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Written by Canterbury Law Group

How to Divorce Without Going to Court

How to Divorce Without Going to Court

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

Divorce Alternatives to the Traditional Process

Let’s start with a disclaimer: while some states enable you to acquire a divorce ruling without ever entering a courtroom, others require you to appear in front of a judge. However, if you can settle your disputes ahead of time, your court appearance will only take a few minutes, rather than the hours or even days that a contested divorce trial will take. You and your spouse can try to resolve your differences on your own, or you can use one of the Alternative Dispute Resolution techniques (ADR).

Solving Problems by Yourself

If you and your husband are on friendly terms, you might list your marital concerns and try to come to an agreement on each one. It’s a good idea to do some preliminary research on the topics you’ll be discussing so you don’t forget anything. Divorce concerns typically include any or all of the following:

  • partition of assets and debts
  • spousal support or alimony
  • child custody, as well as
  • support for children

You should have a divorce lawyer formalize your settlement by producing a Property Settlement Agreement once you’ve reached an agreement on all of your divorce-related concerns (also known as a Marital Settlement Agreement). In addition to the terms you’ve agreed to, this will usually include significant legal clauses. Keep in mind, however, that you and your spouse cannot employ the same lawyer; you should both have your own counsel evaluate the contract on your behalf.

Choosing a Mediator for Your Divorce

Mediation is a prominent ADR technique. Mediators are qualified professionals who assist spouses in resolving their conflicts (usually lawyers or child custody experts). The couple will prepare material and documents (such as tax records) ahead of time and meet with the mediator as many times as required to reach an agreement. The idea is to limit the parameters of the settlement to a written agreement.

Mediation is usually less stressful than going through a contested divorce. Sessions are usually held in the mediator’s office and are relatively informal. Although the couple can have attorneys present, it is not needed, which adds to the mediation’s cost-effectiveness. (Having attorneys there can actually be unhelpful at times, especially if the attorney is confrontational.) You will have to pay the mediator, although this is normally split between the parties.

Divorce Through Collaboration

Another type of ADR is collaborative divorce. The purpose is similar to mediation in that it is to establish an agreement, but it is structured differently.

A mediator or other third party is not involved in a collaborative divorce. Rather, each couple has an attorney and participates in “four-way” meetings in order to establish an agreement. Collaborative law attorneys often have specialized training in this area. In order to keep them focused on the settlement, most—if not all—states prohibit them from representing the spouses in future court cases if the negotiations fail.

Collaborative law is based on the concept of working as a “team.” To establish an agreement, all players are required to work together. Any professionals involved in the process (such as accountants, property appraisers, and child psychologists if there is a custody dispute) must be impartial and accepted by both parties.

If you’d rather have an attorney represent you throughout the settlement process, you’re more likely to choose collaborative divorce over mediation. But keep in mind that if you can’t come to an agreement, you’ll have to start the entire divorce procedure over with new lawyers. This could result in a huge increase in costs, as these new lawyers will have to learn the case from the ground up.

Arbitration in Divorce

Divorce arbitration is another weapon in the ADR toolbox, and it’s frequently used by couples who don’t think they’ll be able to settle their disagreement but want someone to make a decision outside of the traditional court system. Unlike mediation and collaborative divorce, arbitration’s purpose is for the arbitrator to decide the case and give a ruling, similar to what a court would do after a trial. (Divorce arbitration may not be available in all states; consult a local attorney to see if it is used in your area.)

The advantages of arbitration versus a court trial are numerous. The arbiter is chosen by you and your spouse. You cannot choose your judge in court. You can also choose to relax the standard rules of proof. For example, rather of having a witness attend in person, you can agree to accept the presentation of a witness’s sworn written statement. You’ll also collaborate to define the dates, times, and length of your arbitration sessions. That’s a luxury you won’t find in court, where disputed divorces can drag on for over a year and you can waste hours each time you go waiting for a judge to show up.

The most significant disadvantage of arbitration is that the judgement is final and binding. You usually can’t appeal unless the arbitrator is acting improperly. With a court trial, it’s nearly a given that you’ll be able to appeal. You’ll also have to pay the arbiter in addition to your lawyers. This can be costly, especially in complex circumstances.

Is it necessary for you to appear in court?

