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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]

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Written by Canterbury Law Group

How To Divorce Your Wife And Keep Everything

How To Divorce Your Wife And Keep Everything

Dividing property, retirement accounts and small businesses are often tough to negotiate through the divorce process. Courts will not usually look at property as belonging to one party, but where you live may be key into obtaining a different outcome and a pre-nuptial agreement may help to maintain some assets. Read on to learn more.

Asset Disclosure

It is vital to disclose all your assets: Business Insider says, “Step one: Identify your assets. Before you can proceed with anything else, you need to know how much money you have and where it is. Next, clarify what’s in your name and what belongs to your spouse, including any mortgages, bank accounts, investments, and other assets.”

This includes not gifting or giving your assets to others for three primary reasons:

  • Attempting to conceal assets is subject to a range of penalties including jail sentences
  • Successful concealment at the outset may result in the partial or total loss of the asset when later discovered, and you will also be on the hook for legal fees
  • If the court suspects concealment, your credibility may be impacted, putting at risk other important issues in the divorce process

Disclosing Offsetting Debts

Be sure to disclose every single debt that is secured by joint assets. This may include having to come clean about loans your spouse may not have known about. If you have $1,000,000 in your retirement account but not told your spouse you have paid $400,000 in marital bills, the court may assess the account at its fill $1,000,000 value. If money has been borrowed from friends or family, be sure to disclose those as well.

Remember the assets of your business. You will need the services of a business valuation expert to make a determination. If money has been borrowed to meet payroll, that information must also be disclosed. Admitting all liabilities means you will keep the maximum assets possible.

Documents

If you obtained money before your marriage, you may be able to maintain those assets but you will have to provide evidence they were obtained before you tied the knot. This means you will have to produce account statements or whatever other evidence you may have.

Negotiation

If you want to maintain a certain asset, you will have to negotiate. For example, can a trade be done on home equity being kept versus a share of a retirement account? Here is where an experienced law attorney can ensure you also take into account all the relevant tax requirements.

Remember, the court will most likely not share your viewpoint that you solely acquired an asset once you were married. However, an attorney can assist in getting you the best possible result.

Source: https://dadsdivorce.com/articles/keep-your-stuff/

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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How Long Does A Divorce Take?

How Long does A Divorce Take

A divorce in Arizona takes about 60 to 80 days. It is mandatory to wait 60 days once your spouse has been served with divorce papers to finalize the divorce.

Read on to learn more.

State Divorce Requirements

A cooling off period or waiting period is the time that has to pass before a divorce can be field or in some state, the time before a divorce can be finalized. Not every state has these but it normally commences when the divorce has been filed or when the other party has been served the divorce papers. A separation period is the elapsed time spouses must have been separated before a divorce can be filed. However, in some states it just has to be satisfied by the time the divorce becomes final.

Living Arrangements

This depends on the state. In some states it can just be the date you decided to stop living together, though you may reside together, in other states there has to be a physical separation for a certain time period from six to eighteen months. Some states also say there can be no sexual relations between the couple and some states extend this time period when children are involved.

Mandatory Waiting Periods

30 to 90 days is the typical time period for states that have mandatory waiting periods. However, even when states do not have this mandatory time, it may take longer than that for the divorce to be process through the court system. Your state may insist on a divorce hearing to further slow things down and of course all the paperwork has to be present and correct. When children are involved, this period may be extended some months to address any outstanding issues. This is not the same as the time it takes a spouse who has been served papers to respond. Usually, the spouse who receives the papers has between 20-60 days to file a response. Sometimes, the waiting period can be reduced if the spouse who has received the papers agrees and files the appropriate papers with their response.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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How To Divorce a Narcissist

How To Divorce a Narcissist

A narcissist is someone with certain characteristics defining their personality. These may include a desire to be admired, the need to be seen as a good person, a need to be right and to be critical. Further, they often are charismatic but lack remorse and appear bereft of conscience. They are often controlling individuals and their values depend on the scenario they are currently in. They can be masters of emotional manipulation yet be emotionally vacuous. They refuse to take responsibility but hold grudges and have an elevated sense of importance. They often claim to be misunderstood because of their past, begrudge people their success and are disinterested in solving relationship issues.

Read on to learn more.

