors courts consider when determining setting payments)
  • support for children (how to calculate child support in your state)
  • Property and assets, such as real estate, collectibles, venture capital interests, stock option portfolios, goodwill, or other company interests, are divided, and
  • the distribution of pension benefits

There is a large body of law that applies to these concerns (which varies from state to state). The government and/or the courts constantly alter or overturn these laws, so you’ll need to choose an attorney who is knowledgeable with the latest regulations and cases that pertain to your divorce.

You might feel comfortable selecting a less experienced family law attorney if you have a basic case with few financial difficulties and no children. If you’re going through a disputed divorce with significant assets, extensive financial concerns, or a complex custody fight, you should choose a family law attorney that specializes in family law and has experience with the issues you’re dealing with. See our article, Hiring a Divorce Lawyer, for advice on how to hire a divorce lawyer to handle part or all of your divorce case.

Ten Things to Ask a Divorce Lawyer

We’ve put up a list of questions you might want to ask a family law attorney during your initial consultation. These may assist you in determining whether or not this lawyer is appropriate for your case.

1. Do you specialize in divorces or do you handle them as part of your general practice? How long have you been working in the field of family law? How many cases have you handled involving family law? Is it true that you’re a “qualified family law specialist”?

2. What is your plan for dealing with my case? How long will it take for my case to be resolved?

3. How long does it take you to respond calls? In the event of an emergency, how can I contact you? What do you consider an emergency situation?

4. Will you be working on my case with anyone else in your office? What kind of background do they have? Is it possible for me to meet them?

5. What method will you use to bill me? How much do you charge per hour? Do you bill for the time I spend interacting with other lawyers, paralegals, and/or secretaries? If so, what is the rate of increase? What is the amount of your retainer up front?

6. What other costs (besides your own) do you plan to incur (for example, for private investigators, forensic accountants, physicians, and/or psychiatrists), and how will you bill me for them?

7. What do you think the total cost of this divorce will be? (Don’t be surprised if most divorce attorneys refuse to answer this question because the cost of the divorce is heavily influenced by the level of contention in your case.) The way attorneys respond to this question, on the other hand, may assist you assess them. An honest attorney will frequently respond that estimating fees in advance is tough. If an attorney offers you a very low fee, it’s possible that they’re just attempting to gain your business).

8. Do you allow me to bargain with my spouse directly? How can I keep my divorce costs down? Is there anything I can do on my own to reduce the amount you’ll charge me?

9. How do you think a judge would rule in my case, based on what you know about it?

10. What can you do to assist me in better understanding the tax implications of the decisions I’ll need to make?

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

Written by Canterbury Law Group

Sneaky Divorce Tactics

Sneaky Divorce Tactics

At the time, dirty ways to get back at your soon-to-be-ex may seem like a smart idea. Retaliating for your ex’s wrongdoings may provide you with a sense of satisfaction in knowing that you are exacting justice or giving your ex what he or she deserves.

However, the truth is that these dirty divorce techniques rarely benefit the perpetrator and nearly usually result in hostility. Dirty divorce methods can inspire the other side in the same way that the bombing of Pearl Harbor roused a sleeping giant. During your divorce processes, fight the impulse to be vindictive, because you may discover that the joke is on you. Here are some instances of things you should not do:

1. Don’t give him anything.

A female client is considering leaving her husband’s home. It appears that if she tells her husband that she wants to leave, he will stop her. It has to be done behind his back. She is furious with him and wants to get even with him, so when she leaves, she takes everything in the house with her. He has nothing to sit on and nothing to cook with when he goes home. She believes she’s shown him something, but all she’s done is provoke him and throw down the gauntlet for all-out war.

2. Cancel all of your credit cards.

I represented a mother of three whose husband, a doctor, was having an affair with a nurse. Both had engaged lawyers, but my client preferred to wait before suing her husband for infidelity in the hopes of reaching an amicable resolution.

My client had just returned from a lengthy journey with one of her kids and was about to pay for gas when her card was rejected. Her spouse, who earns around $1 million a year, chose to terminate all of her credit cards without warning. To say the least, the good doctor procured an adultery complaint and a temporary hearing in which the judge was apprised of his actions.

