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Written by Canterbury Law Group

Sneaky Divorce Tactics

Sneaky Divorce Tactics

At the time, dirty ways to get back at your soon-to-be-ex may seem like a smart idea. Retaliating for your ex’s wrongdoings may provide you with a sense of satisfaction in knowing that you are exacting justice or giving your ex what he or she deserves.

However, the truth is that these dirty divorce techniques rarely benefit the perpetrator and nearly usually result in hostility. Dirty divorce methods can inspire the other side in the same way that the bombing of Pearl Harbor roused a sleeping giant. During your divorce processes, fight the impulse to be vindictive, because you may discover that the joke is on you. Here are some instances of things you should not do:

1. Don’t give him anything.

A female client is considering leaving her husband’s home. It appears that if she tells her husband that she wants to leave, he will stop her. It has to be done behind his back. She is furious with him and wants to get even with him, so when she leaves, she takes everything in the house with her. He has nothing to sit on and nothing to cook with when he goes home. She believes she’s shown him something, but all she’s done is provoke him and throw down the gauntlet for all-out war.

2. Cancel all of your credit cards.

I represented a mother of three whose husband, a doctor, was having an affair with a nurse. Both had engaged lawyers, but my client preferred to wait before suing her husband for infidelity in the hopes of reaching an amicable resolution.

My client had just returned from a lengthy journey with one of her kids and was about to pay for gas when her card was rejected. Her spouse, who earns around $1 million a year, chose to terminate all of her credit cards without warning. To say the least, the good doctor procured an adultery complaint and a temporary hearing in which the judge was apprised of his actions.

3. Obtain his dismissal.

Offended spouses’ eagerness to get their ex fired or in trouble with the IRS or, in one case, the Securities and Exchange Commission never ceases to astonish me. What could they be thinking while they’re simultaneously attempting to get enough money from their spouse to make ends meet? What a case of shooting oneself in the foot!

4. Turning Off the Power.

This is undoubtedly one of the nastier divorce ruses. Many people have called me to say that their phone, power, or cable has been switched off at their home without warning. Such an approach simply leads to a downward spiral of attacks and counterattacks.

5. Inform the Paramour’s Partner.

When an affair is discovered, a common reaction is to phone the paramour’s spouse and tell them everything. As a result, that spouse may launch an alienation of affection lawsuit, putting the marital assets at danger. Clearly, this is an extremely self-destructive decision. (There are situations when sharing this information is beneficial, but this should be done by the lawyer, not the client.)

6. Take the kids out of state.

At the time, such a move seemed like a great way to get even with your spouse. However, some cases show that it can be a good method to get a judge to grant custody to your husband in exchange for your bad behavior. It is considered kidnapping in several places.

7. De-clutter your bank accounts.

While this may bring some temporary relief and security, it may also result in an emergency hearing and the costs associated with it. It may also imbue the perpetrator with an unjust taint that they may never be able to escape. (There are situations when this may be essential, but only with counsel’s guidance and for very good reason.)

8. File a Child Abuse Complaint.

I believe that few people consciously make false complaints of abuse, but it is all too common for people in the throes of divorce to stretch regular events to their advantage. This is something that judges are well aware of. Allow no one to speak to your child if there is a risk of abuse, and bring them to a professional who is trained in interviewing children for abuse. Abuse allegations can be made in both directions, so tread carefully before throwing stones. Allow the experts to handle it.

9. Make your spouse feel humiliated.

Many people wish to teach their spouse a lesson by having summons or subpoenas served on them at work or in other humiliating locations. I’m aware of one situation in which a woman requested that the process server serve her husband immediately before he boarded a plane for an overseas hunting trip. Such gestures may provide gratification, but they can also lead to revenge and escalation of the conflict. Remember that they will one day have the power to embarrass you in the same way they embarrassed you.

10. Just because you can, pull the trigger.

Many times over the course of a divorce, there is an opportunity to file anything, take legal action, or seek a sanction, but the better option is to postpone or avoid taking action. Your husband, for example, is an adulterer. You have concrete evidence. You may believe that because the opportunity presents itself, you must file a lawsuit for adultery. However, history has shown that assessing the circumstance and determining when or if such action is most useful is frequently the best course of action. The mere fear of litigation, for example, may be more persuasive in negotiations than the actual filing of litigation.