When one partner in a divorce is a narcissist and the other person a reasonably levelheaded individual it can be the source of great conflict. Add children into the mix and the behaviors of the narcissist can cause the breakdown of communication as the other partner launches into defense mode. To outsiders, this may appear the “reasonable” spouse is creating much of the conflict, but many do not know what it is like to live with someone with this particular personality disorder. The narcissist often has such a need to win they will stop at nothing in destroying the other person to achieve that purpose. Sometimes, the only way to make headway is to confront it head-on.

Look further at some of the traits of a narcissist when you divorce them:

  • They will attempt to retain control and influence your life
  • They may dictate how child support is spent
  • They may dictate terms of child visitation and every other aspect of coparenting
  • They may look to wreak financial, domestic, and financial abuse on you, especially if they sense you are weak, fearful, or sympathetic in any way, promoting their poor behavior

Divorce Coping Tactics

An attorney can help if they are willing to go to bat for you and support you in protecting your legal rights.

Narcissists project their own shame, guilt and fears on to you, no matter how successful you may be. This causes confusion and hostility and plays into their hands. The only aspect you can change is your response to them. To that end, your communications with them need to be careful. Be aware of their tactics and do not give them the answer they seek. Ultimately, the yare trying to make themselves feel better by casting you as the bad person.

The reality is fantasy is the world the narcissist chooses to live in. You must see them for who they are, not who they wish to be portrayed as. Every time you act in a kind way, it will be exploited. A tool a narcissist uses us to make you doubt your value. But be assured you do have self-worth and strength they do not recognize.

A narcissist is no respecter of boundaries and thinks their needs are paramount. But you can hold firm by controlling the behaviors you will allow and not permit. It is not the answer to the problem because the more you confront them, the more it plays into your hands. Communication has to be free from conflict, disrespect, and manipulation, Insist all communication is done via email.

This may not be popular, but it is worth keeping this condition in order to separate yourself from this toxic person.

Through the divorce process, friends and family may not be able to fully empathize even if they have gone through the divorce process because of the personality of your former partner. Therefore, it is critical you retain the services of a divorce attorney who comprehends the multifaceted aspects of a narcissistic personality disorder during the divorce process. A therapist may also be of great help in setting boundaries and assisting with coping mechanisms to maintain them. In the end, the more people you have on your side – the easier you will find this painful process.

 

Source: https://www.mydomaine.com/surviving-emotionally-while-divorcing-a-narcissist-1102458

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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Can I Get Divorced During Coronavirus?

Can I Get Divorced During Coronavirus

The coronavirus pandemic has impacted every aspect of our daily lives.  And many people may be mystified about what to do when they are considering or in the middle of a pending divorce. Courts are adapting to the new circumstances; video and online conferencing is becoming extremely popular and people can still get divorced. Read on to learn more.

Researching Divorce Options

Let us have a look at some of the ways you can communicate with your soon to be former partner.

Pro Se / Self-Represented

This is where the parties agree everything among themselves and file all the needed paperwork individually. Usually this is only done in very simple situations such as marriages less than 5 years, marriages without children or marriages where no meaningful wealth was accumulated.

Private Mediation

When divorcing and mediating, a third party agreed between the two principal parties leads communication to reach an agreement for settlement. A party may choose to retain the services of an attorney for advice and documentation review to serve both as a mediator and counsel.  Mediation is far more peaceful and typically less expensive than conventional litigation for a divorce.

Collaborative Process

A team of trained professionals works for each individual spouse including two collaboratively trained attorneys, an independent financial advisor, communications coach, adult counselor, or child specialist/advocate (if required) meet as a unified team with the two parties to develop a settlement. It is agreed litigation will not take place even when a settlement cannot be obtained.  Collaborative divorce can usually be completed within 120 days at 50% less cost compared to conventional court house litigation dissolutions.

Traditional Attorney-to-Attorney

Where two attorneys work and structure out a settlement on behalf of the parties and often try to dissuade the two parties from communication during the process of divorce.

Determining the best course of actions for you is key and you can look online and also go through reviews at state organizations specializing in mediation. Reach out to a few divorce lawyers, discuss the circumstances, and go from there.

Your Professional Team

Normally each spouse retains an attorney who has family law experience. Expense is always a factor. Similar to a primary care doctor, it is vital to feel comfortable with your divorce attorney. You may also retain a financial professional with a background in divorce who can help with financial calculations as well as a coach or counselor for psychological aspects of the process.