3. Obtain his dismissal.

Offended spouses’ eagerness to get their ex fired or in trouble with the IRS or, in one case, the Securities and Exchange Commission never ceases to astonish me. What could they be thinking while they’re simultaneously attempting to get enough money from their spouse to make ends meet? What a case of shooting oneself in the foot!

4. Turning Off the Power.

This is undoubtedly one of the nastier divorce ruses. Many people have called me to say that their phone, power, or cable has been switched off at their home without warning. Such an approach simply leads to a downward spiral of attacks and counterattacks.

5. Inform the Paramour’s Partner.

When an affair is discovered, a common reaction is to phone the paramour’s spouse and tell them everything. As a result, that spouse may launch an alienation of affection lawsuit, putting the marital assets at danger. Clearly, this is an extremely self-destructive decision. (There are situations when sharing this information is beneficial, but this should be done by the lawyer, not the client.)

6. Take the kids out of state.

At the time, such a move seemed like a great way to get even with your spouse. However, some cases show that it can be a good method to get a judge to grant custody to your husband in exchange for your bad behavior. It is considered kidnapping in several places.

7. De-clutter your bank accounts.

While this may bring some temporary relief and security, it may also result in an emergency hearing and the costs associated with it. It may also imbue the perpetrator with an unjust taint that they may never be able to escape. (There are situations when this may be essential, but only with counsel’s guidance and for very good reason.)

8. File a Child Abuse Complaint.

I believe that few people consciously make false complaints of abuse, but it is all too common for people in the throes of divorce to stretch regular events to their advantage. This is something that judges are well aware of. Allow no one to speak to your child if there is a risk of abuse, and bring them to a professional who is trained in interviewing children for abuse. Abuse allegations can be made in both directions, so tread carefully before throwing stones. Allow the experts to handle it.

9. Make your spouse feel humiliated.

Many people wish to teach their spouse a lesson by having summons or subpoenas served on them at work or in other humiliating locations. I’m aware of one situation in which a woman requested that the process server serve her husband immediately before he boarded a plane for an overseas hunting trip. Such gestures may provide gratification, but they can also lead to revenge and escalation of the conflict. Remember that they will one day have the power to embarrass you in the same way they embarrassed you.

10. Just because you can, pull the trigger.

Many times over the course of a divorce, there is an opportunity to file anything, take legal action, or seek a sanction, but the better option is to postpone or avoid taking action. Your husband, for example, is an adulterer. You have concrete evidence. You may believe that because the opportunity presents itself, you must file a lawsuit for adultery. However, history has shown that assessing the circumstance and determining when or if such action is most useful is frequently the best course of action. The mere fear of litigation, for example, may be more persuasive in negotiations than the actual filing of litigation.

All of the preceding rules come with the proviso that no rule should be obeyed if doing so would be risky. You have to do some things from time to time. The key is to seek the advice of skilled counsel and to ensure that your relationship with your counsel is not hostile for the purpose of being contentious.

Rather of focusing your efforts on hurting your ex, be sure that every move you make is actually geared to assist you move closer to a positive solution, not just to grasp a purely temporary advantage or to gratify an unproductive emotion. Let’s keep it that way!

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

How To Divorce Your Wife And Keep Everything
Written by Canterbury Law Group

How To Divorce Your Wife

How To Divorce Your Wife And Keep Everything

Divorce is a major life-changing event and can be devastating and traumatic for a family. If there are children involved, the divorce can have profound impacts on them, which they will carry with them their entire lives. However, if a divorcing spouse has a basic understanding of what the divorce process in Arizona will entail, he/she will likely feel a sense of comfort and be able to pass that on to the children.

  • A divorce action is commenced in Arizona upon the filing of a Petition for Dissolution. The Petition will include the filing spouse’s general positions relative to custody, division of assets and debts, financial support and attorney fees. The Petition for Dissolution must then be served upon the other spouse, who will have 20 days to file a Response.Once the initial pleadings have been filed, the next phase of a divorce begins. During the discovery phase, both spouses are required to disclose certain documentation that can be reviewed by the attorneys in order to make an assessment of what assets and debts exist and their respective values. In addition, formal discovery requests may be issued in this phase. Again, responses to discovery requests are primarily utilized by the attorneys to make an assessment of what and how assets and debts should be divided between the spouses. The discovery phase may also include depositions and requests for documentation issued directly to third parties.How long does a divorce take?In Arizona, a divorce can take anywhere from six months to one year to complete. This can be a difficult and unstable time for families because there are not yet orders in place relative to contact with the children, financial support and temporary possession of certain assets, including vehicles and the marital residence. Therefore, a spouse who needs assistance with these issues during the divorce process can file a Motion for Temporary Orders. Once this motion is filed, temporary orders can typically be issued by the court within 60-90 days and will stay in place until final orders are issued by the court or agreed upon between the spouses.