All of the preceding rules come with the proviso that no rule should be obeyed if doing so would be risky. You have to do some things from time to time. The key is to seek the advice of skilled counsel and to ensure that your relationship with your counsel is not hostile for the purpose of being contentious.

Rather of focusing your efforts on hurting your ex, be sure that every move you make is actually geared to assist you move closer to a positive solution, not just to grasp a purely temporary advantage or to gratify an unproductive emotion. Let’s keep it that way!

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Should I Try Mediation Before Divorce?

Are you considering a divorce? Are you starting the divorce process or in the middle of a divorce? There are plenty of reasons why you should consult a mediator before signing or agreeing to anything. Ten of the biggest reasons are listed below.

Paperwork

DIY divorces where the parties complete all the paperwork are becoming more popular as they seem less costly. And they often are if you get everything right on the first try. However, many people without any legal training struggle with this. Mediators can help with this by issuing a Memorandum of Understanding (MoU), which outlines the divorce agreement that you reach. An attorney can then convert the MoU to a legal document and submit it to the court so you can be assured everything is filed in the correct manner.

Personal Attention

One of the critical aspects of mediation is that both sides are allowed time to be heard and speak. A mediator can examine situations in a way the Judge may not have time to do so.

More Economical

The price of divorce varies between is inevitably high but, mediation lowers expenses as they are less costly than attorneys and costs are shared between both parties.

Children’s Exposure to Conflict is Minimized

For many people, their children’s trauma during divorce is heartbreaking. In-person or online counseling (especially now, during the COVID-19 pandemic) can help immensely with this. Remember mediation means children aren’t required to appear in a courtroom or be interviewed by numerous professionals.

Confidentiality

When you appear in court, you and your lawyer will need to argue your case against everyone present. Most people find the process of discussing their lives in a roomful of strangers quite dreadful.

Resolution

Mediators are generally able to help divorcing parties reach agreements a lot faster than attorneys engaged in back-and-forth legal proceedings. The fact that you’re not dependent on the court’s schedule and a judge’s calendar of appointments can make the process even faster.

Solutions

You have more say over the agreements reached during mediation and are under no legal obligation to follow the rulings of a judge. The process is also a lot less adversarial, and mediators can raise points that lawyers may not be able to propose. You and your spouse should feel more comfortable bringing up different issues and coming to solutions.

Court Options

Using divorce mediation doesn’t mean fully rule out the option of going to court. If it becomes evident it may be the best course of action, you can still choose that option. Whatever happened with the mediator stays confidential, so both sides start anew in front of a judge.

Legal Advice

Even if you don’t end up in court, you can still consult your attorney during mediation. Professional, respected mediators will usually be able to point you in the direction of a mediation-friendly lawyer.

Mediation Builds Positive Emotions

Eventually, life will go on and return to a new (often much healthier) normal after a divorce. What happens during the proceedings will set the table for what that new normal will be like, so it makes sense to try and build on positive emotions. You will find it liberating to examine your ex-partner’s admirable traits, as they will be encouraged to do with you. This helps foster positive approaches between you, which can keep life after divorce far more stable.

Read More About 

How Much Does Divorce Mediation Cost?

How Much Does A Divorce Cost In Arizona?

How Much Does Collaborative Divorce Cost?

Collaborative Divorce In Arizona

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Divorce Mediators In Scottsdale

We have a network of Arizona 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 divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]

How To Divorce Your Wife And Keep Everything
Written by Canterbury Law Group

How To Divorce Your Wife

How To Divorce Your Wife And Keep Everything

Divorce is a major life-changing event and can be devastating and traumatic for a family. If there are children involved, the divorce can have profound impacts on them, which they will carry with them their entire lives. However, if a divorcing spouse has a basic understanding of what the divorce process in Arizona will entail, he/she will likely feel a sense of comfort and be able to pass that on to the children.