Financial Information

It is important to gather all of your financial details together. This would include tax returns, wage slips, investment and bank accounts, pensions, retirement plans, real estate, and business interests as well as debts like student loans, car loans, mortgages, credit card debt and such like. Much of this can be assembled online. However assessing the values of assets can be fraught with contention, so information may have to be updated or changed during the process of negotiation.

Budget

While you are mainly homeward bound, now is a good time to create a budget for your post-Decree life. This will assist in comprehending how much money you need to live on as well as assessing what will be the requirements for spousal support and support of a child or children as part and parcel of the agreement. It may well be your spending priorities have changed currently, e.g. spending less on eating out and gasoline but more on groceries and home utilities. This will have to be updated over the passage of time, so it is a good reflection of your needs and lifestyle options in seeking a fair settlement from your spouse.

Living Arrangements

Your budget may necessitate changes to your living arrangements. Real estate sales are still ongoing and oddly values are continuing to go up, but housing values may also lose value during the Coronavirus pandemic. So, having the latest real estate pricing information is key whether you are buying out your spouse, you are both selling the house, or you are looking to buy a new residence post-Decree.

Parenting

Even amicable divorce can have issues coming to grips with a viable post-Decree parenting plan. Right now, that ay have to be arranged through video and phone meetings and where children are involved, privacy may be an issue. With everyone residing under one roof, finding time that is not disturbed with your kids can be a challenge.

Logistics

The two spouses will have to decide whether to go ahead with divorce proceedings during the current pandemic. Even video conferencing may not always be possible as more and more people are having to stay at home. Once in person meetings are permissible, you will have the option of a video conference, or everyone masked up, meeting in person. Some video conferences allow break-out rooms, permitting private conversations.

The Coronavirus may be part of our lives for some time to come. If you go ahead with a divorce, you will have to be patient as some things will have to be handled differently that in the past. But with the right support, you can move forward with your life.  Most cases can still be resolved in 6 to 12 months.

Source: Tighe, Janet, and Susan Miller. “7 Tips to Smoothly End Your Marriage in the Age of Coronavirus, Where Divorce Is Harder than Ever.” MarketWatch, MarketWatch, 29 May 2020, www.marketwatch.com/story/divorce-during-the-pandemic-is-harder-than-it-already-is-heres-what-you-need-to-know-2020-05-27.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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What Is Divorce?

What Is Divorce

Here are some of the most frequently asked questions regarding divorce. In basic terms, a divorce is an action sanctioned by law that ends the marital relationship between two parties. Sometimes known as a dissolution, it legally brings a marriage to a conclusion before either spouse dies.

According to Justia, “A divorce is a legal decree that ends a marriage before the death of either spouse. During a divorce proceeding, a court may resolve issues of child custody, division of assets, and spousal support or alimony. After a divorce becomes final, the parties are no longer legally bound to one another, and are free to remarry or enter into a domestic partnership with another person.”

Uncontested Divorces

This is the best choice if both parties are agreeable. The parties work alongside each other regarding the terms and file the appropriate court papers to solemnize the divorce proceeding. Most likely you will not be required to attend court and there will be no trial, no judge, no waste of time or money.

Contested Divorces

When an agreement cannot be reached because of there being too many disputed matters, a judge makes the final call when you proffer the issues to him or her in court. Information will be exchanged, and settlements will be negotiated. If no resolution can be reached, it will go to a court trial and it will be essential to speak with a lawyer to help you advance your case.  Get ready to spend money.

Collaborative Divorces

In these cases, both parties each hire legal representation and they work in active and mutual cooperation to try to settle the outstanding issues. Each party agrees to the 100% disclosure of information for negotiations and meets with one another with the purpose of obtaining agreeable terms.  Most collaborations can conclude within three to four group meetings.  If this fails, both parties will agree to use different legal representation if you go to trial to resolve your case.

No Fault Divorces

This is often known as divorce because of “irreconcilable differences.” – The genesis of this was the thought one of the parties may vacate the marriage and can do so independently of the other party.  Put another way, if one party wants a divorce, you cannot force them to remain married.

Default Divorces

When one party fails to respond to the divorce petition, the court may grant a divorce by default. For example, when one party cannot be located and takes no part in the legal proceedings eventual a default decree can be entered against the non-participating party.

Legal Separation

Overwhelmingly similar to a divorce, papers are filed with the court and a court will make outstanding decisions for both parties and allocate all assets and liabilities. When this has been completed, both parties are still married but separated from a legal standpoint, therefore abrogating responsibility for one another.  Many couples choose this option to maintain healthcare insurance for the other party post-separation.  At any time during a legal separation, either party can ‘convert’ the case to a marital dissolution.