You must submit a divorce petition or complaint with the court to formally end the marriage, even if your case has been settled. The divorce is usually based on no-fault grounds (reasons), such as “irreconcilable disagreements,” by whichever partner files the case. You must submit the relevant papers and forms in states that do not require a court presence. These are frequently seen on the court’s website. A judge will approve the settlement and issue a final divorce judgment if everything is in order.

If your state needs a court appearance, you’ll notify the court clerk that your divorce case has been resolved once you’ve completed the initial divorce filing process. The case will be marked “uncontested,” and you will be given an expedited court date. In most cases, you’ll appear in front of a judge for around fifteen minutes, verifying the grounds for the divorce and answering basic questions about the settlement agreement. Again, the court’s website is likely to provide useful procedural information.

Regardless of which path you choose for your divorce, you should seek the advice of an expert family law attorney who can assist you throughout the process.

Need a Divorce Lawyer in Scottsdale or Phoenix?

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.

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

Top 10 Questions to Ask a Divorce Lawyer

Top 10 Questions to Ask aDivorce Lawyer

If you’re going through a divorce and need an attorney, keep in mind that you don’t have to select the first one you come across. One of the most essential divorce-related decisions you’ll make is selecting the best lawyer to represent you.

Even if a friend or another lawyer has recommended a family law attorney, you should still do your research; examine the attorney’s credentials and make sure he or she has the expertise to handle your case.

There are many lawyers, and many of them advertise themselves as “family law” or “divorce” attorneys. Family law, on the other hand, is a specialization involving complicated legal principles that take time and experience to grasp. There are even more subspecialties within the field of family law, like child custody law, international custody law, guardianship, and a branch of the law regarding Qualified Domestic Relations Orders (QDROs), which are special orders that must be used to distribute certain types of retirement benefits.

Divorce also has a number of financial implications, including:

  • standards for financial disclosure between spouses
  • Before and during the divorce, restraining orders ban spouses from changing beneficiary designations or transferring assets.
  • alimony is a phrase that refers to a (how to calculate income available for alimony and the special factors courts consider when determining setting payments)
  • support for children (how to calculate child support in your state)
  • Property and assets, such as real estate, collectibles, venture capital interests, stock option portfolios, goodwill, or other company interests, are divided, and
  • the distribution of pension benefits

There is a large body of law that applies to these concerns (which varies from state to state). The government and/or the courts constantly alter or overturn these laws, so you’ll need to choose an attorney who is knowledgeable with the latest regulations and cases that pertain to your divorce.

You might feel comfortable selecting a less experienced family law attorney if you have a basic case with few financial difficulties and no children. If you’re going through a disputed divorce with significant assets, extensive financial concerns, or a complex custody fight, you should choose a family law attorney that specializes in family law and has experience with the issues you’re dealing with. See our article, Hiring a Divorce Lawyer, for advice on how to hire a divorce lawyer to handle part or all of your divorce case.

Ten Things to Ask a Divorce Lawyer

We’ve put up a list of questions you might want to ask a family law attorney during your initial consultation. These may assist you in determining whether or not this lawyer is appropriate for your case.

1. Do you specialize in divorces or do you handle them as part of your general practice? How long have you been working in the field of family law? How many cases have you handled involving family law? Is it true that you’re a “qualified family law specialist”?

2. What is your plan for dealing with my case? How long will it take for my case to be resolved?

3. How long does it take you to respond calls? In the event of an emergency, how can I contact you? What do you consider an emergency situation?

4. Will you be working on my case with anyone else in your office? What kind of background do they have? Is it possible for me to meet them?

5. What method will you use to bill me? How much do you charge per hour? Do you bill for the time I spend interacting with other lawyers, paralegals, and/or secretaries? If so, what is the rate of increase? What is the amount of your retainer up front?

6. What other costs (besides your own) do you plan to incur (for example, for private investigators, forensic accountants, physicians, and/or psychiatrists), and how will you bill me for them?

7. What do you think the total cost of this divorce will be? (Don’t be surprised if most divorce attorneys refuse to answer this question because the cost of the divorce is heavily influenced by the level of contention in your case.) The way attorneys respond to this question, on the other hand, may assist you assess them. An honest attorney will frequently respond that estimating fees in advance is tough. If an attorney offers you a very low fee, it’s possible that they’re just attempting to gain your business).

