Divorce & Legal Separation Archives - Page 14 of 16

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Written by Canterbury Law Group

25 January 2017

Child Custody Questions in Scottsdale

There is typically an increase in divorces in the New Year. The Scottsdale divorce lawyers at Canterbury Law Group know that divorce often brings about child custody concerns. A popular question in Scottsdale divorce cases is whether or not a parent can take a child away from the other parent if there is currently no legal decision-making and parenting time orders in place.

In Arizona, a person can be charged with the crime of custodial interference even before there is a court order regarding legal decision-making and parenting time or if he/ she takes, entices (persuades) or withholds any child from the other parent and denies that parent access to any child. If the parent takes the child(ren) to another state, the penalties are even more severe.

However, there are some exceptions in the law, which involve a case where the parent has filed an emergency petition regarding custodial rights with the superior court and has received a hearing date from the court. The law is complicated and the risks are high, so the best option is to get the advice of a lawyer before leaving with your child if at all possible. You should never leave the state with your children without first speaking to a licensed attorney.

If a domestic violence victim is accused of wrongfully absconding with the children, he/she can seek to counter these allegations by:

He / she has begun the process to get an order of protection or files a petition for legal decision-making within a reasonable period of time and the order of protection or legal decision-making petition states his/her belief that the child was at risk if left with the other parent

The parent either:

has a good faith and reasonable belief that the taking, enticing or withholding of the child is necessary to protect the child from immediate danger; OR
the parent is a victim of domestic violence by the other parent and has a good faith and reasonable belief that the child will be in immediate danger if the child is left with the other parent.

However, it is still best to get legal advice before leaving to make sure that your planned behavior would not violate the law.

The family law attorneys at Canterbury Law Group have significant expertise in child custody issues and can capably guide you through the legal process. Your children are counting on you to make the right decision both before and after the divorce case has been filed. Contact us today to schedule your consultation.

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Written by Canterbury Law Group

16 January 2017

Child Custody Tips for the New Year

During the New Year, many parents strive to improve child custody situations. As authorities in Scottsdale child custody, the lawyers at Canterbury Law Group can offer suggestions to help ensure your success:

Be Actively Involved – Make sure you are able to demonstrate that you are significantly involved in your child’s life by taking an active role in the care, development, and discipline of your child. If the child is young, participate in feeding, bathing, walking, reading, napping and medical care. As they grow older, take part in their educational development and extracurricular activities. Get to know your children’s teachers, doctors, counselors, and coaches. Your ability to demonstrate the extent and quality of time with your child prior to and post separation is critical. If the other parent is interfering with your involvement, document your attempts and the resistance that you are receiving.

Establish a Physical Custody Schedule – If you live separately from the other parent, it is critical that you negotiate a physical custody schedule that accurately represents your long-term goal of shared parenting, ideally before a custody petition or court complaint has been filed. If you currently have a visitation agreement, make every effort not to miss any of your scheduled time.

Promote Involvement of the other Parent – Show that you encourage the contact and active involvement between your child and the other parent. Unless clear evidence shows the child is in danger while in their care, the Family Court will frown upon your interference with the child’s relationship to their other parent.

Provide a Healthy, Stable Environment – Present a safe, nurturing and stable environment. Demonstrate that you provide a healthy environment by maintaining a steady, clutter free home with a bedroom for your child and a safe play space. Provide regular, nutritious meals and keep a record of your grocery receipts. Get those kids to bed early and to school on time.

If you need assistance with your custody or joint parenting plan, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the New Year is enjoyable for all.

Regular Post

Written by Canterbury Law Group

11 January 2017

Tips if Divorce Is Your Resolution in the New Year

If you are considering filing for divorce in the near future, you are not alone. The month of January has long been marked down in the calendars of family law attorneys, including the Scottsdale divorce lawyers at Canterbury Law Group, as “Divorce Month.” In fact, many firms see an increase in the number of consultations upwards of 30 percent beginning the Monday after New Year’s.

While contributing factors vary, the fact remains that many couples will begin this year with a resolution to end their marriage. No matter the reason, there are many things that anyone looking into divorce for the first time needs to know that will help them get through the process smoothly while protecting their rights:

1. Do not move out of the marital home – If you wish to keep yourself in a good position to obtain a fair custody arrangement and also want to mitigate potential financial burdens, do not pack up and move out of the marital home. This is one of the top mistakes that many spouses continue to make, and it can start you off at a disadvantage out of the gate.

2. Research divorce laws for your specific state – There are very few, if any at all, states that have identical laws regarding the various aspects of divorce. You will want to do plenty of research over areas that you know may come up if you and your spouse decide to split specific to your local jurisdiction.

3. Set up a consultation with an attorney – Even if you aren’t certain you will need to retain an attorney or that you will even end up filing for divorce at all, it is a really good idea to meet with an expert familiar with your state’s divorce laws. Many attorneys and firms offer initial consultations, though even when there is a charge, it is well worth the fee to get accurate information you can trust as you plan your next move.
If you’re looking for a Scottsdale divorce attorney and / or family law attorney, contact us today. Any delay can affect your future and the wellbeing of you and your children.