  • A divorce action is commenced in Arizona upon the filing of a Petition for Dissolution. The Petition will include the filing spouse’s general positions relative to custody, division of assets and debts, financial support and attorney fees. The Petition for Dissolution must then be served upon the other spouse, who will have 20 days to file a Response.Once the initial pleadings have been filed, the next phase of a divorce begins. During the discovery phase, both spouses are required to disclose certain documentation that can be reviewed by the attorneys in order to make an assessment of what assets and debts exist and their respective values. In addition, formal discovery requests may be issued in this phase. Again, responses to discovery requests are primarily utilized by the attorneys to make an assessment of what and how assets and debts should be divided between the spouses. The discovery phase may also include depositions and requests for documentation issued directly to third parties.How long does a divorce take?In Arizona, a divorce can take anywhere from six months to one year to complete. This can be a difficult and unstable time for families because there are not yet orders in place relative to contact with the children, financial support and temporary possession of certain assets, including vehicles and the marital residence. Therefore, a spouse who needs assistance with these issues during the divorce process can file a Motion for Temporary Orders. Once this motion is filed, temporary orders can typically be issued by the court within 60-90 days and will stay in place until final orders are issued by the court or agreed upon between the spouses.

    Once the discovery process has been completed, then the attorneys and spouses can engage in settlement negotiations. There are several methods that can be used to negotiate and, hopefully, resolve a matter without costly, time consuming and emotionally tolling litigation. Depending on the facts and complexity of the matter, settlement negotiations can take place in correspondence between the attorneys, an in-person mediation through the court or during a private mediation. In the event that the spouses are able to negotiate an agreement, then the agreement will be incorporated into a final Decree of Dissolution, Property Settlement and Joint Parenting Plan.

    In cases where the spouses are unable to resolve some or all of the issues, it will be necessary to attend a trial where the judge will hear testimony from witnesses and review evidence. Ultimately, the court will issue the final orders for any matters that the spouses were unable to resolve amongst themselves. Once a trial is completed, the judge has up to 60 days to issue a ruling that sets forth the final orders. In some cases, the judge’s ruling is the final Decree of Dissolution. In other cases, the court directs one of the attorneys to draft a Decree of Dissolution that incorporates the rulings.

    Whether a divorce case settles or proceeds to trial, it is critical to have an experienced attorney on your side who can protect your rights and advise you as to what you may be entitled to under Arizona law.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Why Are Divorce Rates So High?

Why Are Divorce Rates So High?

What factors are associated with a higher risk for divorce? Read on to learn more.

  • Young age.  Marriage at a very young age increases the likelihood of divorce, especially in the early years of marriage.
  • Less education.  Research shows that those with at least some college education (vs. high school or not finishing high school) have a lower chance of divorce.   
  • Less income.  Having a modest income can help couples avoid stress that may lead to divorce.   
  • Premarital cohabitation.  Couples who live together before marriage appear to have a higher chance of divorce if they marry, but the risk is mostly true for those who have cohabited with multiple partners.  A common belief is that living together before marriage provides an opportunity to get to know each other better, but research has found those that live together before marriage have already developed some leniency towards divorce.   This leniency towards divorce is what leads the couple to become high risk. However, there are some caveats to these findings.  Research suggests couples who get engaged and then move in together are no longer at a high risk for future divorce.   Their commitment towards marriage reduces the risk of a future divorce.
  • Premarital childbearing and pregnancy.  Childbearing and pregnancy prior to marriage significantly increase the likelihood of future divorce.
  • No religious affiliation.  Researchers have estimated those with a religious affiliation compared to those who belong to no religious group are less likely to divorce.
  • Parents’ divorce.  Unfortunately, experiencing the divorce of your parents doubles your risk for divorce.  And if your spouse also experienced their parents’ divorce than your risk for divorce triples.  This does not mean you are predisposed to having your marriage end in divorce, only that you may need to be more aware of your marriage trends and work harder for a successful marriage.  For more information on what a healthy marriage entails click here.  

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Stages Of Divorce

Stages Of Divorce

LIke grief, divorce has stages a person goes through. In this post we briefly review those stages. Read on to learn more.

Denial. 

It is often tough to accept that you are in the middle of a divorce and you may think the divorce was entirely your own fault. This can send you into a whirlwind of emotions and thoughts You may think there is something you can do to get back with your partner.

Shock. 

You may act in a way in an abnormal way. The shock of the divorce creates different emotions inside your head that may cause panic. This shock becomes more pronounced when you realize how much time you invested in your marriage and family.

Contrasting Emotions. 

It will be tough to control your emotions. From feeling hope to feeling simply nothing but despair, you will try your best to make sense of all that has happened leading up to this point. You may also find that all you think about is the failure of your marriage.

