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Custodial Interference In Arizona

Custodial Interference In Arizona

ARS 13-1302 is the Arizona statute governing custodial interference. An individual can face custodial interference charges when they knowingly act in a manner that contradicts an existing parenting plan or when they act in a way defying the legal rights of a parent. Custodial interference takes place when a parent makes a decision to purposefully hamper the custody rights of the other parent. Sadly, this is a frequently a contentious issue in cases of shared custody and can even result in charges of a criminal nature being filed because once they are established, custody orders are enforceable, more than that, they are also binding from a legal standpoint.

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When Can You Claim Custodial Interference?

Court orders have to be in place because if rights of legal decision making and parenting time are yet to be adjudicated by the court, there are no outstanding orders to be broken and there are no meaningful legal actions you can undertake until the courts sign off on the orders.

Examples Of Custodial Interference Include:

  • When parenting time has been scheduled, refusing to bring the child or children.
  • When the other parent has company making a visitation to the child or children without at first obtaining permission to do so.
  • Not returning the child or children on schedule.
  • Purposefully limiting the contact, the child or children have with the other parent.
  • Using enticements on the child or children to isolate the parent holding custody.
  • Taking the child or children before court orders are in place.
  • Taking the child or children when it is not parenting time according to the schedule already in place.

These are common examples but as each situation is unique you should talk to a family law attorney and they can make a determination as to whether your rights have been violated.

When your child or children have been born out of wedlock, the law states the custodial rights go to the mother until brand new court orders becomes effective. It is vitally important you do not take any actions against the child or children or the mother. This law will be enforced and can result in criminal proceedings.

When The Other Parent Interferes With Custody

Custody agreements are often contentious but when you have a court order already in place, you are within your rights to call law enforcement when the other parent refuses to stick to the agreed parenting plan. Your actions should also be reported to the courts. Minor examples of interference will likely be met with a caution from law enforcement as well as the enforcement of the agreed, court order, plan of parenting. In cases when a parent continues to interfere in this way, the police will now have written documentation of the behavior and if needed can make an arrest. In situations when the custodial interference has become very extreme, the courts have the power to make the following changes to the established parenting plan:

  • Transfers at a preset location that is neutral (sometimes a police station.)
  • Visits that have to be supervised by a third party.
  • Loss or restriction of custody and rights of visitation.
  • Penalties and fines.
  • Criminal repercussions.

Custodial Interference Penalties

As custody is an agreement that is court ordered, when this agreement is not adhered too, it is enforceable by law. The court system has the best interests of children uppermost in their thoughts. As per ARS 13-1302, custodial interference can be penalized by:

  • Class Four Felony: Interference by a non-parent.
  • Class Four or Class Six Felony: When a child or children is taken outside of state boundaries depending on the parenting agreement and the circumstances.
  • Class One Misdemeanor: When the child or children are returned within a forty-eight hour timeframe and they are unharmed.

As you can see, the penalties are serious. That said, it is usually only in the most serious situations where criminal charges are filed. More than likely, the initial penalty will result in a loss of current parenting rights. Always remember, any action by the parent that is contrary to the interpreted best interests of the child or children will be taken very seriously indeed.

Custodial Interference Law Exemptions

In some situations, the court allows a parent non-adherence to the parenting plan if the following applies:

  • A parent is protecting the child or children from harm.
  • Disruptions to the parenting plan that have been previously agreed upon.
  • Events the parents do not have control over.

There is no question it is frustrating to deal with custodial interference. However, the courts will be on your side and will protect your rights. The courts just will now permit a parent to continually transgress a parenting agreement that has been court ordered. The wellbeing of your child or children will be of primary concern and your own concerns will be taken seriously.

Source: “Custodial Interference in Arizona: Laws for a Disruptive Divorced Parent.” Mesa Divorce Lawyers & Family Law Attorneys, 30 May 2019, https://www.jacksonwhitelaw.com/arizona-family-law/custodial-interference-arizona/.

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Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianship, child relocation, fathers rights, grandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. 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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My Wife is Keeping My Child Away From Me? What to Do?

My Wife Is Keeping My Child Away From Me

The relationship between you and your wife has reached the point of no return. The wife says she is going to leave, and the kids are going with her. Legally, can she do this? Can you stop her from following through with these actions? What can be done legally to help you? What course of action do you take if she leaves with kids in tow having not obtained your permission to do so? Primarily, she just cannot take the kids and depart. She has no more rights to the child or children than the father, this is even more so when there is no custody or divorce agreement in place.