Regular Post

Written by Canterbury Law Group

22 December 2016

Technology Used in Shared Custody

The Scottsdale custody attorneys at Canterbury Law Group have seen firsthand that technology is an invaluable tool for parents dealing with shared custody. In fact, it has become so commonplace in divorce arrangements that technology has even become part of the formal legal process, a development that both divorce lawyers and judges applaud.

Here are some technologies that are being applied to custody cases to help ensure success:

Email and Text Messages – E-mail and texting alone have practically revolutionized post-divorce family relationships. Sending a message can be a great option for communication amongst co-parents, especially for couples who may not yet feel comfortable with the divorce or separation. Necessary information can be relayed to the other party with the ability to review the message before sending it, something that talking face-to-face communication does not offer.

Cell Phones – Parents are often required to buy a cell phone for their child, and call times are recorded to ensure an adequate amount of time is spent talking to each parent. In addition, with a parent calling children directly on their phone, there’s no possibility of a bitter intermediary exchange between parent and parent. It’s also important that parents identify rules associated with the phone, such as times it may be used and which parent is paying for the device, to eliminate any potential problems.

Video Chat – Many joint custody arrangements will stipulate weekly video chat sessions between parent and child while they are apart. Apple’s Facetime, Google’s Hangouts, and Skype are some of the more popular video chat options that are free and can be conveniently accessed on a smartphone. It’s often suggested to add these video chat sessions to the calendar so they’re accounted for.

Custody Communication Tools – When relationships weaken to the point of legal action, courts are now ordering ex-couples to work out their differences via technology. New online custody tools are emerging that have been specifically designed to regulate the communication between both parents. For example, online tool called Our Family Wizard has been utilized by Judges around the country. The program’s goals include easing custody matters and helping parents increase the opportunity to have a healthy and harmonious relationship not only with their child but also with their former spouse. With this program, lawyers supervise e-mail exchanges between the ex-couple, ensuring that each party responds to the other in a timely manner. All e-mails are time dated and tracked.

Interactive Online Calendars – Using online calendar programs can help parents keep up with the day-to-day activities of their children and as a way to keep track of visitation times. For example, 2Houses is an app that was created to help divorced parents schedule and better organize their children’s activities. One of the main features that the app offers is the Calendar, which enables everyone to view an online schedule to ensure that every family member is always on the same page.

If you’re looking for a Scottsdale divorce attorney and/or family law attorney contact us today. Any delay can affect your future and the well-being of your children.

Regular Post

Written by Canterbury Law Group

6 December 2016

3 Reasons to Skip Mediation in Your Divorce

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another. Third, both parties should have an excellent understanding of the other party’s income and finances, and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No one is looking out for your interests – it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair. Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation can cost as much or more than a traditional divorce – People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation. Another, frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There is no guarantee you will settle your case in mediation – If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse. If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

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Regular Post

Written by Canterbury Law Group

29 November 2016

Gray Divorce After 50: The Increasing Importance of a Spouse Finding Employment

At Canterbury Law Group, the lawyers work with leading industry professionals in the Valley and beyond. Not only do we help our clients form impactful relationships that assist in their continued success after case resolution, but The Firm stays abreast of all matters that impact our client’s legal matters before, during and after the case is resolved.

Emerging trends have recognized that Americans aged 50+ and older are getting divorced at a higher rate than younger people. This trend, coupled with increasing life expectancy is leading to more emphasis being placed on the employment of dependent spouses to contribute to their income stream after a divorce.

People 50 and older comprised 25% of all Americans who got divorced in 2014, up from 8% in 1990, according to the National Center for Family and Marriage Research. Those who quit their marriage late in life can substantially reduce their standard of living and sacrifice their retirement security due to a number of factors. It’s a lot more expensive to live in separate households, and when retirement savings must be divided. Both spouses’ income sources need to be maximized before and after retirement when a divorce occurs.

One Arizona expert witness, Bradford H. Taft, MBA, CMF, SPHR, SHRM-SCP, CFLC, Managing Director of Taft Vocational Experts and Chief Career Strategist of Taft Career Group, has provided valuable information for adults choosing to divorce later in life both during and after a case has resolved.

The traditional role of a divorce vocational expert is to evaluate a spouse’s earning capacity, conduct a labor market analysis, and opine on a spouse’s employability and earning capacity for consideration in determining spousal maintenance and/or child support. By providing these analyses and conclusions, vocational experts play a valuable role in the divorce process.

Vocational evaluators who have a strong understanding of the career transition process including how to plan and implement effective job search campaigns, post-divorce, can bring a high level of efficiency in helping a spouse find a new job. This is especially valuable to a spouse who has been out of the job market for an extended period of time and needs to locate employment as soon as possible. No parent or spouse wants to start over—however, a seasoned vocational expert witness can help bridge that gap.