Purpose And Process

So, a marriage can be ended, the parties and the court have to handle property division, issues of child custody, child support, alimony as well as the splitting of assets and debts. It is the presumption of state laws that each party is responsible for fifty percent of everything including debts. Property that is non-marital and meant for just one person will not be split during the divorce.

Marital Property

Unless otherwise shown all property acquired during marriage is considered to be marital community property – even if held in just the name of one party. Property brought into the marriage relationship is considered the same dependent on the duration of the marriage and the kind of property it may be. In certain circumstances, the court may attribute it to one party or the other. Courts have the aim of being fair to both sides and each party has the responsibility of fully disclosing all the relevant information so the court can make that determination to allocate the marital estate.

Spousal Support

Alimony, also known as spousal support may be ordered by the court in circumstances where the health and age of the parties as well as the marriage duration and living standards come into question. This is separate from child support. Spousal maintenance may last for only a few years or for a period with no end date. Should circumstances change for either party it may be further reviewed, or be terminated by the court.

The Attorney

Although a party may always represent themselves, if there are outstanding issues regarding a child, children, property, debts, assets, or alimony, it is incredibly wise to have the assistance of an attorney. Keep in mind an attorney can only represent one of the parties involved in the divorce or legal separation.

Source: Emily Doskow, Attorney. “The Different Kinds of Divorce.” Www.divorcenet.com, Nolo, 7 Apr. 2013, www.divorcenet.com/resources/divorce/the-different-kinds-divorce.htm.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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Who Gets To Stay In The House During A Divorce?

Who Gets To Stay In The House During A Divorce?

With the exception of when a restraining order is in play that orders a person to stay away from their property, child, children, or spouse, anyone can legally keep living in their house that they either own on their own or co-own with their spouse. Read on to learn more.

People have different comfort levels and obviously many will choose to leave to prevent further marital problems. But if you are on the title or lease to the property, you have the right to stay there from a legal standpoint as long as there is no evidence of harassment, domestic violence, or criminal activity.

Moving Out Can Be A Mistake

When a man moves out, he may have just opened himself up to problems especially if papers are yet to be filed – this is, even more, the case when the man has a child or children. It is vital not to leave on a voluntary basis as that can sometimes be seen as abandonment – even if you think your reasons are justifiable. It may be suggested it is a good idea to leave to reduce the amount of stress to a child or children by your spouse. They may also promise ample parenting time but none of this can be guaranteed and if you are on the mortgage or lease, you have a right to stay at your home.

Even with a protective order in play, there is far more potential for conflict by removing yourself from the home as well as the breakdown of family routine than can impact a child or children.

When you leave the home on a voluntary basis it can send the message to the court that daily interactions with your child or children are not a high priority for you. However, it looks particularly good when you can show the court how much you are involved in the lives of your child or children and how that is the main priority by staying and having the other parent leave.

When you leave the home that may carry over into court orders while the divorce case is getting underway and may work against you if the present arrangement works when shown to the court. This may result in you paying far more in child support and having limited access to your child or children.  Put simply, stay put, until your lawyer says otherwise.

Comfort And Safety

If you are at risk of domestic violence in the home, leaving maybe the safest thing to do and that may include taking a child or children with you. But a temporary custody order must be obtained from a court as soon as possible, so kidnapping accusations cannot be leveled against you. In situations where there is no violence, it is still of primary importance that child custody be foremost. It may be necessary for a court to approve parenting time when a parent moves out. As soon as this can be done the better it will be for your future parenting prospects.

Custody Of A Child Or Children

In instances where a child or children has remained in the family home, it increases the chances the Judge will maintain that position to prevent disruption. This can be avoided with a parenting agreement written by the parents before one of them leaves, the establishment of a schedule for parenting, and the agreement that no parent is giving up their rights.  The parenting agreement however must then be submitted to the Court for the judge’s signature to be binding and enforceable.

My Spouse Wants A Divorce Should I Move Out?

When possible stay in the marital home, in the long run it increases your likelihood of the best possible outcome. If you can find a way to coexist it really is for the best. Move to a new room, avoid un-needed interactions, and keep being part of the lives of your child or children.  Do not bring new romantic partners to the home, this confuses the children and causes your current spouse to likely escalate the litigation.