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What To Do When Your Wife Leaves With The Children

  • As a father you have certain rights and they need immediate protection in these circumstances. If you allow this to go on without any action, you are at risk of losing the rights you have when the custody and divorce case goes to court. You should immediately contact a family lawyer who will safeguard your rights.
  • Your attorney will immediately contact the attorney your wife has retained to commence work on an agreement. Avoid legal ramifications by deciding not to just show up and attempt to take the children back. Leave it to the attorneys. This contact from the attorneys will be documented and the courts will be able to tell, you did not just allow this to go on and that you want to maintain your involvement in the lives of your child or children.
  • A schedule for visitation needs to be created and adhered too as there is no doubt the time spent with our child or children will be examined during the divorce proceedings. If you want custody, be sure to be involved with the parenting decisions for the child or children and ensure you are there for them when they are with you. Avoid having them babysat. Instead, be a Dad and make sure the time you spend with them is quality time. Make sure no scheduled visits are missed, so it cannot be held against you. These are all things the judge will be reviewing.

Father’s Rights During and Following Divorce

Throughout the divorce process, you have certain rights as a father and your wife is not able to stop you from using those rights unless there are circumstances such as a substance problem or history of abuse. Examples of these rights include:

  • You wife cannot keep you from your children. And any attempt by her to do so needs immediate attention. You have the right to attend activities, events, sports games, graduations, plays, and so on. In situations where she is purposefully preventing you from doing so, tell your attorney right away and handle it through the legal process.
  • Should your ex-spouse remarry she may want your child or children to be adopted by her new husband. You have the right to stop this. No judge is going to allow this to occur if the father is meeting the agreed obligations and sticking to his visitation or custody agreements.
  • It is vital to provide the needed financial support to your child or children in order to protect your rights through the process. It is documentable evidence that you are meeting the financial obligations you have towards your child or children. Your right will remain in place by ensuring you stay current on these payments.
  • You have the right to share custody of the child or children with your wife during the divorce proceedings unless the courts have decided custody may not be shared. She is unable to force your hand on this issue unless you allow her to do so.
  • You have a right to have full involvement in the parenting decisions on behalf of the child or children, as their father. This ranges from religion, schooling, health care choices and so on. Disagreements will need to be worked out and it will demonstrate to the court that the pair of you can work for a common goal…doing what is best for the child or children.

Minimizing Problems With The Mother of Your Child Or Children During Divorce

If both of you realize conflict will be of no benefit to the child or children or yourselves during the divorce process, things should go a lot smoother. Disagreements are inevitable but serious conflict should be avoided at all costs.

  • By respecting the plans of the other person, problems should be minimized especially when it comes to things such as special events or trips. Discuss in advance any changes to schedules or pick up and collection times of the child or children. Open lines of communication are key.
  • You must remain consistent in your efforts. Being reliable and turning up when you say you are going to do so and following through with what you have said you are going to do, often helps to minimize other issues in divorce proceedings. This is an area where there is really no room for excuses so do not give her a just reason to become upset or frustrated with the situation.
  • You need to be able to communicate, clearly and concisely with your ex. If that is difficult, think about using an online service that creates and organizes schedules and you can leave each other messages on there. However, remember words said in text form can often be misconstrued as it lacks the subtlety of human intonation.

Source:  Baker, Nicholas, et al. “Can My Wife Take My Kids Away From Me? Family Law Rights.” Family Law Rights, 24 July 2016, https://www.familylawrights.net/blog/can-my-wife-take-my-kids-away-from-me/.

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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]

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Moving Out of State with No Custody Agreement in Arizona

Moving Out Of State With No Custody Agreement In Arizona

Can a Parent Move out of state without a custody agreement in Arizona? The short answer is no.

Courts in Arizona deciding whether a parent can relocate with their child or children have a duty to investigate if the move will harm the relationship the child or children has with the parent who is not relocating.

One parent often moves to another state following a divorce, be it for a new partner a new career or just a chance to start over somewhere else. Regardless of the reason, the move of the parent will have a significant impact on custodial issues.

A judge will decide and look at many different issues to decide custodial arrangements, if the parents are incapable of handling custody issues following the move. Without question these decisions are complex and it is vital you understand the circumstances that may impact your case.

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Overview of Arizona Child Custody Laws

In any custody decision, the interests and wellbeing of the child or children is given top importance. Some of the factors taken into consideration include:

  • The physical and mental health of each parent.
  • The relationship the child or children has with each parent.
  • The ability of each parent to provide stability.
  • If there is a history of abuse or domestic violence with one or both parents.
  • The adjustment required by the child or children to adapt to their community and home.

