Divorce Attorney Archives - Page 4 of 16

Regular Post

Written by Canterbury Law Group

14 March 2022

Legal Separation Before Divorce

An arrangement ordered by the court, a legal separation is when married couples live apart from each other and lead independent lives. It is a popular option when the parties concerned are considering the future of their relationship abut also want to ensure financial responsibilities and other boundaries are going to be honored by both sides. In some areas, this is a necessary step in the divorce process. Read on to learn more.

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Facts To Consider

The court may order specific obligations in the areas of finance, visitation of a child or children as well as custody of a child or children and support for a child or children.
Although legally separated there may be particular benefits there are entitlements too.
For some people spiritual beliefs and financial reasons as well as for the wellbeing of minor aged children may be a factor in obtaining a legal separation versus a divorce.
A legal separation is an agreement ordered by the court where the two parties have separate lives, and this means they usually live separately.
Legally separated couples can sometimes remain “insured” on the other person’s health, dental and vision insurance—check with your carrier before going this route.

How Does It Work?

There are many reasons for wanting a legal separation including:

Religious reasons forbidding divorce, whereas legal separation allows the majority of the benefits of divorce.
When the marriage still has the possibility of recovery.
Legal separation is sometimes best for a couple with minor aged children, promoting stability.
The retention of retirement and health benefits.

Some couples choose this route without a court order and many are embracing informal separations and no-fault divorce cases, making legal separation in a formal sense less common than it used to be. When the separation date arrives, the party’s ability to spend money from a bank account or credit card held in both names is limited – as well as bringing in controls over vehicles and property. Each party following the separation ate becomes responsible for their own finances.

Legal Separation Benefits

Once a couple have reached their tenth wedding anniversary certain future benefits may be contended with. When deciding to separate, the legal separation agreement may keep some entitlements of benefits intact. For example, those married to members of the military must remain married for ten years to benefit from the Uniformed Services Former Spouse Protection Act. Once married for ten years, it also means you can benefit from particular social security benefits. You may be able to draw a larger sum if you can draw the benefits of the social security retirements of your former partner. Nonetheless, there are time a legal separation is preferential to divorce. The separation may be temporary whereas a divorce is a permanent condition absent remarriage. It can also be used as a “last chance saloon” to save a troubled marriage. Legal separation also has the benefit of being less costly than a divorce and to go through the process before continuing with divorce can make the whole situation for a child or children easier to endure.

Do Divorcing Couples Have to Live Separately?

Depending on where you live, you may be unable to live apart—again, many states require spouses to separate before a court can grant a divorce.

State Requirements Regarding “Separate and Apart”

Your state may require you and your spouse to live “separate and apart” for a specified period of time prior to filing for divorce or a judge finalizing your divorce. Each state has its own set of rules.

States That Do Not Require Divorce

The majority of states (particularly those with no-fault divorce) do not require spouses to live apart prior to divorcing. California, Texas, and Florida are all non-separation states. If you live in one of these states, you are permitted to cohabitate with your spouse during the pendency of your divorce.

If you’re unsure whether your state requires separation prior to filing for divorce, you can conduct research on the state’s divorce laws, contact a local family law attorney, or contact a local legal aid department.

Do We Need a Separation Agreement in Writing?

When a couple divorces, it is possible, if not probable, that communication is disrupted to some degree. Even if you and your spouse are amicable when you separate, your relationship may deteriorate as the divorce process progresses. By documenting the terms of your separation, you can avoid future conflict or uncertainty. Additionally, if you decide to continue living together during your divorce, a separation agreement is critical to demonstrate your intention to separate on a specific date. Similarly, if you live in a state that requires you to separate for a period of time before the court will accept your divorce petition, a separation agreement is an excellent way to establish your separation date.

Your written separation agreement can serve as a road map for your relationship until the court accepts your divorce petition and issues temporary orders, if necessary. (Temporary orders may include provisions regarding child support, child custody, spousal support, and property division.) Having said that, if you and your spouse are unable to agree on how you will handle things during the separation or if you are unable to convince your spouse to sign a separation agreement, you may petition the court for temporary orders prior to initiating the divorce process.

