Divorce attorneys Scottsdale Archives - Page 14 of 16

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Written by Canterbury Law Group

10 August 2016

Back to School Tips for Divorced Parents

Back to school season can be quite stressful for children, especially if their parents got divorced over the summer. In an effort to ease your child’s transition back to school, we have tips that can promote a healthy shift. At Canterbury Law Group, our legal team works diligently to ensure children are the top priority in every divorce case.

1. Split costs of back to school necessities – From backpacks and lunch boxes to calculators and uniforms, sending your kids back to school can quickly become an expensive event. When possible, split the costs with your ex. Keep your receipts.
2. Meet the teacher together – Attend the new teacher meeting together. Let him/her that your child’s family is separated and relay the custody arrangements. Be sure to keep the line of communication open with your child’s teacher throughout the school year.
3. Share contact information – Both parents should provide their contact details to the school. It’s also great to have formal correspondence from the school sent to both parents.
4. Make the transition as easy as possible – See this as the time to focus on your child rather than your divorce. From split custody time to financial adjustments, try to move forward in a positive way.
5. Discuss school routines – It is important that ex-spouses keep the lines of communication open. It is also important to discuss any changes to schedules with your ex and not in front of the children.
6. Listen to your child – What your child has to say is very important, so ask questions that relates to their new life. How will your child explain the divorce to classmates and teachers? Let your children know it is normal and help him or her to decide ahead of time what they will say to others.

Divorce can be one of the most challenging times of your life. If divorce has become a reality for you, hiring a qualified divorce lawyer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

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Written by Canterbury Law Group

27 July 2016

How to Obtain a Divorce When Your Spouse Won’t Agree

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. Although every case is unique, often we see one spouse refusing divorce. No one can stop you from getting a divorce if you want one, with the possible exception of the court. If you don’t follow proper legal procedure, a judge can deny your divorce, forcing you to start over. However, your spouse can’t stop you, but she or he can complicate the process.

Here are steps in getting a divorce, even when your spouse will not agree:

1. Any reason is sufficient to file for divorce. Contrary to popular belief, neither spouse needs an reason or grounds for seeking to terminate the marriage. As a “no fault” state, Arizona courts and judges are actually prohibited from inquiring into the romantic issues of either spouse during the trial or otherwise. Put another way, it does not matter how you got here, you have a legal right to divorce if and when you are ready.
2. Research the rules for service of process in your state. Make sure you understand exactly what you have to do to ensure that your spouse legally receives a copy of your divorce petition after you file it. If you err, your spouse can say they were not properly served and block your divorce proceedings. You could still get a divorce, but you’d have to start the process all over again. Do it right the first time and have them served by a licensed process server.
3. Wait out the period of time your spouse has to answer your divorce petition. If he/she files a response with the court, you’ll probably have to resolve your divorce by trial or mutual consent; some spouses won’t agree to a settlement if they don’t want the divorce in which case you are forced to trial and the judge makes all final decisions of equitable distribution.
4. Prepare for a Default Judgment Hearing if your spouse does answer your divorce petition. Even assuming your spouse “no-shows” on the case, after a certain number of days have elapsed, and assuming you properly served your opponents, you can petition the Court in writing to procure a Default Judgment of Divorce wherein all items requested in your original petition and can and typically is granted by the Court assuming no defense or response is ever tendered by your opponent. In the end you’ll be divorced and he or she will have never set foot in a court of law.

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. 480-744-7711

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Written by Canterbury Law Group

20 July 2016

Trends Between Age and Divorce Rate

Divorce rates for couples who marry in their teens and after their early 30s are on the rise, while couples who marry in their late 20s and early 30s have the greatest chance of a successful marriage, according to a recent study by a University of Utah professor.

The report, published on for the Institute for Family Studies, showed people who marry at 25 are more than 50 percent less likely to get a divorce than people who wed at age 20. And until age 32, each additional year of age at marriage reduces the odds of divorce by 11 percent. After age 32, the odds of divorce increase by 5 percent each year.

This data has been a considerable surprise and appears to be something that’s just developed over the last 20 years. The data leaves little indication as to why divorce rates are changing for people who marry in their mid-30s or later. The trend also remains constant across a variety of other factors, including gender, race, education, religious participation, sexual history and the size of the metropolitan area they live in.

In 1995, the five-year divorce rate for newlyweds younger than 20 was 29 percent, with a rapid decline to 19 percent for couples ages 20 through 24. Divorce rates continued to shrink the older couples were when they got married, with couples ages 35 and older having a divorce rate of 14 percent.
An analysis of data from 2006 through 2010, however, showed a 32 percent divorce rate for couples younger than 20. That rate went down to 14 percent for 30- to 34-year-olds, but increased by 5 percent for couples older than 35, creating an upward trend from previous years.
In 2011, the median marriage age for men was 29 — the highest in decades — and 27 for women — the highest it’s ever been, according to the report.

No matter what your age, going through a divorce can be one of the most challenging times of your life. If divorce has become a reality for you, hiring a qualified divorce lawyer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711 or www.canterburylawgroup.com

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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.

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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.

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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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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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