8. Do you allow me to bargain with my spouse directly? How can I keep my divorce costs down? Is there anything I can do on my own to reduce the amount you’ll charge me?

9. How do you think a judge would rule in my case, based on what you know about it?

10. What can you do to assist me in better understanding the tax implications of the decisions I’ll need to make?

Need a Divorce Lawyer in Scottsdale or Phoenix?

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

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.

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

Reasons to Finalize Your Divorce and Save Money

If your marriage is in a rocky place, it would behoove you to be mindful of the timing of decisions; the government has recently enacted a few tax laws that impact divorcing couples, especially those with high net worth. Tax codes are perplexing in the best of times and now, quite frankly, does not constitute the best of times. This makes it more important that you understand how these new laws affect you.

How do you decide if it is in your best interest to settle this year? The first step is to take a deep breath. Second, divorce attorneys in Scottsdale recommend considering the three items below and what effect they will have on you. Third, work with a lawyer as well as a financial advisor experienced in divorce to minimize the impact of the new laws.

Move Fast To Control Taxes On Alimony

Alimony, often called spousal support or maintenance, will have a significant change on New Year’s’ Day in 2019. Under current laws, alimony has been deductible by the paying spouse and taxable to the receiving spouse. This benefited the family unit as the recipient paid tax at a lower rate than the payor deducted it at resulting in lower taxes. Going forward, however, alimony will no longer be deductible by the payor or taxable to the recipient.  Alimony will now be treated the same as child support: tax free.

Tax Benefits Of The Family Home Are Changing

 Your home. This is a popular item in many divorces. Is it a top priority to keep it? Are you itching to leave it behind with the past? How do you split the value? It’s important to focus on your home as a financial asset while factoring in the memories as well as the potential emotional stability it may provide. The new tax law reduced the deductibility of property taxes and the amount of mortgage that qualifies for interest deduction making it more expensive to own a home under the new tax laws.

Kids Are No Longer As Great A Tax Deduction

The new tax code also eliminated the personal exemption amount for tax years 2018–2025. This means that you don’t get a multiplier of kids as a deduction on your tax return. It’s still important, however, to negotiate who will claim the kids for other purposes. While the exemption amount is zero dollars, it may allow the parent to receive additional child tax credits, which are more generous under the new law.

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Written by Canterbury Law Group

6 of the Hardest Moments During Divorce, According to Women Who Have Experienced It

It can be hard. It can be ugly.

Divorce is never a good thing (in the moment), but it happens.  A lot.

Of course, divorce can always end up being a good thing when all is said in done, but going through the process yields some difficult and challenging times. There are arguments about money, child custody, real estate, residences, and more. These disputes seem to go on forever with little to no resolution.

While every divorce is a little bit different, arguments about money generally top the list. Especially if you’re in business with your spouse, figuring out how to separate money can be a brutal task. The process involves lawyers and a lot of tears. Sure, there are things that be done to prevent divorce, but sometimes it is unavoidable.

Why must divorce be so hard? It need not be.  Divorce attorneys in Scottsdale will tell you that there is a right way to approach this transition as opposed to the long-reviled “scorched earth” approach.  Is it really worth the emotional and financial trauma to “go to war” with someone you once loved deeply?

That said, let’s take a look at six of the hardest moments during a divorce, according to women who have been through the conventional litigation process to achieve it.

Money Stress

During your marriage, there are times when you may have discovered your spouse handling finances in a secretive and non-transparent manner. For example, perhaps your spouse had a gambling or substance abuse issue that caused depletion of your community funds. This can end up very, very messy.

Leaving Your Home

After pouring your heart and soul into your primary housing (including potential renovations), having to either sell it or move out is a very difficult process.  Memories were made in that space, the children grew attached, school districts were established.

Feeling Unsafe

One of the most compromising feelings is the notion that you’re in a dangerous physical predicament During a divorce, you may experience blowout fights that can result in the feeling of being unsafe.  Your lawyers can solve this problem rapidly and with strength so you can sleep well at night.

Seeing Someone Else

Things can get ugly if/when you find out that your spouse is romatically seeing someone else prior to divorce papers officially being filed or later on, finalized. This can be seen as disrespectful and downright rude.