The Separation Process’s Subsequent Steps

Divorce is a lengthy process. It could take up to a year from the time you file your case to the time the judge rules on it. On the other hand, depending on your state, you may be able to divorce within 30 days if you have an amicable divorce with few hiccups. In either case, you should have a contingency plan in place while you wait.

Take out a credit card on your own. Divorce can have a detrimental effect on your credit, so obtaining your own credit card now can help you establish credit and maintain independence from your spouse. Establishing a separate credit card or bank account (discussed below) will also assist you in establishing your separation date during the divorce process. (When it comes to property division, child support, and spousal support, the judge will need to know the date of separation.)

Maintain separate bank accounts. Following that, close your joint bank accounts and open new ones. If you and your spouse are unable to agree on how to divide the money in your accounts or if you have concerns about how to divide your paychecks, keep the joint accounts open but open an individual account as well.

Create a property list. Begin by compiling a list of your exclusive personal property and presenting it to your spouse. If you have a disagreement about something, you can attempt to resolve it without involving the court.

Recognize areas of agreement. If your spouse is willing, your period of separation may enable you to negotiate the terms of your divorce calmly. Discuss issues such as spousal support, child support, and child custody. If you believe you and your spouse are capable of negotiating the terms of your divorce collaboratively, you can look into DIY divorce services together or consider hiring a professional mediator to assist you in resolving any disagreements. Considerable forethought can go a long way in a divorce. Likewise, healthy communication is possible. Take the time to chart your course as you embark on the next phase of your life, including when it comes to establishing a healthy living situation that protects your rights. You’ll be glad you invested your energy early in the process as the divorce progresses.

Need a Legal Separation Lawyer in Scottsdale or Phoenix?

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As family court lawyers, we have built 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 lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

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

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Regular Post

Written by Canterbury Law Group

9 March 2022

Reasons And Rights For Legal Separation

Reasons For Legal Separation

A legal separation is a legal procedure (similar to a divorce) in which a married couple petitions (asks) a court to allow them to live separate and apart from one another and terminate any marital obligations. The only difference is that the couple is still technically married, which means they have not terminated their marriage and are unable to remarry unless they divorce.

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Legal separation is also known as a “limited divorce,” “judicial separation,” or “separation from bed and board,” depending on the state in which you live. In some states, spouses must first be legally separated before filing for divorce. The time it takes to get a legal separation is usually between 6 months and 2 years, but it varies depending on the laws in each state.

In jurisdictions where legal separation is not permitted, the spouses could simply live apart and sign a written separation agreement (signed by both spouses) to achieve the same result.

What are the Rights of Spouses During a Divorce?

A court can decide on child custody and support, alimony, and property division in a legal separation proceeding. However, as previously stated, the spouses will remain legally married and will not be able to remarry unless they obtain a divorce.

The following are some of the most common issues that arise between divorcing couples:

whether one spouse is entitled to alimony for a limited period of time
If there are minor children, how much child support should be paid?
rights to the family home, such as whether either spouse has the right to live in the marital home during the divorce and who will pay the mortgage, and
which debts each spouse is responsible for

Is a Legal Separation Necessary?

Because their religious beliefs forbid divorce, some couples opt for a legal separation. A legal separation is viewed by some couples as a “cooling-off period” in a troubled marriage. Whatever the reason, a separation has the benefit of providing a legal framework for both parties in the event that one fails to adhere to the terms of an agreement or support obligations. If one spouse fails to pay child support or alimony, for example, the separation judgment and order(s) will give the recipient spouse the right to have the orders enforced in court, which means a judge can make the delinquent spouse pay. There is no way to enforce the overdue payments if there is no legal separation or separation agreement followed by a court order. When a legal separation or separation orders are in place, the spouse who does not pay can be held in contempt, which can result in fines, penalties, and even jail time. While the spouses try to figure out whether they want to stay married or divorce, a legal separation may provide some stability to a rocky relationship.

Do you require the services of a lawyer?

