Divorce Attorney Archives - Page 15 of 16

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Written by Canterbury Law Group

15 June 2016

4 American Trends that Affect Divorce

The divorce attorneys at Canterbury Law Group have extensive industry experience and are authorities on the evolving trends in the divorce area. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so.

Contrary to popular belief; the divorce rate in the United States is declining. After peaking in 1980 with 22.6 divorces per 1,000 married women, aged 15 and older in the U.S., the rate has been going down ever since. In 2009, there were 16.9 divorces per 1,000 married women. However, what’s really happening is that there are fewer marriages overall. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

Here are four trends in society that are affecting divorce rates:

1. The surge in cohabitation ended. The number of cohabiting couples grew from 400,000 in 1960 to 3.8 million in 2000. But since then, rates of cohabitation have leveled off. About 12 to 14 percent of never-married adults lived together with a partner in 2008-2010, essentially unchanged since 2000.

2. People are delaying marriage longer than ever before. The percentage of women aged 20 to 24 who have ever married declined from 31 percent in 2000 to 19 percent in 2008-2010. For men, the percentage dropped from 21 to 11 percent.

3. Americans are increasingly jumping on the “marriage-go-round.” More Americans are going from marriage to divorce to remarriage, sometimes multiple times. Among currently married men, those who are remarried increased from 17 percent in 1980 to 25 percent in 2008-2010. The changes for women are similar.

4. Who are most likely to have “traditional” families in America? Immigrants. Regardless of education and race or ethnicity, immigrants tend to be married at a higher rate, are less likely to cohabit (except for Hispanics), and divorce and remarry at a lower percentage when compared with their U.S.-born counterparts.

If you’re contemplating divorce, hiring a great divorce layer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

Regular Post

Written by Canterbury Law Group

18 May 2016

Steps in the Scottsdale Divorce Process

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. It is common to discuss the first steps in the divorce process during the initial legal consultation. Although every case is unique, there are certain stages in divorce that everyone can expect:

1. File a Petition – One must file a Petition for Dissolution of Marriage, which is a public record that includes basic facts about you, your spouse and your children.

2. Spouse is “Served” – Once the Petition is filed with the Court, due process requires that the Respondent be “served” with the Petition along with a Summons to Appear. Once served, your spouse has 30 days to file a Response to the Petition.

3. Financial Support – Representing lawyers discuss if financial support is needed during the divorce case, including child support, maintenance and marital expenses.

4. Agree on Estate – Both parties partake in financial investigation, which involves determination of the value of the marital estate or “discovery,” which includes depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts are agreeable by both parties, they may choose to waive formal discovery. If both parties cannot reach an agreement, the attorneys may choose to submit the issues in controversy to the Judge during a pretrial conference. Pretrial conferences are conducted in the Judge’s chambers.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation.

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Regular Post

Written by Canterbury Law Group

11 May 2016

Crowdfunding Site Adds a Divorce Registry

The divorce attorneys at Canterbury Law Group are authorities on the evolving trends of divorce. Not only do the Phoenix divorce lawyers observe the progression of legal issues, but they have also witnessed the changes in perception of divorce.

Today, divorce holds less of a stigma in our culture than it has in the past. For example, divorce selfies, in which couples post happy photos of themselves on social media to celebrate their split, and divorce parties, where a newly single person either throws or is thrown a party to celebrate the end of their marriage, are a few of the popular divorce trends we see emphasized on social media.

The Phoenix divorce attorneys have also noted that crowdfunding site, Plumfund, has created a new, dedicated divorce registry for marriage break-up expenses. With online fundraising being such a popular option to raise funds in modern-day society, this is an area that we expect to see even further expansion in.

Plumfund’s simplified online fundraising and gift registry platform has made creating a divorce registry easier and more convenient than ever. Simply create a Plumfund divorce registry and spread the word to the divorcee’s friends and family. The registry allows people going through a divorce or their friends and family to raise money for expenses such as new furniture, legal fees and child custody. All of the gift money is easily accessed through PayPal or WePay. All personal information is kept private and safe, and is never sold or rented to a third party. The divorce category launched this March, and there are currently 114 active divorce registries on the site.

No matter what the newest divorce trends are, divorce tends to be a difficult process for all involved. The legal team at Canterbury Law Group is dedicated to diligently and compassionately solving clients’ life changing problems. If you are considering divorce, call us today to schedule your consultation.