Based on this the judge will determine whether joint or sole custody should be granted to one of the parents for the child or children. Parents can share legal custody even when the one parent has lone physical custody of the child or children. But that parent may be in a better position regarding the relocation of the child or children.

Understanding Relocation Rules for Arizona Parents

A relocation is defined as a move out of state or a move within the current state they reside that is greater than 100 miles away from the current location of the child or children. When parents share legal or joint custody, the parent making the move must give 45 days’ notice of such a move. The parent who is not moving then can petition the court to prevent the relocation of the child or children. In circumstances where a judge refuses to allow the relocation, it means the parent cannot move with the child or children but may move without them.

How Will a Judge Decide a Relocation Case?

The primary factor a judge will consider in these cases is how the move may have negative consequences for the child or children. Each side will be required to submit a statement of evidence for the judge to consider. The judge will then hold a hearing to decide. At the hearing, the judge may hear live testimony from both parents, relatives, teachers, friends, as well as any others with relevant testimonies such as guardian ad litem. The judge will look primarily at these considerations:

  • The reasons for the move.
  • Is the move designed to limit the visitation of the other parent?
  • Will the quality of life improve for the child or children following the relocation?
  • The future as well as the past and present relationships of the child or children with both parents.
  • The impact of one parent having less time and ability to have visitation with the child or children.
  • The sibling relationships of the child or children.
  • The community and home adjustment of the child or children.
  • If the child or children are mature enough, what is their preference?
  • Any other factors thought of importance enough to be included.

A good example of this in Arizona is when a trial court decided on preventing the Mother from moving out of state with her child as there was not a good reason for the move. In these circumstances, the woman’s new husband was looking for a job as a welder in the northeast United States. As the stepfather had no training or experience as a welder and no job to justify the move, the court decided it was unreasonable. In the end the court of appeals had the trial court rehear the case to consider other determining factors such as the effects on the child the move would cause.

The burden of proof is squarely on the parent of the child or children to establish the move is in the best interests of the child or children. While courts acknowledge the right of each parent to further their career and understand that may mean traveling, it has to be measured against the other parents right to keep a meaningful relationship with the child or children.

Source: Otterstrom, Kristina. “Child Custody and Relocation Laws in Arizona.” Www.divorcenet.com, Nolo, 31 Mar. 2017, https://www.divorcenet.com/resources/child-custody-and-relocation-laws-arizona.html.

Speak With One Of Our Child Custody Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s child custody lawyers in Phoenix and Scottsdale will advance your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. We can help with legal guardianship, child relocation, fathers rights, grandparents rights, and more. Call today for an initial consultation!

We are experienced family law attorneys and will fight for you to obtain the best possible outcome in your situation. 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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My Wife Cheated On Me And I Want A Divorce

My Wife Cheated On Me And I Want A Divorce

Law offices across America often hear the refrain of: “My wife cheated on me and I want a divorce!” Thankfully in most situations we can help. Read on to learn the best way to negotiate through this difficult transition.

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One of the most mentally and psychologically painful experiences one can endure is when you discover your spouse has been cheating on you. The pain can endure for months as you come to terms with the situation. Understandably many men think the only option from this point is opting for divorce.

When Your Wife Cheats on You and You Want a Divorce

Your first port of call should be to speak to an experienced attorney. At this stage, you do not have to decide upon a course of action, but you should be aware of the options that are available. Similarly, just speaking to an attorney does not mean you will get a divorce, it just allows you the chance to obtain legal counsel regarding your current position. The attorney will explain the step by step process, should you decide on a divorce. They can also explain issues such as child custody and the division of property. You will also be made aware your divorce can go one of two ways, uncontested and contested. In short, a contested divorce is where the other party will not agree with the terms of the divorce you propose, and an uncontested divorce is when the other party does agree.

Does Infidelity Matter?

Since the advent of no-fault divorces, it means infidelity no longer has to be proven. However, the judge may take it into consideration if the acts of infidelity have had a negative financial impact on you. They may also consider the impact the infidelity has had on the child or children of the parents.

Property Division and Infidelity

Regardless of your wife cheating, it does not disqualify her from a property settlement. As Arizona is a state with a community property law, anything you acquired during marriage must be split evenly. The same applies to a division of debts, some will be considered separate and others will be considered community debts.