If you’re being asked to sign a separation agreement, you should seek legal advice to understand the terms and how they affect your rights. Never sign a legal document without first consulting an attorney. If you are seeking legal separation, an experienced family law attorney can assist you in protecting your rights both before and after the separation.

Need a Legal Separation Lawyer in Scottsdale or Phoenix?

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*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

Regular Post

Written by Canterbury Law Group

28 February 2022

What Is a Dissolution of Marriage?

Learn more about marriage dissolution and how it differs from traditional divorce.

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What is the definition of a divorce? Is it just another way of saying “divorce”? Yes, in most states, a dissolution simply refers to how a couple can end their marriage permanently. However, in a few states, the procedure is quite different. To learn more, keep reading.

Divorce vs. Dissolution

A dissolution of marriage is not the same as a divorce in a few states because it does not end the marriage permanently. In some states, couples can only use dissolution if they agree to the dissolution and how to resolve all of their divorce-related issues, such as child support, child custody, alimony, and property division.

An annulment, on the other hand, effectively voids (or erases) a couple’s marriage. A legal separation is not the same as dissolution. A legal separation allows a couple to ask the court to determine divorce-related issues like child support and spousal support without legally terminating their marriage for religious or other reasons. The couple is “effectively” divorced if a court approves a legal separation, but neither can remarry until they file for a dissolution.

We’ll concentrate on the more common usage of the term in this article.

What Is a Summary Dissolution and How Does It Work?

In some states, dissolution cases are referred to as “summary dissolution,” which is a type of quick divorce. A signed marital settlement agreement addressing child support, custody, property division, and alimony is presented to the court in a summary dissolution. You both agree to waive a trial or judicial intervention by presenting the signed divorce agreement to the judge. To qualify for this accelerated legal process, couples must meet the state’s requirements for summary dissolution.

Couples in California, for example, can use the state’s summary dissolution process if they meet the following criteria:
For divorce, both spouses must meet the state’s residency requirements.
Both spouses agree on the legal grounds for the request (irreconcilable differences).
There are no minor children in the household, and neither spouse is expecting a child.
The marriage has lasted less than five years.
Neither spouse owns any real estate (except a current residence)
The couple has no debts totaling more than $4,000 in their marriage (excluding an automobile note)
The couple owns less than $25,000 in community property, and neither spouse owns more than $25,000 in separate property.
the couple signs a contract dividing their assets and debts from their marriage
Neither party has made a request for spousal support.
Both spouses agree to give up their right to appeal, and
Both partners agree to end the marriage.
The cost of this type of divorce is significantly less than a contested divorce in states that recognize it.

Getting a Lawyer

A divorce can be difficult on many levels because it involves potentially complex and emotionally charged issues like child custody and support, property and debt division, and alimony, among others (also known as “spousal support” or “maintenance”).

As a result, spouses contemplating divorce may wish to seek legal counsel. Each of these legal issues, as well as how they might play out in your case, can be explained by an experienced family law attorney. Also, whether you end up settling all issues with your spouse (outside of court) or going through a full-fledged divorce trial, an attorney can prepare all necessary divorce paperwork and ensure that your rights are fully protected.

Speak With One Of Our Divorce Attorneys In Scottsdale

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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.

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Regular Post

Written by Canterbury Law Group

27 February 2022

Divorce Frequently Asked Questions & When Is The Right Time To File For Divorce

In Arizona, divorce refers to a legal “dissolution” of marriage. You will go through a procedure in court to formally end your marriage. If you are the one who goes to court for a divorce, you will be identified as the “petitioner.” The other spouse will be identified as the “respondent.” Divorce in Arizona is not the same as in other states. Here are some answers to common questions most people have about divorce in Arizona.

Can I File for Divorce Anytime?

Either you or your spouse must have resided in the state for a minimum of 90 days before filing for a divorce at a local Arizona court. That is a legal requirement. If there are children, they must typically be in the state for 180 days to vest custody jurisdiction, depending on the facts of the case.

Do I Need a Divorce Attorney?