Here are three steps from Taft Vocational Experts to planning and implementing a “Job Search Campaign” that a vocational expert can assist with:

1. Career Assessment and Objective Setting – In the vocational evaluation during divorce proceedings, an expert gathers information and then evaluates a spouse’s education, interests, skills, knowledge, and experience to determine what career options are the best fit. Then they conduct a labor market analysis to assess the likelihood that an individual can get a job, and what they can expect to earn, both immediately and in the long-term. By continuing to work with the individual to focus on career objectives that match their talents and interests, a vocational expert helps the individual to effectively concentrate on a realistic career direction.

2. Written and Verbal Communication – Once the career objective has been established, it’s time to write a resume along with creating other communication tools to broadcast one’s talents and interests to the job market. A vocational expert can help the job seeker create a strong message that shows how their talents can contribute to the success of organizations.

Verbal communications include brief (30 and 60 second) personal branding statements to effectively introduce themselves in networking situations. Preparing for job interviews includes anticipating what questions a prospective employer will ask as well as creating a list of questions that the candidate wants to ask the employer.

3. Effective Sources of Job Leads – After career objectives have been set and communications tools have been developed, the job seeker is ready to use a number of sources to identify job leads. Surveys show that networking to develop referrals into perspective employers is still the best way to find a new career opportunity, so specific emphasis is placed on how to identify referral sources, develop relationships and get introduced to hiring managers. The Internet has revolutionized the job search process, so learning how to use it effectively to research companies, support networking strategies, identify job postings, and submit applications is also important.

By following through to support a spouse in planning and developing an effective job search campaign, the vocational expert can assume an expanded role in ensuring a positive outcome to the divorce process.

If you or a friend are contemplating divorce or going through a divorce case now, consider our lawyers and staff as your top resource to help you garner your best results in such a challenging life transition. Email the firm today at [email protected] or call 480-744-7711 for a complimentary consultation.

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Regular Post

Written by Canterbury Law Group

5 October 2016

Scottsdale Divorce Lawyers Look at Jolie – Pitt Divorce

Recently, the news of Angelina Jolie filing for divorce from Brad Pitt has made headlines around the globe. Together for twelve years and married for two years, this Hollywood couple had become known for their extra-large brood of children, international travels, worldwide philanthropy and being “Brangelina.”

Although the Scottsdale divorce lawyers at Canterbury Law Group have not worked with the couple, we can acknowledge some important factors in this upcoming divorce.

Community Property – Most states, except those listed as community property states, use the “common law” system of property ownership. In these states, it’s usually easy to tell which spouse owns what. If only your name is on the deed, registration document, or other title paper, it’s yours. If you live in a community property state, including both Arizona and California, the rules are more complicated. Generally, in community property states, money earned by either spouse during the marriage and all property bought with those earnings are considered community property that is owned equally by husband and wife. Therefore, both starlets may have to divide all assets they’ve acquired since being married.

Child Custody – When initially filing for divorce, Jolie asked for physical custody of the couple’s six children and asked that the judge give Pitt visitation. News sources have since reported that Jolie was granted full physical custody of the couple’s children. Pitt will reportedly have visitation rights, the first of which will be monitored by a therapist who then has the authority to allow or deny unmonitored visits. In addition, Pitt will have to submit to random drug and alcohol testing, as Jolie reportedly accused him of having a drinking problem. No matter what your divorce situation is, the transition can be exceptionally difficult on the children. It’s always suggested to try to compromise out of court to avoid tolling legislation with your children.

If you’re looking for a Scottsdale divorce attorney and / or family law attorney contact us today. Any delay can affect your future and the wellbeing of your children.

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Written by Canterbury Law Group

31 August 2016

Scottsdale Family Attorneys at Canterbury Law Group

The Scottsdale family attorneys at Canterbury Law Group handle all types of Phoenix and Scottsdale family law matters including divorce, child custody, paternity, prenuptial agreements, postnuptial agreements, spousal maintenance, Decree enforcement, child relocation, father’s rights, mother’s rights and grandparents’ rights.

If you are not sure whether or not you need a family law attorney in Scottsdale, here is an outline of what our lawyers can likely help you with:

Divorce – 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. 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.
Prenups/Postnups – Prenuptial and postnuptial agreements can be smart financial planning tools for all marriages but are especially common in second and third marriages, for business owners and/or when one partner has a large inheritance (received or expected in the future
Father’s Rights – Our attorneys are experienced in helping Fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona.
Child Custody – Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.
Alimony – Spousal maintenance is where one spouse pays the other spouse monthly support payments for a defined term of months or years after the divorce is final to help the less wealthy spouse transition to the next phase of their life and ideally for them to be come self-sufficient.
Paternity – When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. Get your court orders now, while the child is young—do not wait until later.
Relocation – Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed laws which outline specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
Grandparents – Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. These rights cannot be pursued unless at least one parent is dead or the parents are divorced.

Ultimately, we realize that hiring a Scottsdale family attorney can be a challenging task. Call the lawyers at Canterbury Law Group today to schedule you consultation. 480-744-7711

Regular Post

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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Regular Post

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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