Alimony and Cheating

It is a fact, a wife who cheats will still ask for alimony in many cases. However, a court may offer her less alimony as it is based on financial need, if, for example, she has already moved in with her partner from the affair. You need to let your attorney know if the affair partner (or indeed any other party) is living with your wife before the divorce becomes finalized and of course, once the divorce is final.

Child Custody

A judge is always going to act in what they consider to be the best interests of a child or children involved in the divorce process. Sadly, courts will not always think your wife is a bad Mom, even if she has cheated on you. The only way something of this nature would come into play would be if her infidelity threatens the wellbeing of the child or children. For example, engaging in acts that can be described as sexual in nature around the children.

Sadly, many relationships can never bounce back after cheating. The damage is irreparable. But we are here to assist you in dealing with the relationship fallout following infidelity.

Source: “My Wife Cheated On Me and I Want a Divorce.” Maples Family Law, 17 Jan. 2019, https://www.maplesfamilylaw.com/divorce/my-wife-cheated-on-me-and-i-want-a-divorce/

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The Canterbury Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, 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.

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Arizona Breastfeeding Laws & Visitation Rights Breastfed Babies

If you are searching for Arizona breastfeeding laws or visitation rights for breasfed babies, this article might help. A recent news article about a judge ordering a breastfeeding mother to switch to baby formula to facilitate visitation for the father has reinvigorated an old debate. In a custody hearing in Maine, a father petitioned that his visitation rights were being violated because the mother is still breastfeeding the child. The estranged couple has a six-month-old baby that the mother is still exclusively nursing. The father wants overnight visitation rights on the weekends, but the mother refused on the account that she needs to breastfeed the baby.

The mother claimed that she couldn’t pump enough breast milk to arrange bottle feeding the baby when the infant is the father. So she claimed that the baby should be with her on the weekends. The magistrate court disagreed.  In the custody hearing, the judge sided with the father and said that keeping the baby for breastfeeding is “not a reason to prevent [the father’s] visitation,” and it could be “considered deliberate alienation” of the father. The court recommended overnight visits that would have the baby fed formula milk.

There are some other details to the case, but the core argument involving nursing mothers’ and fathers’ visitation rights has been percolating for some time. Pediatricians recommend breastfeeding babies for up to 12 months. There’s ample scientific evidence to suggest that babies should be breastfed to ensure their health and psychological well-being. The court cannot dispute these biological factors. However, when arranging parenting time for estranged spouses with infants, breastfeeding could become a hot-button issue.

While the case was adjudicated in a different state, it’s a common question that pops up in family court in Arizona as well. Arizona does not have specific laws with regards to how to handle parenting time for a breastfeeding child. In most cases, babies are kept with mothers so they can nurse on time. If the father wants to visit, then the visits are arranged for two or three hours in a manner that doesn’t disturb nursing. However, these arrangements can change due to court recommendations on what’s best for the child.

Ideally, the best way to handle a father’s visitation with regards to a nursing baby is for the estranged parents to discuss parenting time civilly. It’s strongly advised to obtain Family Law help in Scottsdale to devise a sensible parenting time plan in accordance with court recommendations, parents’ wishes, and, above all, the well-being of the newly birthed child. Fathers who want to spend time with nursing babies should first discuss arrangements with the mother, possibly with the help of a third-party mediator.

Of course, not all estranged parents would be able to sit down together and come up with a neat parenting time plan. In that case, going to court will be the last solution. However, judges decide visitation rights for fathers with newborn babies on a case by case basis. It’s unlikely and rare that a mother would be ordered to switch to formula if she doesn’t want to or is somehow unable to. As the law is not clear on this, only your lawyer will be able to present you with the best legal solutions for the situation.  And you never know, the Arizona judge to whom your case is assigned may end up agreeing with the judge from Maine.

Arizona Breastfeeding Laws

Many mothers wonder about breastfeeding in public. First, it is perfectly legal to breastfeed in public. In Arizona, the law clearly says a mother is entitled to breastfeed her child in public and is not subject to indecent exposure laws.

A.R.S. 41-1443

“A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.”

A.R.S. 13-1402

“Indecent exposure does not include an act of breastfeeding by a mother.”

Your baby has the lawful right to eat wherever you are. Having an upset, hungry, crying baby will call more attention to yourself than breastfeeding your baby!

What clothing do I need for breastfeeding?

Nursing in public is easy. You don’t need a special type of clothes. You can wear a loose fitting shirt or top that you can lift from the bottom. When the baby latches, let the bottom of your shirt cover your breast. Your baby’s head and body will cover the rest. You can practice in front of a mirror until you feel more confident about nursing your baby in public.

Do I need to use a nursing cover?