Bargaining.  

You are still hopeful that your marriage will work out. You are willing to do anything to change yourself and just make things work. You may resort to drastic measures just to get your ex to change his or her mind. What you will need to realize at this point, though, is that you cannot control the feelings of other people. Bargaining only delays the harsh reality of divorce

Letting Go.

 When you realize that nothing you say or do will bring your marriage back, you stop blaming your ex-spouse and start to understand your faults and what contributed to the end of your marriage. You may also feel a sense of freedom and a better outlook about what the future holds for you. You can finally let go and move on.

Acceptance. 

The negative emotions finally stop. You feel that you are finally fit to lead a life that is filled with happiness and satisfaction. This stage will accompany a time period of growth. You will finally understand that there is life after divorce, and that there are more positive things to look forward to in your life.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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 lawyersdivorce 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Divorce Consultation Checklist

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Nearly all attorneys offer an initial consultation when you are about to embark on the divorce process. Here is a checklist of things to consider and items you may want to bring for that initial meeting. Download the Divorce Consultation Checklist PDF

  1. ❒ Get together a list of your assets and debts with the necessary documents showing the status of your assets and liabilities. Include individual and community assets and debts as well as all supporting documents.
  2. ❒ Get together a list of your expenses and income including community income and expenses as well as a copy of supporting documentation.
  3. ❒ Prepare a list of questions you want to ask the divorce lawyer. Making the most of your time with the lawyer on the first visit is of paramount importance.
  4. ❒ Bring in your tax returns, both individual and joint, if you filed jointly. Ideally, try to bring in the last two years of federal and state tax returns.
  5. ❒ If your spouse or you are self-employed bring all the documents you can regarding expenses, income, and documentation pertaining to the operations of the business or businesses. An up to date profit and loss statement and a balance sheet would be very relevant as would the previous years Schedule A tax return.
  6. ❒ Make a list (bullet pointing it is a good idea) of important facts and statistics about your family. Names of children, birth dates, anniversary dates and so on.
  7. ❒ Get a copy of the attorney intake sheet ahead of the meeting. This can allow you more time to concentrate on what you want to talk about and give your attorney a little extra time to consult with you live in person.
  8. ❒ Bring as much information about your spouse as you possibly can. For example, where they are employed, and pay stubs as well as facts regarding their persona. if your spouse has a history of mental health issues, raise these when you have the meeting.
  9. ❒ If you are already at the stage where a divorce case has been filed bring a copy of the documentation you have to the meeting, together with an additional copy of all the documentation for your attorney so it can be examined during the course of the meeting.
  10. ❒ Important and evidence and documents you may have are worth bringing. if you have social media info, emails, text messages and photos that contribute to the reasons why you are getting a divorce, bring all the documentation with you.

Source:

“10 Things to Bring to Your Initial Consultation with a Divorce Lawyer.” Wilkinson & Finkbeiner, LLP, 6 Feb. 2017, www.orangecountydivorce.com/10-tips-prepare-initial-consultation-divorce-lawyer/.

See Also

Divorce Checklist

Divorce Mediation Checklist

Amicable Divorce Checklist

Need a Divorce Lawyer in Scottsdale or Phoenix?

We have 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 divorce lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Divorce Checklist

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Divorce is one of the most stressful and complex events one goes through during their lifetime. it is vital to not allow important matters to be overlooked. The following divorce checklist should help you to make sure you are on track to complete your case as efficiently as possible. Download the Divorce Checklist PDF