Technically, you can represent yourself in court. However, it is highly recommended to get your attorney from your local area, like a divorce attorney in Phoenix. If you choose to self-represent, the court will assume that you know all the laws and rules pertaining to your case. You will have to follow court procedures on your own. A judge may disallow you to take certain actions if you do not properly follow court procedure. No one at court will be able to give you legal aid because they are barred by law from doing so.

You can seek legal aid if you cannot afford an attorney for your divorce. You can also petition the court to have the spouse pay for your attorney’s fees if your spouse makes substantially more income than you do. Every case is unique.

Do I Need to Give a Reason for Divorce?

Not in Arizona. The state has a so-called “no fault” clause, which means neither party needs to give a reason for the divorce. Moreover, the romantic escapades of Husband or Wife will have no relevance in the underlying dissolution action. The mere desire to get a divorce is enough. In the court, only one spouse needs to claim that the marriage is “irretrievably broken “to finalize a divorce. The only exception is if the spouses have previously chosen a “covenant marriage”. Then, the petitioning spouse must provide ground or reasons for the divorce under state law.

What are A.R.S. and A.R.F.L.P.?

You will see these acronyms in the papers your divorce lawyer in Scottsdale or elsewhere files. The letters stand for particular legal statutes, or laws, in Arizona. A.R.S. refers to Arizona Revised Statutes, and A.R.F.L.P. refers to Arizona Rules of Family Law Procedure. You can go to the Arizona court or state websites to get access to these legal documents and rules if needed. Ideally, you simply hire counsel and let them do their job to advocate for your rights in the underlying divorce.

What Do I Do if My Spouse Doesn’t Want a Divorce?

Too bad. It’s going to happen anyway. In cases where a spouse is morally against the divorce from advancing, there is little they can do to stop the case. At best, the objecting spouse can request the court order a mandatory reconciliation counseling session which typically only pauses the case for 30 to 60 days. If at the end of reconciliation session, the spouses have not come to an agreement to postpone the divorce, the proceedings will go forward. Conciliation meetings are free of charge and rarely derail a case.

If you have children, then your proceedings will be subject to a wide range of family laws in Arizona. The legal aspects you should consider will depend on the type of custody you seek. For more information, you should contact an attorney in your area. Your children are your most treasured asset and case strategy and approach to maximize your custody is critical and experienced legal counsel even more important in such instances.

Divorce is frequently a lengthy and costly process. Court proceedings can take months to complete. Simultaneously, the spouses may not get along and may be going through a difficult emotional period.

Additionally, the spouses may be experiencing financial hardship as a result of the household income being split and the need to support two separate homes. Having a plan in place for when to leave a marriage can help a spouse minimize the financial impact of the divorce. The following are some of the financial factors to consider when planning an exit from a marriage:

Market for Real Estate

If the couple owns a home together, one of the most important factors to consider when deciding when to divorce is the state of the real estate market. To afford smaller, separate spaces, the spouses may have to sell the house and split the proceeds. In contrast, the spouses may agree that one of them should continue to live on the property while the other receives other marital assets to compensate for his or her equity share. This step is best taken when the value of the property is high for the spouse who will receive other property. The spouse who will remain in the home, on the other hand, may prefer to divorce when the real estate market is weak so that he or she will not have to give up as many valuables to the other spouse.

It’s All About the Kids

If the couple has minor children or children who will be financially impacted by the divorce, this is an important factor to consider. A divorce involving minor children is significantly more difficult than a divorce involving no minor children. Lawyers devote more time to preparing arguments about child custody. A parent may also be obligated to pay child support for many years to come. Some states allow child support obligations to continue after the child reaches the age of 18 and may even require financial support while the child attends college. However, getting a divorce while your children are older but still dependent has a financial advantage in that they may be eligible for student loans or grants that they would not have been eligible for in an intact family. Many of these programs only consider the income of the custodial parent when determining financial aid eligibility.