    Once the discovery process has been completed, then the attorneys and spouses can engage in settlement negotiations. There are several methods that can be used to negotiate and, hopefully, resolve a matter without costly, time consuming and emotionally tolling litigation. Depending on the facts and complexity of the matter, settlement negotiations can take place in correspondence between the attorneys, an in-person mediation through the court or during a private mediation. In the event that the spouses are able to negotiate an agreement, then the agreement will be incorporated into a final Decree of Dissolution, Property Settlement and Joint Parenting Plan.

    In cases where the spouses are unable to resolve some or all of the issues, it will be necessary to attend a trial where the judge will hear testimony from witnesses and review evidence. Ultimately, the court will issue the final orders for any matters that the spouses were unable to resolve amongst themselves. Once a trial is completed, the judge has up to 60 days to issue a ruling that sets forth the final orders. In some cases, the judge’s ruling is the final Decree of Dissolution. In other cases, the court directs one of the attorneys to draft a Decree of Dissolution that incorporates the rulings.

    Whether a divorce case settles or proceeds to trial, it is critical to have an experienced attorney on your side who can protect your rights and advise you as to what you may be entitled to under Arizona law.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

Written by Canterbury Law Group

Why Are Divorce Rates So High?

Why Are Divorce Rates So High?

What factors are associated with a higher risk for divorce? Read on to learn more.

  • Young age.  Marriage at a very young age increases the likelihood of divorce, especially in the early years of marriage.
  • Less education.  Research shows that those with at least some college education (vs. high school or not finishing high school) have a lower chance of divorce.   
  • Less income.  Having a modest income can help couples avoid stress that may lead to divorce.   
  • Premarital cohabitation.  Couples who live together before marriage appear to have a higher chance of divorce if they marry, but the risk is mostly true for those who have cohabited with multiple partners.  A common belief is that living together before marriage provides an opportunity to get to know each other better, but research has found those that live together before marriage have already developed some leniency towards divorce.   This leniency towards divorce is what leads the couple to become high risk. However, there are some caveats to these findings.  Research suggests couples who get engaged and then move in together are no longer at a high risk for future divorce.   Their commitment towards marriage reduces the risk of a future divorce.
  • Premarital childbearing and pregnancy.  Childbearing and pregnancy prior to marriage significantly increase the likelihood of future divorce.
  • No religious affiliation.  Researchers have estimated those with a religious affiliation compared to those who belong to no religious group are less likely to divorce.
  • Parents’ divorce.  Unfortunately, experiencing the divorce of your parents doubles your risk for divorce.  And if your spouse also experienced their parents’ divorce than your risk for divorce triples.  This does not mean you are predisposed to having your marriage end in divorce, only that you may need to be more aware of your marriage trends and work harder for a successful marriage.  For more information on what a healthy marriage entails click here.  

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

Written by Canterbury Law Group

Stages Of Divorce

Stages Of Divorce

LIke grief, divorce has stages a person goes through. In this post we briefly review those stages. Read on to learn more.

Denial. 

It is often tough to accept that you are in the middle of a divorce and you may think the divorce was entirely your own fault. This can send you into a whirlwind of emotions and thoughts You may think there is something you can do to get back with your partner.

Shock. 

You may act in a way in an abnormal way. The shock of the divorce creates different emotions inside your head that may cause panic. This shock becomes more pronounced when you realize how much time you invested in your marriage and family.

Contrasting Emotions. 

It will be tough to control your emotions. From feeling hope to feeling simply nothing but despair, you will try your best to make sense of all that has happened leading up to this point. You may also find that all you think about is the failure of your marriage.

Bargaining.  