Source: Cordell, Joseph E. “The #1 Divorce Mistake Men Make.” HuffPost, HuffPost, 19 Aug. 2014, www.huffpost.com/entry/moving-out-after-divorce_b_5510895.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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What Is Proof Of Service?

What Is Proof Of Service

In every lawsuit, a person has to be notified when a legal action has commenced against them – be it taking an issue to court, or if they are being sued. Copies of pertinent official legally binding documents are filed with the courts in the correct manner. This is known as “service of process.”

The plaintiff (who starts the action) has to demonstrate evidence to the court that the defendant has been timely served the underlying legal documents by completing and filing a Proof of Service form. Read on to learn more.

Proof Of Service Definition

This is an official affidavit, that must be signed under oath and then filed with the courts by a person following the successful service and personal delivery of legal documentations to another party.

The reason for having a Proof of Service is to ensure legal proceedings run smoothly, with notice to all parties to assure due process, and according to the established protocol. It gives both parties the opportunity to prepare and defend the case. Sometimes you will hear a Proof of Service referred to as “Affidavit of Service.” It always has to be completed and filed with the court within specific chronological parameters for it to be valid.

The Proof Of Service Form

Although they can vary from place to place as well as in some cases for varying actions being taken – each Proof of Service incorporates the following details:

  • The official name of the court where the documentation has been filed.
  • The case number and name.
  • The name of the defendants.
  • A manifest of documents timely and physically served.
  • The time and date of the serving of the documents.
  • The method of service.
  • The place where the documentation was served.
  • Clarifying if the documents were served in person, by drop service or by mail.

The person responsible for serving the documentation must put their signature of an affidavit, under penalty of perjury, that the documents were served in the method and manner started in the Proof of Service form. This can be written or typed as long as it contains the pertinent information and a valid signature from a licensed process server.

Usually there are check boxes you can mark off so the documentation can be easily identified. Categories may include summons, complaint, alternative dispute resolution package, the cover sheet for the civil case, the cross-complaint and other.

The serving of legal documents must be completed by a non-party to the case and is normally performed by a county Sheriff, Constable or Marshall, a licensed process server greater than eighteen years of age.

Service Methods

Although laws can differ depending on your location. In all cases the documentation must be personally served – this equals the server handing the papers to the party wherever the defendant may be located. It may be at the workplace of the person, their home, a store, a restaurant or on the sidewalk or street. The person responsible for the serving of the papers must ensure they have verified the identity of the individual they are serving the documentation too and to let them know these are court documents.

However, the defendant does not have to accept the documents. They can be left at their feet or even at the front door. Should the individual being served destroy the documents – they still count as being served. The proof required must include, the time, date, and location where the documentation was handed to the party they are intended for.

Service By Mail Delivery

Further documentation can be served via mail. The documentation must be contained in an envelope that is securely fastened and has the address of the party on the envelope that matched the address the court has, or the address where the party has asked for documentation to be delivered. This may be an office used by the attorney of the person being served. The cost of mailing must be covered in full. It is also vital to note the date of the mailing as in many areas it takes five days before they are considered to be served.

Substituted Service

When delivery has not succeeded, some courts allow a form of substitute service. There are very certain rules that must be followed regarding previous delivery attempts and they must be documented. For example:

  • One must demonstrate at least three prior attempts at delivery.
  • Personal service tried at the home of the recipient on multiple days of the week and at times of the day that differ.
  • If their place of employment is known, attempting to serve them there has met with a lack of success.

In these circumstances, so long as you have court approval to do so, the papers may be left with an individual who resides in the same home as long as they are greater than eighteen years of age. Or a person of authority, also over the age of eighteen at the place of employment of the recipient. The server has a duty to inform the person where and with who the documents have been left and that they are legal documentation for the party. The server has an additional obligation to mail a copy of the documentation to the address where the documents were dropped off.

Source: Team, by: Content. “Proof of Service – Definition, Examples, Processes.” Legal Dictionary, 19 Aug. 2015, legaldictionary.net/proof-of-service/.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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Written by Canterbury Law Group

What Does A Family Lawyer Do?

What Does A Family Lawyer Do

Family lawyers specialize in matters pertaining with family law. This includes the handling of issues with a legal component among family members. Examples of this include the custody of a child or children, a couple seeking a separation or a divorce as well as guardianship regarding a child or children. Family lawyers can adopt the position of being mediators but can also be highly effective in representing members of a family when disagreements have to go through the court process. Read on to learn more.