Job Situation

The spouses’ employment status is another important financial consideration. In an ideal world, spouses will divorce when they both earn enough money to support themselves. This, however, is not always the case. It’s possible that a spouse’s hours have recently been reduced. A spouse’s job may have been lost. A person’s job may have been lost due to a sudden illness. When a couple is going through financial difficulties, it’s common for them to have problems in their marriage as well. Waiting for both spouses to regain financial stability or realign their careers may be difficult, but it may be preferable, especially if one spouse is required to pay spousal support to an unemployed or underemployed spouse.

Due to the separation of the spouses and their finances, a divorce often necessitates a slew of changes. One or both spouses may need to purchase new homes, vehicles, or change jobs. The economy can have a direct impact on whether these changes are feasible. If a spouse has been out of work for a long time, it may be difficult for him or her to re-enter the workforce during a downturn.

Divorce can have a negative impact on a person’s credit score. After a divorce, if spouses have neglected their credit, it can have a negative impact on their lives. Good credit is frequently required to purchase a home, rent a property, open a credit card in one’s own name, and in some cases, to obtain employment. If the parties are in a happy place in their relationship even as they consider divorce, they may want to wait a year or two so that they can both work on improving their credit scores before adding the financial strains of divorce. Another option is to try to stay in the same house or drive the same car so that the spouse is not forced to rely on good credit right away.

Income and Assets in the Future

Another factor to consider when deciding on the best financial time to divorce is the possibility of future income or asset acquisition. When deciding how to divide assets between spouses, many states do not consider the future. If a bonus, raise, or inheritance is on the horizon, it may be in the best interests of the spouse who will receive these additional funds to have the divorce finalized before receiving these funds. The other spouse may wish to postpone the divorce until these additional funds are received and can be divided.

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Regular Post

Written by Canterbury Law Group

25 January 2022

Top Reasons for Divorce

Before you consider divorce, be sure to speak to the Scottsdale divorce attorneys at Canterbury Law Group to discuss your case and options. A divorce lawyer can act as both a legal counselor and sounding board during this life-changing decision. Although there are many variables and unique reasons for divorce, we have included the statistically top reasons people file divorce in the U.S.

1. Lack of communication. A successful relationship requires constant communication. Distance in a marriage is created quickly if you don’t share your feelings.
2. Finances. If money becomes a consistent topic of disagreement, the road to divorce is almost inevitable.
3. Feeling constrained. Some feel that marriage is holding them back from achieving goals and taking opportunities. If your partner can’t support your dreams, then they may not support the marriage.
4. Trust. Trust is one of the leading factors in having a successful relationship and marriage. Your marriage is unlikely to survive if you do not trust your significant other.
5. Expectations from each other. When expectations aren’t met, it can put a huge strain on the relationship.
6. Your spouse doesn’t understand / fulfill your needs and desires. Everyone has different needs and wants. A successful partnership requires going the extra mile to fulfill a spouse’s needs and wants.
7. Religious and cultural differences. Religious beliefs and cultural values can cause conflict, which affects the way you live your life and raise your children. This situation is often a deal breaker.

Consider the three most common reasons for divorce to determine whether or not your marriage can be saved.

Adultery or having an extramarital affair

When one person seeks fulfillment of their physical or sexual needs outside of the relationship, this can spell the end of the relationship. It’s extremely difficult to regain trust after a partner feels betrayed.

Extramarital affairs cause between 20% and 40% of marriages to fail and end in divorce. This is one of the most frequently occurring reasons for divorce. The reasons people cheat are not as black and white as our rage would have us believe.

Along with differences in sexual appetite and a lack of emotional intimacy, anger and resentment are frequently cited as underlying reasons for cheating.

Oftentimes, infidelity begins as an apparently innocent friendship. It begins as an emotional affair and develops into a physical one.

Infidelity is a leading cause of divorce. Apart from living apart for more than a year and subjecting your partner to cruelty, this is also one of the legal grounds for divorce (mental or physical).

Financial difficulties

Money makes people amusing, as the proverb goes, and it is true.

If a couple is not on the same page about how their finances will be handled, it can result in disastrous consequences.

Why is financial incompatibility a leading cause of divorce? According to divorce statistics, a “final straw” reason for divorce is a lack of financial compatibility, which accounts for nearly 41% of divorces.