  1. ❒ Obtain a copy of your current credit report. Years after your divorce is over, you do not want to find out there is an overdue credit card statement in your name the divorce did not take into account. Of course, you still have a responsibility to pay debts you may have accidentally overlooked or forgotten. Consider getting a credit report at the outset and the end of the divorce process, too.  You should likewise ask for a copy of your spouse’s credit report.
  2. ❒ Have your U.S. mail redirected by getting a P.O. Box as soon as you commence divorce proceedings. Soon, you will start getting individual mail (attorney letters for example) you will not want your spouse to have access to. Keep in mind though, your spouse does have a right to mail addressed to both of you.
  3. ❒ Change passwords on your most visited websites, social media and other accounts you have online, for example, Amazon. You will also want to open up a new email address you have not had before.
  4. ❒ Find a good checklist for the documents you will need for divorce. Make sure you get copies of all the documents on the list ideally before starting the divorce process. Remember, before the divorce starts, it is far easier to get all your financial information. It is very important going forward, to have all your ducks in a row so you can proceed quickly and with the best possible information.
  5. ❒ Obtain a yearly calendar and record the dates of the parenting schedule. Mistakes are easy to make with schedules or incorrectly handling important dates unless you have it written down.
  6. ❒ Make a list of parenting issues so you can recall what is most important as you now have to deal with these important issues before the divorce. Some things to consider would include (first refusal for babysitting) how your spouse can access the information they may need to know regarding the child or children and so on.
  7. ❒ It is likely time to make a new will and decide upon new beneficiaries for your retirement accounts, investments, and insurance policies following the divorce process.
  8. ❒ When possible, deal with any outstanding health and medical issues before your divorce and that includes exploring options for your own health insurance policy for the future. The former is especially important if you have health issues needing regular attention and you are currently on the health insurance policy of your spouse.
  9. ❒ Before you start the divorce process, take items and personal property you consider to be invaluable and secure them safely in a place that is outside the home and ensure you get any remaining leftover possessions from your ex-spouse as soon as you can once the divorce has been finalized.

Source:

Covy, Karen, and Karen Covy. “How a Simple Divorce Checklist Can Keep You From Making These 10 Common Mistakes.” HuffPost, HuffPost, 12 Oct. 2016, www.huffpost.com/entry/how-a-simple-divorce-checklist-can-keep-you-from-making-these-10-common-mistakes_b_8271322?guccounter=1.

See Also

Divorce Consultation Checklist

Divorce Mediation Checklist

Amicable Divorce Checklist

Need a Divorce Lawyer in Scottsdale or Phoenix?

We have 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 lawyersdivorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

Divorce Mediation Checklist

How Does a Legal Separation Work

Divorce mediation is a great way to reduce the pain of the divorce process but both spouses have to be honest and of course, it requires full disclosure from both parties to be successful. Although there may be many issues to tackle, some of which may seem overwhelming, this checklist will help you through the divorce mediation process. Download the Divorce Mediation Checklist PDF

Listing Your Assets

  • ❒ Gather relevant bio info for both parties. For example, the names, addresses and contact info for both parties. As well as the date of marriage, employment records and the gross annual income for each party.
  • ❒ The names and dates of birth of all the children you have together and whether they are over the age of eighteen or not.
  • ❒ Up to date statements for all bank, savings, checking, money markets, and CD accounts. Figure at least 12 to 24 months of statements.
  • ❒ Up to date statements for all bank accounts relevant to your child or children such as 529 plans, CD’s or college saving accounts.  The most recent statements are usually sufficient.
  • ❒ Up to date statements for all bond and stock investments.
  • ❒ List all your vehicles with their Kelley Blue Book value as well as the model and year of the vehicle.
  • ❒ List any lawsuits you have pending where you and/or your spouse are listed as plaintiffs.
  • ❒ Outstanding loan statements or a list of verbally made promises to repay loans where one or both parties are creditors.
  • ❒ Outstanding statements listing all the retirement accounts owned by each party. Examples would include 401 (K)’s, 457’s, 403(b)s, company pension plans, traditional and Roth IRA’s. SEP IRA’s and TIAA-CREF. In certain circumstances, they may need a valuation performed by a professional actuary to ascertain their current market value.
  • ❒ A statement listing employment-related benefits. For example incentive, stock options, golden parachute plans, and cash balance.
  • ❒ Appraisals stating the current market value of real estate individually or jointly owned. This would include, vacation homes, the primary residence, investment properties, timeshares, vacant real estate.
  • ❒ A list of personal properties in the home (or homes) as well as artwork, jewels, antiques or other objects that have a large financial value. It may be the case that special professional appraisals are needed if the value of items cannot be agreed upon.
  • ❒ The current market value of any businesses owned by one or both parties.

Listing Your Liabilities

  • ❒ Statements showing the current balances for all the mortgages, lines of credit or home equity loans for any properties that are individually or owned by both parties.
  • ❒ Motor vehicle loan balance statements held by both parties.
  • ❒ Student loan balance statements held by both parties.
  • ❒ Outstanding loan statements or a list of verbally made promises to repay loans where one or both parties are debtors.
  • ❒ Credit card balance statements for both parties.
  • ❒ All the information regarding civil lawsuits that are pending where one or both of the parties are named as defendants.