Some mothers are a little more comfortable nursing under a cover, but you don’t have to. You can breastfeed at your discretion without a cover as described above, but it is fine to use one if it is going to make you more comfortable. Your local WIC clinic may be able to supply you with a privacy cover, or a lightweight baby blanket is also perfectly fine.

If I’m in a public place, where am I allowed to breastfeed?

You can breastfeed anywhere you are, like the corner market, dentist’s office, or even the drug store. If you feel uncomfortable and need privacy away from home, you can find a dressing room, a fast food restaurant booth, or a nursing/ lactation room that will give you the privacy you want.

What if someone complains and doesn’t approve?

If you are in a public place and asked to stop breastfeeding your baby, ask for the supervisor or manager in charge of the establishment. A lot of people are uninformed, but the manager should be able to educate their employees about breastfeeding. You should feel confident that your baby’s needs are being met and be proud that you’re breastfeeding and providing your baby with the nourishment he or she needs!

Source

  1. “Breastfeeding in Public: Making It Work!” ARIZONA DEPARTMENT OF HEALTH SERVICES, Arizona Department of Health Services , azdhs.gov/documents/prevention/nutrition-physical-activity/breastfeeding/breastfeeding-in-public.pdf.

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

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

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How to Move Forward After a Divorce

If the time comes when you’re face to face with divorce papers, it can be a difficult time. You entered into your marriage with the hopes that it would last forever. Whether you’ve only been together for a couple of years or a couple of decades, a divorce can happen at any point in a marriage.

Once you’ve made it through the divorce process, one significant question remains – what do you do now? Depending on what your situation is like, that will help answer that question. However, there are a few general points that can help out anyone who just wrapped up a divorce.

Here are some steps to take to help you move forward after a divorce.

1. Mourn the Loss

Even if the divorce was your idea and no matter how long you were together for, you want to allow yourself some time to mourn the end of the marriage. There was something about that person that you initially enjoyed being around, and that can be difficult to let go. Before anything, allow yourself to have some time and space to gather your thoughts and go through the different feelings you may have.

2. Learn to Be Yourself Again

You may read that and think that you know who you are and you’re okay. Learning to be yourself again is more than that though. It also includes working through your feelings and getting used to being by yourself once again.

Depending on how long you were married for, it may take more time than others to rediscover yourself. Spend some time reminding yourself of what you love to do. Maybe you and your friends used to go out all the time, or you had a hobby you forgot about over the years. No matter what it is, embrace what you’ve forgotten.  Create a new here and now and future.

3. Accept You May Be Different

If you found through your rediscovering yourself that you don’t enjoy the same things that you used to before your marriage, which is okay. Part of the process after a divorce is accepting who you are today and that things will be different.

4. Do Something For Yourself

When you’re in a marriage, you live life with someone by your side. Sometimes that can get to be too much and make couples go their separate ways. If there is something you’ve always wanted to do but never did in your marriage, take some time to do it now.

Going through a divorce is stressful. Carrying that stress with you won’t help with anything. So, do something for yourself that makes you happy. Maybe it was a trip somewhere around the world or an exciting adventure your partner never wanted to participate in. Whatever it is, do something that will make you happy.

5. Take Life One Day at a Time

No matter how you feel after your divorce, take things slow for a while. You don’t want to find yourself in a situation in which you realized you’re not ready and you’ve moved too quickly. Take some time to do the things listed above, and wait until you are genuinely prepared to move forward.

6. Don’t Be Afraid To Be Alone

Being alone doesn’t mean you will never see anyone or that you will be isolated. Your just not in a rush to be coupled up. Society accepts singles, sometimes more than couples. This will give you plenty of time to rediscover yourself and work on you!

7. Consider Dating Again

The best way to move forward after a relationship is to start something new. This could be the perfect time to start dating someone new. Move forward without thinking that the new relationship has to be a permanent one. Just have fun!

8. Take On New Roles

Your partner probably handled specific roles in the relationship but now it is up to you to take on all of the responsibility. Don’t look at it like extra work, look at it as a new and exciting venture!

Further Reading

Source

Shaw, Gina. “After Divorce: 8 Tips for Reinventing Yourself.” WebMD, WebMD, www.webmd.com/sex-relationships/features/life-after-divorce#1.

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The Canterbury Law Group is an experienced divorce lawyer in Scottsdale. We can protect and advise you regarding: Divorce and property division, child custody, child support, child visitation, marital home and real estate matters, allocation of investments, retirement savings, and pensions, personal possessions, valuables, vehicles, closely help businesses, alimony and spousal maintenance, and debt division. To find out how our divorce attorneys can help your matter, schedule your initial case evaluation today.