Divorce Issues

A divorce can be an emotional experience, precluding a couple from an amicable solution. By acting as a mediator, a family lawyer may within the confines of the law, assist the involved parties in looking at the situation in a rational manner, possibly avoiding the major headache of going to court.

Wills and Estates

When people state how they desire their assets to be managed and distributed once they have deceased, they utilize a legal document known as a will. A family lawyer can draft these documents on your behalf to ensure they are legally binding as well as ensuring the estate is administered according to the requests of the person who has died.

Child Custody

The issue of a child or children is often fraught with emotion and resentment when a couple decide to go separate ways. Yet there needs to be discourse and an agreement regarding the care of a child or children in their parents new living circumstances. A child custody agreement is something both parents have to comply with. A family lawyer can help form this agreement as well in assisting parents in making any needed amendments that are law-abiding over time.

Prenuptial Agreements

This is an agreement a couple sign before a civil union or marriage. These can vary a great deal, but its purpose will list the degree of support a spouse will receive as well as any property divisions should the relationship not work out. A family lawyer can assist in assembling a prenuptial and can address any matters that result in a legal way.

Litigation

When you have an issue that ends up in court, justice is best obtained by utilizing the services of a family lawyer. They handle cases likes yours on a very regular basis and possess the knowhow and experience to ensure you get the best possible outcome for your case.

Importance Of Family Lawyers

An experienced family lawyer is paramount if you need a satisfactory conclusion to your situation. Although they cannot guarantee the outcome you most desire, you greatly increase the odds of obtaining the best outcome possible by retaining their services. When you have a legal issue needing a balanced and thought-out strategy, a family lawyer is your best option.

“5 Things a Family Lawyer Can Do For You.” Lawyer Referral Service, 8 Nov. 2018, austinlrs.com/blog/5-things-a-family-lawyer-can-do-for-you/.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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Written by Canterbury Law Group

Do I Need a Family Lawyer?

Do I Need a Family Lawyer

A well-versed attorney can make crucial differences when dealing with a family related legal issue. Specializing in many areas from divorce to the adoption of a children and able to offer counsel important matters like the drafting of documents as well as representation in court. Read on to learn more.

What Is The Role Of A Family Lawyer?

A family lawyer can lessen the strain of communication with family members in difficult situations as well as taking care of legal actions involving members of your family ranging from disputes, negotiations, unions, lawsuits, and split ups.

What Can A Family Lawyer Help With?

A family lawyer can help you deal with major changes in the life of your family including in some of the following areas:

  • Domestic partnerships and civil unions
  • Marriages
  • Prenuptial contracts and agreements
  • The separation of a couple
  • The divorce of a couple
  • The settlement of property issues
  • Assisting with alimony
  • Dealing with accusations of child abuse and neglect
  • Dealing with accusations of spousal abuse and neglect
  • Issues of custody regarding a child or children
  • The kidnapping of a child or children
  • The adoption of a child or children

Remember to confirm the area you are looking for assistance with when first meeting a family lawyer.

The Cost of A Family Lawyer

Although it is conventional for family layers to charge an hourly rate, there are those who use a flat rate scale, especially if the task required is simple or more elementary such as the drafting or review of documentation. Rate can vary greatly depending on the complexity of the matters at hand as well as your location.

Expectations Of Working With A Family Lawyer

Given the wide areas of knowledge a family lawyer has, a good goal should be a relationship with your family that is clearly defined. Regardless a family lawyer can recommend whether your case is worth taking to court or analyze the strengths and weaknesses of a case. They are capable of guiding you through each phase of the legal process. You can be sure a family lawyer will ensure all documents are legally binding and has terms that are easy and clear to comprehend. Should you have to negotiate or visit court, there can be no guarantees your outcome will be favorable but with an experienced family lawyer you will have the greatest opportunity to win your case as they will be armed with correct information.

Source: “Do I Need a Family Lawyer?” Affordable Legal Services, Free Legal Documents, Advice & Ask a Lawyer, www.rocketlawyer.com/article/do-i-need-a-family-lawyer.rl.

Need a Family Lawyer in Scottsdale?

Our experienced family law attorneys will work with you to obtain the best possible outcome in your case.  Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorcedivorce mediationchild custodylegal guardianshippaternityprenuptial agreements, and more.

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

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