Income Details

  • ❒ Six months of income statements and/or pay stubs for both parties including 1099 and W-2 employment details.

Tax Details

  • ❒ Three years of federal and state tax returns and all of the relevant 1099 and W-2 statements.
  • ❒ If one spouse or both together had or have a business, three years worth of corporate tax returns.

Insurance Details

  • ❒ Life insurance policy declaration sheets for all of the policies held by both parties, including a statement expressing the value of cash surrender of any universal life or whole insurance plans.
  • ❒ Disability policies listed with their declaration sheet held by both parties.

Other Needed Documents

  • ❒ Marriage certificate copy.
  • ❒ Trust document copies.
  • ❒ Copies of wills that have been executed during the course of the marriage.
  • ❒ Copies of statements regarding pre-marital agreements, marital agreements or statements regarding pre or post-nuptial agreements.

If you have reasons to question the validity of the information the other party has provided you can raise those issues during the divorce mediation sessions. Rest assured it will be handled in a manner that is not confrontational, fair and will take into account the viewpoint of everyone. By collaboration and mediation, both parties would have pulled together all the information regarding your estate, usually in just a few weeks – as long as the information provided to the mediator is complete and accurate as it can be.

Source:

Pastore, Cris. “Get Ready for Divorce Mediation – A Complete 30-Item Checklist.” Get Ready for Divorce Mediation – A Complete 30-Item Checklist, www.mainlinedivorcemediator.com/healthy-divorce-blog/bid/107374/get-ready-for-divorce-mediation-a-complete-30-item-checklist.

See Also

Divorce Checklist 

Divorce Consultation Checklist

Amicable Divorce Checklist

Need a Divorce Mediator in Scottsdale?

We have 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 divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

How to Divorce Peacefully

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If you are searching for “how to divorce peacefully”, “how do I end my marriage peacefully”, or “how to divorce amicably”, this post should help!

What is an Amicable Divorce?

Amicable divorce is a type of civil divorce where both spouses agree to the conditions and terms of property division, child and spousal support, custody, and visitation. In other words, an amicable divorce is a peaceful divorce or uncontested divorce.  There is little or no need for Court involvement or risky or expensive lawyers and litigation.

Peaceful Divorce Options

The best options for a peaceful divorce are divorce mediation or collaborative divorce. Both types of divorce avoid the stress and other issues brought about by conventional court house divorce litigation.

What Is Divorce Mediation?

Divorce mediation is a process you and your spouse decide to go through to determine what is best for both of you and your children (if applicable.) You both meet with a third party mediator who helps you both work to resolve issues enabling you to amicably end your marriage without the large costs and prolonged court battles of hiring lawyers and going through extensive legal proceedings. Some of the issues covered may include (but are not limed to) the distribution of property (liabilities and assets,) retirement, tax. child maintenance/support, parenting time and child custody.  The mediators are usually lawyers or retired judges with deep familiarity with family law in your state.

Learn more about, “What Is Divorce Mediation?

What Is Collaborative Divorce?

Collaborative divorce is the process of taking a problem and troubleshooting approach to disputes as opposed to dealing with them through the fight and win processes of the court room. Couples choosing this option use a combination of negotiations and mediation to settle the terms of their divorce. Indeed, some courts even insist divorcing parties seek either mediation or collaboration before permitting litigation in the court room. This process also saves money compared to having to pay out fees for attorneys as well as saving time and allows you to negotiate to reach the best possible result.  Many collaborative divorce lawyers will offer fixed-fee rates so you know precisely how much the case will cost from the start.

Learn more about, “Collaborative Divorce

How To Divorce Peacefully With a Mediator or Collaborative Lawyer

The steps to a peaceful divorce include:

  1. Make a mutual decision to get divorced
  2. Decide whether divorce mediation or collaborative divorce is right for you
  3. Contact a mediator or collaborative lawyer to begin the process
  4. Agree on divorce terms and conditions with your spouse through a series of mediations or collaborative divorce group sessions.  Most collaborations resolve by the 3rd or 4th session, which can range from 2 to 3 hours per session.
  5. Sign the final binding agreements
  6. Have your mediator or collaborative lawyer file the final legal paperwork with the Court to sign.