Regular Post

Written by Canterbury Law Group

20 April 2016

Determining the Value of your Marital Estate

The divorce lawyers at Canterbury Law Group often see a spouse beginning a divorce without any clue of knowing the true value of their marital estate. Many spouses do not even have account access or numbers to the earning spouse.Fear not. Even if you are completely unaware of your family finances, when you file for divorce the time to finally and accurately determine all marriage assets will have arrived. Your Canterbury lawyers will make sure this happens. It’s the law. It’s not up to him or her.

Because Arizona is a community property jurisdiction, generally speaking, spouses own equally almost all property and debt acquired during the marriage, regardless of whose name is on it. Also, half of each partner’s income earned during the marriage is owned by the other partner, as well as debts incurred during the marriage are debts of the couple together. Do not let your spouse bully you—or suggest “they will leave you with nothing” if you challenge them in the divorce. They are not just bullying, they are plain wrong—under the law.

The “discovery” phase of your divorce case is used to determine information, including assets and values from the other side. In Arizona, court rules require mandatory disclosure by each side of any information that may impact their case. Therefore, your spouse must voluntarily provide you all such information, even without a specific request. However, relying on your spouse’s good will in adhering to this rule is not enough in many divorce cases. If informal requests for financial details go unanswered, or you do not feel confident you are receiving accurate information, you do have alternatives in gathering this information. Your Canterbury lawyers will be critical in unpeeling the complex layers of your family estate—and locating assets, by any means lawfully allowed—to maximize your recovery at trial.

1. Tax Returns. Personal, corporate and partnership tax returns can help in identifying property, accounts and assets sold during a given tax period. If your spouse is not forthcoming with copies of returns, or you believe the returns given to you are not the actual returns filed, you can request copies from the Internal Revenue Service.

2. Court Issued Subpoenas. A subpoena can be issued to a person or entity not a part of your lawsuit, including financial institutions and employers. The recipient of the subpoena legally has up to thirty days to physically produce the information requested. When issuing a subpoena to a financial institution, your spouse’s name and social security number is all that is needed in most cases to obtain information on accounts on which that social security number or name appears. Subpoenas to employers may work to obtain details including as history of pay, bonus information, employment terms and benefit information, such as retirement, pension, employee savings and stock option accounts. Bank statements and paystubs do not lie—your spouse can. By getting the documents up front, we can catch them in their lies.

3. Additional Legal Discovery Tools. If additional information is needed to determine the value of your marriage, there are other discovery tools that require responses given under oath:

Interrogatories – written questions to your spouse
Skip Trace investigations onto the “financial grid” to locate any assets linked to his or her social security number and date of birth. Assets at home, and abroad, can be located.
Requests for Production of Documents – written requests to obtain certain documents
Requests for Admissions – written questions to your spouse asking that he or she to admit certain facts as true
Depositions – oral question and answer sessions at which your attorney asks questions of your spouse while under oath, or an expert witness, or sometimes a third party in the presence of a court reporter, from whom a written transcript of the questions and answers can be obtained and the testimony is preserved for trial.

4. Outside Experts. In the unfortunate cases where a spouse is hiding assets or has engaged in pre-divorce planning, the hiring of third party specialists might be necessary in order to obtain the necessary information. Experts such as private investigators, asset location specialists and computer forensic professionals may be able to help you and your Canterbury team find the truth and get you paid.

When your family and livelihood are at stake in your divorce, it is critical to be prepared with a highly skilled team of litigation attorneys on your side. Canterbury Law Group was founded to provide no-nonsense legal counsel for Phoenix divorce cases at the highest level possible. We are an energetic and unified team of lawyers and paralegals deeply committed to your needs. Call now for an initial consultation. 480-744-7711.

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Regular Post

Written by Canterbury Law Group

13 April 2016

Prenups in Scottsdale

Prenuptial agreements are very common amongst all ages and classes of Americans, as they can provide important advantages for both partners in a proposed marriage. Many people have an instinctively negative reaction when they hear the term “prenuptial agreement.” However, this is not reality. In fact, prenups are often used to plan for future affairs and arrange things legally in ways that are mutually beneficial to both spouses.

The attorneys at Canterbury Law Group typically suggest prenups for people in their 30s or older with any substantial assets, children or a former spouse. Prenuptial agreements are particularly useful for people who are entering into a second marriage. In the case of remarriage, one or both spouses may already have significant assets, and may want to arrange that blood related family members from the first marriage inherit property and assets in the event of divorce or death after the second marriage.

The family law attorneys at Canterbury Law Group work diligently to provide prenuptial agreement advice in Scottsdale. If you’re considering a prenup, here are four tips from our legal experts:

Plan ahead. Begin the prenuptial agreement process six months to one year before your wedding dates to ensure that both parties have ample time to review it. Last-minute contracts are harder to enforce.
Eliminate your emotions. The emotions of falling in love can alter reality, so be sure to work with trusted advisers on this legally binding agreement.
Make your agreement realistic and legal. The goal is to have a contract that is enforceable and provide each spouse with an understanding of what they will get if the marriage ends.
Research your state’s law regarding marriage and property. Marriage property laws are different from state to state. Ideally, you have a licensed attorney handle the entire process from start to finish so you can focus on the exciting wedding to come.