Everything from divergent spending habits and financial goals to one spouse earning significantly more money than the other can wreak havoc on a marriage. Additionally, differences in the amount of money each partner brings to the marriage can result in power struggles between the couple.

Money has a profound effect on everything. It has an effect on people’s lives. Clearly, money and stress appear to be inextricably linked for many couples.

Financial difficulties are one of the leading causes of divorce, second only to infidelity as the primary reason for divorce.

Inadequate communication

Communication is critical in marriage, and an inability to communicate effectively and quickly results in resentment and frustration on both sides, negatively affecting all aspects of the marriage.

On the other hand, effective communication is the bedrock of a healthy marriage. When two people share a life together, they must be able to communicate their needs and understand and attempt to meet their partner’s.

Yelling at your spouse, not conversing enough throughout the day, and making derogatory remarks to express yourself are all unhealthy modes of communication that should be abandoned in a marriage.

Additionally, when couples stop communicating with one another, they can feel isolated and lonely and eventually lose interest in one another. This can result in the relationship’s demise.

Poor communication is one of the leading causes of divorce in 65 percent of cases.

While practicing mindful communication to correct age-old marriage mistakes can be challenging, the effort required to improve and save your relationship is well worth it.

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 our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation. Hit the ground running on your marital dissolution and consult with the legal professionals at www.canterburylawgroup.com or call 480-744-7711.

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Regular Post

Written by Canterbury Law Group

19 January 2022

Divorce Advantages and Disadvantages

While couples exchange wedding vows with the intention of making a lifetime commitment, there may come a time when the marriage is better off ending. When contemplating divorce, it’s critical to weigh the benefits and drawbacks for yourself, your spouse, and your children. Divorce financially and emotionally divides a family, which may improve life for everyone or create new problems. Before you file for divorce, weigh the benefits and drawbacks for everyone involved.

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Disadvantage: Negative Effects on Children

Divorce has an effect on more than just the couple divorcing; it also has an effect on the children. A disadvantage is that it will have a detrimental effect on children. According to the University of Massachusetts Lowell, researchers and psychologists agree that divorce can have a negative effect on toddlers and teenagers. Toddlers frequently believe they are to blame for the divorce, while teenagers may feel pressured to choose between the two parents. A divorced child may develop commitment issues and self-doubt regarding his ability to marry. Some individuals may also experience depression as a result of their family’s disintegration.

The disadvantage is that it has a psychological effect on adults.

A counter-argument to divorce is that it has a detrimental effect on a couple’s psychological health. According to Arizona State University, “divorce has been ranked as the number one life stressor.” Adults can experience a negative psychological balance, which may manifest as elevated levels of anxiety, unhappiness, or depression. As a result, divorce can have a detrimental effect on your psychological and emotional well-being, which can last for the rest of your life.

Disadvantage Divorce is costly.

Although not every divorce must cost $30,000 and last months of wrangling, conflict, and heartbreaking betrayal, the reality is that some do.

Advantage: Children’s Impact

Divorce has previously been identified as a disadvantage for children. There is, however, an advantage to a child’s parents divorcing. A child who has been through divorce may mature more quickly and acquire responsibility at a younger age. If a child’s father leaves and she has younger siblings, she may be forced to share parenting responsibilities with her mother. This exposure will instill in her a sense of responsibility that will benefit her in other areas of her life. Additionally, children benefit from divorce if their parents’ marriage is fraught with conflict. Children should not be exposed to parents who argue and criticize one another.

Advantage: Personal Development

A benefit of divorce is the personal growth that occurs as a result of the event. Individuals who have been divorced report a greater sense of autonomy and personal growth than married individuals. This is because divorced individuals must develop self-sufficiency and learn to deal with the pressures of daily life on their own. Individuals can develop personal skills following divorce that will enable them to work toward a higher quality of life for themselves and their children.

You Can Meet New People As An Advantage

Whether you married young and fell out of love, or you waited a while before tying the knot and feel settled, there are an infinite number of reasons to seek a divorce. One significant reason is a sense that the love between you and your spouse is simply not there. An amicable divorce is a reasonable option that enables you to rebuild a healthy, fulfilling life with a new partner.