How to File for Amicable Divorce?

  1. Select the appropriate court.
  2. Download and print the uncontested divorce petition papers
  3. Complete the petition
  4. Make 3 copies, sign, and date all copies in front of a notary
  5. File one cope with state district court
  6. Serve one copy to your spouse through intermediary such as professional process server or county constable, pay filing, fee and wait 30-90 days
  7. Prepare divorce settlement agreement
  8. Prepare divorce decree, sign it and have your spouse sign it in front of a notary
  9. File proposed order and divorce settlement agreement with the county clerk after statutory waiting period expires

Or, you can hire a Divorce Mediator to do all the leg work for you. Check out our Amicable Divorce Checklist.

Source

  1. “Amicable Divorce Facts and Tips – Divorce Source.” Divorcesource.com, www.divorcesource.com/ds/uncontested/amicable-divorce-facts-and-tips-4523.shtml.

Need a Divorce Mediator in Phoenix or Scottsdale?

We have 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 divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and 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 custodylegal guardianshippaternityprenuptial 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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Written by Canterbury Law Group

What Is Amicable Divorce?

How do I get a prenup?

Amicable divorce is a type of civil divorce where both spouses agree to the conditions and terms of property division, child and spousal support, custody, and visitation. In other words, an amicable divorce is a peaceful divorce or uncontested divorce.

How to File for Amicable Divorce?

  1. Select the appropriate court.
  2. Download and print the uncontested divorce petition papers
  3. Complete the petition
  4. Make 3 copies, sign, and date all copies in front of a notary
  5. File one copy with the appropriate court
  6. Serve one copy to your spouse through intermediary such as professional process server or county constable, pay filing, fee and wait 30-90 days
  7. Prepare divorce settlement agreement
  8. Prepare divorce decree, sign it and have your spouse sign it in front of a notary
  9. File proposed order and divorce settlement agreement with the county clerk after statutory waiting period expires

Or, you can hire a Divorce Mediator to do all the leg work for you. Check out our Amicable Divorce Checklist.

How to Divorce Amicably

  • Step 1: Decide to divorce without blame
  • Step 2: Focus on what’s important
  • Step 3: Don’t hide anything whether assets or liabilities
  • Step 4: Place the needs of your children first, your own needs second
  • Step 5: Work through the divorce with mutual respect, without involving attorneys and out of court, or even with attorneys, but keeping things level headed and out of court.

Learn more about How to Divorce Amicably

How to Have an Amicable Divorce with Children

If you have children, you can still file for amicable divorce. The amicable divorce process with children is only a little more complex. Children add issues to divorce in terms of child support, custody terms, and parenting responsibility. Having children that are minors may impact the way the cars, family home, and other assets become divided. This can create opportunities for parties to disagree or for spouses to be too far apart on issues to reach an agreement. A divorce mediator or collaborative divorce attorney can provide objective insight into possible solutions that would work best for children and spouses.

Parental issues involving minor children and divorce include:

  • Child Custody: Which spouse will have physical custody of the child(ren)?
  • Living Arrangements: What location will the child(ren) live?
  • Visitation Rights: How often will a non-custodial parent be able to see their child(ren)?
  • Child Support: How much will a non-custodial parent have to pay to the primary caregiver?

Amicable Divorce Advantages

The biggest advantages of amicable divorce are fast speed and low cost. Since both parties agree to the divorce, the process happens more quickly and cost less since you need fewer services from a lawyer.

  • Fast Divorce
  • Low Cost Divorce
  • Easier on Children
  • Better Relationship with Spouse After Divorce
  • Faster resolution, means your single again sooner and on with your new life.

How Much Does Amicable Divorce Cost?

On average amicable divorce costs about $7,500 per spouse. Costs ranged from $5,000 to $10,000 per spouse for the US in 2019. This estimate includes hiring a divorce mediator or collaborative divorce attorney. Most attorneys charge anywhere from $300 to $700 an hour for their time.

Source

  1. “Amicable Divorce Facts and Tips – Divorce Source.” Divorcesource.com, www.divorcesource.com/ds/uncontested/amicable-divorce-facts-and-tips-4523.shtml.

Need a Divorce Mediator in Scottsdale?

We have 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 divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and 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 custodylegal guardianshippaternityprenuptial 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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