You are still hopeful that your marriage will work out. You are willing to do anything to change yourself and just make things work. You may resort to drastic measures just to get your ex to change his or her mind. What you will need to realize at this point, though, is that you cannot control the feelings of other people. Bargaining only delays the harsh reality of divorce

Letting Go.

 When you realize that nothing you say or do will bring your marriage back, you stop blaming your ex-spouse and start to understand your faults and what contributed to the end of your marriage. You may also feel a sense of freedom and a better outlook about what the future holds for you. You can finally let go and move on.

Acceptance. 

The negative emotions finally stop. You feel that you are finally fit to lead a life that is filled with happiness and satisfaction. This stage will accompany a time period of growth. You will finally understand that there is life after divorce, and that there are more positive things to look forward to in your life.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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.

Written by Canterbury Law Group

Can I Get Divorced During Coronavirus?

Can I Get Divorced During Coronavirus

The coronavirus pandemic has impacted every aspect of our daily lives.  And many people may be mystified about what to do when they are considering or in the middle of a pending divorce. Courts are adapting to the new circumstances; video and online conferencing is becoming extremely popular and people can still get divorced. Read on to learn more.

Researching Divorce Options

Let us have a look at some of the ways you can communicate with your soon to be former partner.

Pro Se / Self-Represented

This is where the parties agree everything among themselves and file all the needed paperwork individually. Usually this is only done in very simple situations such as marriages less than 5 years, marriages without children or marriages where no meaningful wealth was accumulated.

Private Mediation

When divorcing and mediating, a third party agreed between the two principal parties leads communication to reach an agreement for settlement. A party may choose to retain the services of an attorney for advice and documentation review to serve both as a mediator and counsel.  Mediation is far more peaceful and typically less expensive than conventional litigation for a divorce.

Collaborative Process

A team of trained professionals works for each individual spouse including two collaboratively trained attorneys, an independent financial advisor, communications coach, adult counselor, or child specialist/advocate (if required) meet as a unified team with the two parties to develop a settlement. It is agreed litigation will not take place even when a settlement cannot be obtained.  Collaborative divorce can usually be completed within 120 days at 50% less cost compared to conventional court house litigation dissolutions.

Traditional Attorney-to-Attorney

Where two attorneys work and structure out a settlement on behalf of the parties and often try to dissuade the two parties from communication during the process of divorce.

Determining the best course of actions for you is key and you can look online and also go through reviews at state organizations specializing in mediation. Reach out to a few divorce lawyers, discuss the circumstances, and go from there.

Your Professional Team

Normally each spouse retains an attorney who has family law experience. Expense is always a factor. Similar to a primary care doctor, it is vital to feel comfortable with your divorce attorney. You may also retain a financial professional with a background in divorce who can help with financial calculations as well as a coach or counselor for psychological aspects of the process.

Financial Information

It is important to gather all of your financial details together. This would include tax returns, wage slips, investment and bank accounts, pensions, retirement plans, real estate, and business interests as well as debts like student loans, car loans, mortgages, credit card debt and such like. Much of this can be assembled online. However assessing the values of assets can be fraught with contention, so information may have to be updated or changed during the process of negotiation.

Budget

While you are mainly homeward bound, now is a good time to create a budget for your post-Decree life. This will assist in comprehending how much money you need to live on as well as assessing what will be the requirements for spousal support and support of a child or children as part and parcel of the agreement. It may well be your spending priorities have changed currently, e.g. spending less on eating out and gasoline but more on groceries and home utilities. This will have to be updated over the passage of time, so it is a good reflection of your needs and lifestyle options in seeking a fair settlement from your spouse.

Living Arrangements

Your budget may necessitate changes to your living arrangements. Real estate sales are still ongoing and oddly values are continuing to go up, but housing values may also lose value during the Coronavirus pandemic. So, having the latest real estate pricing information is key whether you are buying out your spouse, you are both selling the house, or you are looking to buy a new residence post-Decree.

Parenting

Even amicable divorce can have issues coming to grips with a viable post-Decree parenting plan. Right now, that ay have to be arranged through video and phone meetings and where children are involved, privacy may be an issue. With everyone residing under one roof, finding time that is not disturbed with your kids can be a challenge.