If you need prenuptial agreement help in Scottsdale, Arizona, then contact Canterbury Law Group today to schedule a consultation. 480-744-7711.

Regular Post

Written by Canterbury Law Group

24 February 2016

Legal Trends in Divorce

Divorce has been around for centuries, but it is by no means a stagnant concept. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so. The family attorneys at Canterbury Law Group are on the forefront of these evolving divorce trends.

1. Decreasing Marriage Rate – Less Divorces – Contrary to popular belief; the divorce rate in the United States is declining. After peaking in 1980 with 22.6 divorces per 1,000 married women, aged 15 and older in the U.S., the rate has been going down ever since. In 2009, there were 16.9 divorces per 1,000 married women. However, what’s really happening is that there are fewer marriages overall as more couples are choosing to live together instead of get married. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

2. Increase in “Grey divorce” – Although the overall divorce rate is declining, the 50+ age group is seeing a dramatic rise in marital breaks. According to the National Center for Family and Marriage Research, which coined the term, “the divorce rate among adults ages 50 and older doubled between 1990 and 2010.” In fact, one in four people getting divorced today is 50 or older. The growing phenomenon even has a name to describe it: “the grey divorce revolution.” One possible explanation for the increase in divorce in older couples is the fact that there are simply so many baby boomers out there. Another factor could be that second and subsequent marriages have a higher divorce rate than first marriages—and those who have had several marriages are often older in general.

3. Mandatory Divorce Classes – While state laws vary greatly regarding divorce from no-fault provisions to “cooling off” waiting periods, nearly all states now offer courses or seminars to divorcing couples, especially those with children, according to the Association of Family and Conciliation Courts. In many states, attendance is mandatory before a court will grant the divorce of parents in particular. Such classes may include meetings with a therapist, watching videos, or role-playing.

Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Delay may result in limiting your options. Every situation is unique and the Scottsdale attorneys at Canterbury Law Group are well equipped to provide you with the tools to make the best decision that suits your particular situation.

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Regular Post

Written by Canterbury Law Group

3 February 2016

Criminal Conduct May Lead to Losing Marital Property

Arizona, California, Idaho, Louisiana, Texas, Nevada, New Mexico and Washington are community property states, meaning assets acquired during the marriage are typically divided equally when a couple divorces. However, this is commonly misinterpreted in that both parties must be awarded 50/50 on all community property and debts acquired during the marriage. This is not necessarily the case.

“Arizona divorce judges have the unfettered discretion to “equitably” allocate the martial estate as the judge deems warranted in any divorce case brought before him or her,” says Craig Cherney of Canterbury Law Group.

A recent case in New York is making headlines because the judge found that the husband’s criminal misconduct against the wife was sufficiently egregious to justify stripping him of all rights to the martial estate and awarding 100% of the property to the victim (wife.) “The same can happen in your case, if there is egregious or criminal conduct by one spouse against the other,” says Craig Cherney.

More About the Case at Hand

A man serving 40 years in state prison for raping his wife is not entitled to share her pension or any other marital asset in their divorce, a Brooklyn judge has determined.

State Supreme Court Justice Jeffrey Sunshine said the 2011 rape and other acts of violence and abuse by “Terrance T.” represent a rare instance where “egregious conduct” by one spouse toward another exempts the offending spouse from receiving any share of assets under equitable distribution.
Sunshine wrote that in a “civilized society,” the behavior of Terrance T. must be considered a bar under state Domestic Relations Law §236(B)(5) and §236(B)(6) to his receiving any marital assets from wife “Alice M.”

“The plaintiff, despite all she endured, compounded by the defendant’s steadfast attempt to interfere in her desire to move on, has displayed both courage and perseverance beyond what any human being should have to endure, and so is noted by this court,” Sunshine wrote in Alice M. v. Terrance T., 2015 NY Slip Op 51913(U).

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Regular Post

Written by Canterbury Law Group

20 January 2016

Same Sex Divorce in Arizona

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

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

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

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

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

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Same Sex Divorce in Arizona

Regular Post

Written by Canterbury Law Group

30 December 2015

Shared Holiday Time After Divorce

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

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

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

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

Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.

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Regular Post

Written by Canterbury Law Group

23 December 2015

More About Orders of Protection

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

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

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

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

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

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

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