Time Away From The Kids

Not being near your kids each and every day can result in a lot of heartache. Experiencing divorce is hard enough; losing time with your kids may be harder.

Losing Your Best Friend

After all, people tend to marry who they refer to as their best friend. Knowing that you’re losing your friend and husband/wife at the same time can be a deflating feeling.

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Written by Canterbury Law Group

Reasons Why People Make Divorce Overly Expensive

There is no question that it takes more money to run one household than two households after a divorce. Having said that, it doesn’t mean that it isn’t doable or worth it to go through a divorce, if that’s what is necessary, you have little choice.

Sure, divorce is expensive. When all is said and done, costs can run close to $50,000 to $100,000 if both sides dig in and want to litigate. That is a lot of money.

While there are certainly ways to save money during a divorce, there are also many ways to increase costs, many of which are almost entirely unnecessary.

Divorce lawyers in Scottsdale see costs continue to grow as people exhibit the following behaviors.

Of course you want what you are entitled to. Having said that, are you willing to go to the brink on this one even if the amount that you fight for is not enough to cover attorney costs? Think about that one for a minute. Spending ten thousand dollars to win back five thousand dollars to “show up your spouse”—that’s bad math. Do not do it.

Refuse to Accept Your Settlement Proposal

Sure, your attorney wants what is best for you, even if that entails you spending all of your money on what’s right. Ultimately, you should get what you deserve, right? Demand That Your Ex Runs All Parenting Decisions By You If you and your spouse struggled to make parenting decisions during your marriage, what makes you think that it’ll go smoothly once you’re divorced? This will only result in wasted time, energy, and money.

Negotiate With Your Spouse

One of the most common reasons as to why people file for divorce is due to trouble communicating. Spouses constantly argue about budgets, schedules, and general decision-making. Things can escalate from there within a divorce.

Hire a Child Custody Evaluator

These professionals generally charge about $10k to $15k for a comprehensive custody evaluation, not including time spent as a witness at any hearings. — Sure would be cheaper to hammer out a compromise with the other parent compared to spending the time money and tears usually consumed in the child custody evaluation process.

If you want to decrease costs during a divorce, consider avoiding the aforementioned behaviors. They will save you time and money in the short-term and make you much happier in the long-term.

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Written by Canterbury Law Group

Talk About Divorce Right After Engagement

It’s THE most exciting time in your life. You’re newly engaged and about to embark on an exciting life journey with the one you love.  You will soon marry!

But guess what? Now, and we mean NOW, is the best time to talk about divorce.

Why is that?

Well, divorce attorneys in Scottsdale see it all the time. Great people with high hopes and optimism for their relationship soon crumble before them with a relationship that ends in resentment and heartbreak. With affections and optimism at its peak during an engagement, talking about divorce is extremely productive.

Generally speaking, people end up filing a divorce because they don’t know their spouse or they don’t know themselves. By simply speaking with your significant other about divorce, you are taking a huge leap in the right direction to avoid this situation.

The only question that remains is, what should you talk about?

Let’s take a look.

Talk About the Why

That’s right. You should have a conversation with your fiancé about why you would get divorced in the first place. This is a very clear path to pinpointing your marital expectations. This includes non-negotiables such as fidelity and honesty in addition things that might change throughout the marriage like friendships and career details. You can take this one step further and discuss what you both feel are good and bad reasons to get divorced.

Discuss Prevention

Experiencing issues in a marriage is inevitable. A perfect marriage, with no problems, simply doesn’t exist. Having said that, it’s important to handle those issues properly and overcome them in the best possible manner. Be candid with your partner about how you would handle problems and what you would do if issues were to present themselves. Would you broach things head on? Would you wait it out? Would you seek counseling? These are all important questions to consider.

Share Obligations If You Were to Get Divorced

While prenuptial agreements may be tough to have at such an early stage of your long-term relationship, they provide a great of insight. They are raw, emotional, and passionate.

It’s important to discuss things like the space you share (your home), financial logistics/needs, professional life changes, family member involvement, and parenting.

While it’s important to discuss individual needs during a divorce, if you devote enough affection throughout your relationship and appreciate everything your fiancé has to offer, it’s unlikely that you’ll ever need to file those divorce papers.

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