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Grounds For Divorce In Arizona

Wondering what the grounds for divorce in Arizona are? This post should help!

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Learn more about the different options for divorce for couples in Arizona.

Couples divorcing in Arizona have a few different options if they would like to end their marriage. If you are facing this sensitive legal process, continue reading to learn more about the different legal approaches that may be available to you.

What Are Grounds for a Divorce?

Before a court grants your petition for divorce, you must have a legally acceptable reason for your request. Each state’s grounds will vary, but typically, if you and your spouse have tried to work things out without a positive result, sometimes it’s enough reason for a judge to agree to your divorce petition.

Courts consider this as a “no-fault” divorce, which just means that neither spouse is responsible for the collapse of their marriage. In Arizona, couples only need to appease to the court that their marriage has suffered an “irretrievable breakdown” and the marriage is irreparable.  One cannot force the other spouse to remain married.

The only stop to a dissolution of marriage petition is that the marriage is not irretrievably broken. Unless your spouse can persuade a judge that you both want to still be married, even though you filed for divorce, the judge will grant your petition for divorce.

Fault and No-Fault grounds for divorce in Arizona include:

  1. The marriage is irreconcilably broken (the No-Fault ground) or, if the marriage is a covenant marriage (Arizona identifies what is deemed a “higher” form of marriage called a “Covenant Marriage”) the probable grounds for a Covenant Marriage are as follows:
  2. Either partner committed adultery.
  3. Either spouse is lawfully imprisoned.
  4. Desertion or Abandonment.
  5. Physical and/or Sexual Abuse.
  6. The spouses have been living separate and apart continually without reconciliation for at least two years prior.
  7. The spouses have been living separate and apart continually without reconciliation for at least one year from the date the order of legal separation was entered.
  8. Alcohol or Drug Abuse.
  9. Both parties agree to a termination of the marriage.

Fault-Based Divorce in Arizona

In the past 50 years, nationally each state has adopted some type of no-fault divorce, but some states continue to let parties to allege particularized grounds as a reason for divorce. However, Arizona only authorizes fault-based divorce if the spouses have a legally binding “covenant” marriage.

Covenant marriages are uncommon, and only three states—Arizona, Arkansas, and Louisiana —allow this option. Unlike traditional unions, which will enable couples to marry and divorce with very few restrictions, couples who wish to enter a covenant marriage must:

  • take part in premarital counseling
  • when petitioning for a marriage license, decide how they will handle divorce, and
  • agree to participate in pre-divorce counseling.

If the spouses demonstrate a valid covenant marriage to the court, a judge can only grant the divorce if the filing spouse confirms any of the subsequent grounds:

  • the at-fault spouse cheated on the other during the marriage
  • the at-fault spouse was involved in a felony, and the courts sentenced the spouse to imprisonment or death
  • either spouse deserted the marital home for at least 1 year before the requesting spouse filed for divorce
  • the at-fault spouse sexually or physically abused the petitioning spouse, a child, or relative of either spouse, or
  • the at-fault spouse has chronically abused alcohol or drugs.

What if My Spouse and I Agree to a Divorce?

Divorce is sensitive and can be complex, but it doesn’t have to be. If you and your spouse can start the divorce process agreeing on the more significant legal issues, like child custody, alimony, and property disbursement, you can request the court grant you an uncontested divorce.

Uncontested divorces don’t require a trial, so it typically means less time and a lot less money, even if both spouses hire lawyers.

Before a court can agree to your petition, both spouses will need to agree that the marriage cannot be salvaged. Also, you will need to present a mutual settlement agreement to the court that clarifies how you will divide your marital assets and debt, and whether either spouse will support the other with alimony, also known as spousal maintenance.

If you have children, you will have to determine which spouse will care for the children, how you will divide visitation times, and who will pay the child support.

Uncontested divorces only work if both spouses agree on each and every issue, if you disagree on any issue during the process, the court will proceed as if it’s a contested divorce. Contested divorces usually require a drawn-out divorce trial where a judge will decide on the major issues. A divorce trial often results in increased legal fees and more time in court.

What Are the Requirements for a Divorce?

Like a lot of states, Arizona has a residency requirement that you must satisfy before you file for divorce. Couples must show that at least one of the spouses has lived in Arizona for a minimum of 90 consecutive days before petitioning for divorce. In addition, there is a waiting period of at least 60 days from the time you file to the time when a judge can approve your final divorce papers. These requirements help prevent spouses from shopping around for states or judges they think will award a more suitable custody arrangement or property arrangement. Learn more about divorce in Arizona.