Logistics

The two spouses will have to decide whether to go ahead with divorce proceedings during the current pandemic. Even video conferencing may not always be possible as more and more people are having to stay at home. Once in person meetings are permissible, you will have the option of a video conference, or everyone masked up, meeting in person. Some video conferences allow break-out rooms, permitting private conversations.

The Coronavirus may be part of our lives for some time to come. If you go ahead with a divorce, you will have to be patient as some things will have to be handled differently that in the past. But with the right support, you can move forward with your life.  Most cases can still be resolved in 6 to 12 months.

Source: Tighe, Janet, and Susan Miller. “7 Tips to Smoothly End Your Marriage in the Age of Coronavirus, Where Divorce Is Harder than Ever.” MarketWatch, MarketWatch, 29 May 2020, www.marketwatch.com/story/divorce-during-the-pandemic-is-harder-than-it-already-is-heres-what-you-need-to-know-2020-05-27.

Need a Family Lawyer in Scottsdale?

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

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

Written by Canterbury Law Group

Amicable Divorce Checklist

Are you wondering how to get divorced amicably? The divorce process can seem overwhelming and complicated, but it doesn’t have to be. We’ve compiled a divorce checklist with the things you will need to think about for an amicable divorce.

If you follow this list of practical tasks it will help you to become an active and willing co-parent, manage your finances, and complete the right legal steps – leaving you to focus on building a positive future apart from each other into the next phase of your lives. Download the Amicable Divorce Checklist PDF

Decide on a beneficial parenting plan

  1. Decide on where the children will live.  Many parents split custody 50%/50% but each family is different.
  2. Devise a plan for when and how they will see each of you. Don’t forget to talk about special occasions: decide on arrangements for Christmas, birthdays and other holidays.
  3. Decide on who will pay for what, how the children’s lives will be financed (including school fees, sports, etc.).
  4. Decide out when and how other family members will see the children.
  5. Go over the rules for raising them and make sure you are both agree on them.

Outline your finances

  1. Decide on if you are selling or keeping the family home.
  2. If you are keeping the family home, figure who will live in it and who will move.
  3. Decide on how you will be paying for the homes to buy out the other party’s equity.
  4. If you are both listed on the mortgage, that will require a refinance or a complete sale of the property to release the other spouse’s credit score from being occupied by the house debt.
  5. Agree on how to divide your personal belongings – from the car to the coffee pot. If you cannot figure it out, buy a set of pink stickers and blue stickers—flip a coin for who gets the first pick, and then walk around the home together taking turns placing pink, and then blue stickers on the various items to identify who gets what.
  6. Find out what assets, investments and savings you have, and figure out how you will divide them.  If you must, include your financial advisor or other professionals to help you.
  7. Figure out what debts you have (overdrafts or credit card bills) and decide how to divide those too.
  8. Devise a plan for how to pay for any divorce fees incurred.  There are mandatory court filing costs of about $611 dollars—and if you are hiring lawyers, their fees can vary greatly.

Arrange and file the legal paperwork

  1. File your initial divorce petition.
  2. The other party must file a Response in writing within X days, and pay the responsive filing fee.
  3. After the cooling off period expires, mutually file a Consent Order if you want to make sure the agreements above are binding legally.  You must also include a Joint Parenting Plan if you have minor children in common.
  4. Decide if you’re going to make or modify your wills.

Think about who you need to inform on your divorce

  1. Inform all necessary organizations that your marital status has changed or is going to change. This is particularly true for beneficiary information on your life insurance or disability policies.   As a further example:
    • utility companies
    • tax office
    • credit card company
    • house insurance company
    • benefit office
    • banks
    • life insurance company
    • student loan companies
    • the mortgage lender
    • pension providers
    • your dentist
    • your eye doctor
    • any schools or other educational institutes

We hope you find this divorce checklist helpful.

Source

  1. “18 Point Checklist for an Amicable Divorce.” 18 Point Checklist for an Amicable Divorce – Blog, amicable.io/18-point-checklist-amicable-divorce/.

See Also

Divorce Checklist 

Divorce Consulation Checklist

Divorce Mediation Checklist

Need a Divorce Mediator or Collaborative Divorce Attorney in Scottsdale?

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 custodylegal guardianshippaternityprenuptial 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.