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711

INITIAL CONSULTATION

As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

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

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Marriage

Regular Post

Written by Canterbury Law Group

13 December 2021

How to Divorce Without Going to Court

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

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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?

(480) 744-7711

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

Amicable Divorce, Collaborative Divorce, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation, Divorce Rate, Marriage

How To Divorce Your Wife And Keep Everything

Regular Post

Written by Canterbury Law Group

1 December 2021

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?

(480) 744-7711

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

Amicable Divorce, Collaborative Divorce, Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation, Divorce Rate, Marriage

Regular Post

Written by Canterbury Law Group

29 November 2021

Does it Matter Who Files for Divorce First?

It’s a strategic decision whether to file for divorce before your spouse does, and one you might be able to avoid if you can file an uncontested divorce.
Is it important who files for divorce first when it’s time to end your marriage? It may be able to: When it comes to deciding some issues in a divorce, the non-moving spouse (the spouse who does not file for divorce) may be at a disadvantage.

Why Is It Important to File for Divorce First?

One (or both—more on joint filing later) spouse must file a divorce petition with the court to begin the divorce process. The petitioner is typically referred to as the “petitioner,” while the non-filing spouse is referred to as the “respondent.”

If you know there’s no way to reconcile, filing first may provide you with some strategic advantages, such as:

The location of the court is your choice. The petitioner gets to choose the jurisdiction (place) for the divorce procedures as long as the petitioner follows state and municipal regulations about where a divorce can be filed. Many states have a residence requirement in place to prevent either spouse from filing for divorce in a state or county that favors one spouse over the other. In Michigan, for example, the filing spouse must have lived in the state for at least 180 days and in the filing county for at least 10 days before the court will consider the divorce petition. (Michigan Comp. Laws, Section 552.9 (2021)) If your spouse files first and lives 100 miles away, you’ll have to travel to their courtroom for any divorce-related matters, which will take more time and money than if you filed first in the court closest to you.

Control over the divorce’s progress. The spouse who files for divorce usually has a little more say in how quickly the divorce proceeds. By filing first, you’ve started the process at your leisure, while your husband is forced to answer according to the court’s schedule. You’ll then have time to plot your next move while your spouse is working on a response.

The opportunity to make a good first impression. The petitioner’s statement concerning the grounds (reasons) for the divorce is included in the original divorce filing. The claims in the petition will be the court’s first exposure to information about the case—and if you file first, it’s up to your spouse to change the court’s first impression.

The first chance to place a temporary order. Before notifying the other spouse of the initial divorce petition, the spouse who files first might seek the court for temporary orders. These orders may place restrictions on what each spouse can do with marital finances or property, provide protection for one spouse against the other, award temporary child custody, or provide temporary child or spousal support. Non-filing spouses will have the opportunity to respond to any requests for orders, but they must do so before or at the same time as their petition response. Non-filing spouses can’t get their own temporary orders until they’ve responded to the petition.

Furthermore, the petitioner will be the first spouse to submit their case at trial in many courts. Being the first to speak at a trial isn’t always advantageous: it allows the opposing side to hear your arguments and prepare a rebuttal.

Should I Hire a Lawyer?

In some circumstances, both spouses can come together and make difficult divorce-related decisions without the assistance of an attorney or going to court. There’s no need to hire an attorney if you know you won’t be able to work things out with your husband. However, you may wish to employ an attorney to assist you in negotiating with your spouse or his or her counsel.

Even if you opt to handle your divorce on your own, you can still seek legal advice. An attorney can assist you evaluate if filing first would be advantageous in your instance during a consultation.

Is it always the case that one spouse files first?

Depending on your state’s rules, you may be able to file a “joint” divorce petition (also known as an uncontested or collaborative divorce in some jurisdictions), which implies that both spouses agree to the divorce as well as all divorce-related matters. The couple drafts a divorce settlement agreement and attaches it to their petition. In many states, an uncontested divorce is more efficient than a contested divorce, saving time, money, and relationships.