What Happens After a Divorce?

After you (or a judge) determine the final terms of your divorce, the judge will provide a signed copy of the judgment of divorce via a signed Decree. This legal document ends your marriage permanently, and will address the following issues:

  • parenting time, custody of the child and child support
  • alimony (spousal maintenance) payments
  • division of marital assets and debt
  • each spouse’s obligation for their attorney’s fees, and
  • any name change(s) (restoration of maiden name).

This final decree and judgment is a vital record, so keep it in a safe place and refer to it anytime you have any doubts about the details of your divorce.  You may also need the Decree in the future when refinancing mortgages or purchasing other assets insofar as a lender may want proof of your dissolution status.

Speak With One Of Our Divorce Attorneys In Scottsdale

(480) 744-7711
INITIAL CONSULTATION

Canterbury Law Group’s divorce attorneys in Phoenix and Scottsdale will handle your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, divorce mediation, collaborative divorce, and more.

We are experienced divorce attorneys and will fight for you to get you the best possible outcome. Our law firm will represent you fully in court, so you can get on with your life. Call us 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.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation
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5 New Year’s Resolutions for a Happier Marriage

A new year means a fresh start for many. It’s a chance to begin something new, whether or not you have been working at it for years before.

A new year can be just what some couples need, especially if the word divorce has come up in the past. There are New Year’s resolutions you can make that focus on you and your spouse to work at your marriage and fix any issues that have been bothering you.

Even after working at your resolution to help your marriage and it’s still not working, there is always your divorce lawyer in Scottsdale to help you evaluate your next path. Before that though, try some of the following New Year’s resolutions for couples who want to work at a happier marriage.

Have More Date Nights

A healthy marriage is one in which the couple spends time together with just the two of them. Regular date nights are a way to ensure that you have that quality time.

Date night could be anything from sending the kids off on a sleepover and having a movie night at home, to going away for the weekend to your favorite destination. Either way, the purpose is to spend alone time with your spouse.

Turn the Phone Off

Smartphones can quickly become an issue in a relationship. If you spend more time browsing your phone than you do talking with your partner, there’s a good chance an issue will come up, if it hasn’t already.

Have times during which you turn your phone off so that your attention is on your spouse and family. Don’t think that you can multitask and talk with your spouse while on your phone. It just doesn’t work that way.  The phone will alienate your spouse and your children.  Put it down for the night and focus on your spouse and kids.

Show How Much You Care

Sometimes, all a marriage needs to keep it on track is for the partners to show each other that they still care. It’s easy to forget that we still need that attention and affection after many years of marriage. We may know that our spouse loves us, but if they don’t ever say it and show that they do, that confidence can quickly fade away.  We’re all vulnerable and need affirmations of love and respect from our spouse.

Work on Communication

Communication is key in any relationship, especially in a marriage. Many fights could be avoided if the couple would properly communicate with each other.  Good communication should include when things are negative as well as when they are good. Your partner should be able to sit down and talk through any problems he or she may have, and vice versa.

Grow Your Passion

The longer you’re together, the easier it is to let the passion between the two of you fade away. Not only that, many start to lose their passion for their everyday activities in general. When that passion fades, it’s hard to be happy.  The average healthy couple who does not divorce is romantically together only 11 times a year! That is not a lot for most couples, but consider making a mutual goal to be together at least once a month to stay the course and make the marriage last for 20, 30 or 40 years or more.

Make 2019 a year that you and your partner grow your passion between the two of you, and with life. Remember why it is that you are with each other and focus on that. Take trips that will boost your passion and reignite that connection all over again. Fuel your passion for your own life by getting back into the things that you love.

Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Legal Help
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Get Your Finances Ready for Your Divorce With These 6 Tips

For some couples, no matter what they do to fix their marriage, the only option left for them is to get a divorce. Going through this process is not fun emotionally, mentally, or financially.

Divorces can quickly get messy when finance issues start to rear their head. Separating money between the two parties can cause many fights and resentment. However, it is a necessary and crucial part of the divorce process.

Although your divorce attorney in Scottsdale will have advice specific to your case, there are some general tips to help you get your finances ready for your upcoming or pending divorce.

Gather All Necessary Documents

You’ll need to gather all the documents that show what you and your spouse’s financial situation is like. It is a good idea to have a copy of things like your checking and savings account, any investments, loans, credit card statements, retirement accounts, and income tax. The more organized you are with your finances, the smoother the process is likely to go.  Plan on gathering up at least 24 to 36 months of statements for the past 2 to 3 years on all accounts.