The following details must be included in your divorce settlement agreement:

the reason for the divorce (grounds)
each spouse’s portion of the filing fees at the court
how you’ll split up your marriage assets and debts
whether one spouse will pay spousal support, and if so, how much and for how long

Which spouse will be the primary caregiver for any young children (custodial parent)?

a timetable for the non-custodial parent’s parenting time or visitation, and
the amount of child support to be paid by the non-custodial parent

In most states, the court will approve a divorce if both spouses agree to all of the terms in writing. When minor children are involved, the court may ask the judge to carefully scrutinize the terms before approving them. Nonetheless, the court will allow the custody and support arrangements as long as they are in the best interests of the children.

Mediation Can Assist You in Filing a No-Fault Divorce

Divorce mediation is one option to avoid the headache of deciding whether or not to file for divorce before your spouse. You and your spouse meet with a neutral professional mediator to resolve the issues in your divorce, either in person or online. You will have a written settlement agreement to present to the court at the conclusion of a successful divorce mediation, and you will be able to proceed with an uncontested divorce.

If either spouse disagrees with any of the divorce terms, the case becomes contested, and the pair must follow the state’s contested divorce procedures.

Divorce Attorney, Family Law, Family Law Attorney, Family Law help in Scottsdale

Scottsdale Divorce, Scottsdale Divorce Attorney, Scottsdale law firm

Regular Post

Written by Canterbury Law Group

2 November 2021

Intentionally Delaying Divorce: What Should I Do?

Divorce may be a long and traumatic process for some couples. It doesn’t have to be that way, though. Your divorce can be amicable and go at a reasonable pace. Even procrastinating couples don’t always have influence over the divorce procedure. You and your attorney can talk about how to get your divorce started so that you can get back to living your life.

(480) 744-7711

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What Can I Expect During My Divorce?

When one of the spouses files a divorce petition, the divorce process begins. Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process. In most circumstances, however, one spouse files and serves a divorce complaint, and the other spouse has around 20 days to respond. Divorces that involve more complicated assets and parenting issues are frequently longer and more expensive.

Some facets of a divorce require patience. In many states, for example, a contested divorce requires a waiting time. Between the time they submit their divorce paperwork and the time the court signs off and grants the divorce, a couple may have to wait anywhere from 30 to 90 days.

What Should You Do If Your Partner Isn’t Responding?

If you’ve filed for divorce, your spouse may want to postpone it until you can work things out. A spouse can keep requesting court extensions or refuse to react to your documents. Your spouse’s inability to respond to the divorce petition, on the other hand, can work in your favor. You can seek a default judgment after serving your spouse with a divorce case and the response period has expired.

A judge can offer you exactly what you asked for in your divorce petition if you get a default decision. The failure of your spouse to answer will be interpreted as acceptance of your terms. You’ll have to show the court that you properly notified your spouse about the divorce. A judge may enable you to print a divorce notice in a local newspaper if your spouse has moved without giving you a new address or is dodging service.

Making their divorce uncontested—meaning both spouses agree to all of the terms in the petition—can help speed up the process.

How to Deal with Your Spouse’s Delay Efforts

It’s much more aggravating if you’re in the process of a divorce and can’t get a default judgment because your spouse doesn’t answer, even if it’s slowly. Some vengeful spouses, for example, routinely request extensions, cancel depositions at the last minute, and are constantly too preoccupied to organize a mediation. You may need to take further actions to compel your spouse to participate in certain scenarios. You can, for example, decline your spouse’s third request to cancel a deposition and file a formal motion asking a judge to impose sanctions (fines or other punishments) against him or her. You might be able to reclaim part of the legal fees you paid for the motion as well.

You can also ask the court to schedule a settlement conference if your spouse refuses to attend mediation. Settlement discussions are usually held in the judge’s chambers at the courthouse. If a court is involved, your spouse may take things more seriously. If your husband is attempting to delay your divorce, you must remain firm and continue to go forward.

Need a Divorce Lawyer in Scottsdale or Phoenix?

(480) 744-7711

INITIAL CONSULTATION

*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, Marriage

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