Don’t Start Overspending

When you know that you’ll be getting a divorce, try to keep your spending habits either the same or more conservative. Deciding to go and spend all of yours and your spouse’s money before the divorce begins could certainly work against you once the case begins.

Ensure that the two of you have sufficient money set aside for the attorneys and anything else related to the divorce (e.g. expert witnesses).

Leave Large Financial Decisions for Later

Once a divorce is certain, it may be tempting to go and take your soon-to-be ex-spouse off of your life insurance, health insurance, or anything else that his or her name is on. You may want to hold off on that though.  Once the case begins, you are prohibited from canceling insurance coverage or joint accounts.  The judge will certainly want things to remain status quo until the case resolves.

Jumping too quickly into significant changes that remove your spouse could work against you in court. Many of those issues will need to be negotiated out during the legal proceedings. The judge takes issue with what you may have done without the blessing of the court and reward your spouse instead.

Make a note of Your Assets

It’s important that you have a clear picture of all the assets and liabilities you and your spouse possess. Make sure to note what is owned together and what you each bought before marriage. These documents will help you out when it is time to split things between the two of you.

Ask for Help

When in doubt, talk to your attorney for help on how to handle your finances during a divorce. He or she is there to help you navigate the case, so it is wise to take advantage of that. You will be able to get advice precisely tailored to your family wealth situation.

Start Budgeting

Once the divorce is finalized, you’ll be living without the help of your spouse. Especially if he or she was the primary income for the family, you likely will need to adjust your spending habits.

Start budgeting with only your income in mind. See how you will be able to manage all of your expenses and if you will need to bring in any additional revenue. By starting now, it will help prepare you for when the divorce ultimately concludes.  They all do.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce, Scottsdale Legal Help
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4 Tips for Handling a Divorce While Working

Going through a divorce can affect all aspects of your life. It can be mentally draining, financially challenging, and even seep into your work life. Although you try your best to leave life at home at the door and enter into your professional mindset, if you’re going through a divorce, it’s likely going to be brought into the office at some point.

It’s important that you know how to handle a divorce while you are working. By getting ahead of the game and preparing for anything, you’ll be able to better manage each curveball or tough day that may come. To help prepare you, here are a few tips from your divorce lawyer in Scottsdale for handling your divorce while working full time.

Inform Your Boss

You don’t want to leave your boss in the dark about anything going on in your life that could affect your mental health and daily work performance. Since divorce can be mentally draining, it could interfere with your daily tasks at work. From phone calls to meetings and even court dates, those will all interfere with work at some point.  Be honest and transparent with your employer.

Inform your boss that you are going through a divorce. This is a life-changing event that your boss can help you with on the working end of things. No one says you have to pour your heart out and go into detail about what happened. However, informing him or her of the situation, that you may require some schedule flexibility to attend any court-imposed obligations, all while you are still committed to your own work responsibilities.

Speak With Any Officemates or Teammates

If you work closely with a co-worker, whether it be on projects or sharing an office, you should also inform them of what is happening in your life. Preparing them for any mood changes, more phone calls, and unexpected appointments, or having to take a mental health day, they will be able to handle the situation more delicately.

Anyone you work closely with, you don’t want to leave them in the dark. By letting them know of your pending divorce, you can lean on them if needed. If you fall behind, they’ll have a better understanding of what is going on and be able to help you out.

Speak With HR

Going through a divorce will likely affect work because of your insurance and retirement plans. All of this information will come from your HR department. Once you know the divorce is happening, sit down with HR and go through the details of any plans and coverages that will need changing later on or retirement account balances that may need to be split with your spouse.

Keep Personal Feelings at Home

Although you’ll likely have conversations here and there about the divorce and how you’re feeling, you should keep your personal feelings at home as best as you can. This means that you should avoid any negative comments of your spouse and anything that could make people feel uncomfortable. If you do not want to go into detail, make sure your coworkers know that you prefer to keep things private.

Do not let your pending divorce take over your work. Think of your job as an escape from the stress at home. However, there will come a time when the divorce process may interfere with work. By keeping on top of things and informing your boss and coworkers of what is going on, you can help make the process go as smoothly as possible.  Transparency and truth, tempered with your discretion and professional judgment, is a careful balancing act.

Divorce Attorney, Divorce attorneys Scottsdale, Divorced Parents, Scottsdale Divorce
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