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Written by Canterbury Law Group

Prenups in Scottsdale

Prenuptial agreements are very common amongst all ages and classes of Americans, as they can provide important advantages for both partners in a proposed marriage. Many people have an instinctively negative reaction when they hear the term “prenuptial agreement.” However, this is not reality. In fact, prenups are often used to plan for future affairs and arrange things legally in ways that are mutually beneficial to both spouses.

The attorneys at Canterbury Law Group typically suggest prenups for people in their 30s or older with any substantial assets, children or a former spouse. Prenuptial agreements are particularly useful for people who are entering into a second marriage. In the case of remarriage, one or both spouses may already have significant assets, and may want to arrange that blood related family members from the first marriage inherit property and assets in the event of divorce or death after the second marriage.

The family law attorneys at Canterbury Law Group work diligently to provide prenuptial agreement advice in Scottsdale. If you’re considering a prenup, here are four tips from our legal experts:

  • Plan ahead. Begin the prenuptial agreement process six months to one year before your wedding dates to ensure that both parties have ample time to review it. Last-minute contracts are harder to enforce.
  • Eliminate your emotions. The emotions of falling in love can alter reality, so be sure to work with trusted advisers on this legally binding agreement.
  • Make your agreement realistic and legal. The goal is to have a contract that is enforceable and provide each spouse with an understanding of what they will get if the marriage ends.
  • Research your state’s law regarding marriage and property. Marriage property laws are different from state to state. Ideally, you have a licensed attorney handle the entire process from start to finish so you can focus on the exciting wedding to come.

If you need prenuptial agreement help in Scottsdale, Arizona, then contact Canterbury Law Group today to schedule a consultation. 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Rate, Divorced Parents, Family Law, Family Law Attorney, Prenups, Same Sex Divorce, Same Sex Divorce in Arizona, Scottsdale Attorneys, Scottsdale Divorce, Scottsdale family attorneys, Scottsdale Legal Help
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Regular Post
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Order of Protection Used to Stop Domestic Violence

The Scottsdale attorneys at Canterbury Law Group help survivors of domestic violence utilize legal protection options to defend themselves from further abuse, including obtaining an order of protection. An order of protection is long term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can also renew the order of protection if he or she still feels threatened by his or her abuser.

An order of protection may include many different provisions, including:

  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Peaceful Contact Provision – Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child
  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Stay Away Provision – Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet
  • Move Out Provision – Requiring the abuser to move out of a home shared with the victim
  • Firearms Provision – Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm
  • Counseling Provision – Ordering the abuser to attend counseling, such as batterer’s intervention or anger management

Order of protections may also include children, other family members, roommates or current romantic partners of the victim. This means the same no contact and stay away rules apply to any other listed individual, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

If you’re in need of protection, call us today to start the process of filing for an order or protection. Or if you have been recently served with an order of protection, and you feel wrongfully accused, you need to speak to a lawyer immediately. Delaying your response to an order of protection only makes it more challenging to have it quashed by a judge in court later. 480—240-0040. www.canterburylawgroup.com

civil domestic violence, Dating Violence, domestic violence, Family Law, Family Law Attorney, Order of Protection, orders of protection, Restraining Order, Scottsdale Attorneys, Scottsdale family attorneys, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Family Law, Family Law Attorney, Scottsdale family attorneys
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5 Tips to Make the Holidays Brighter for Divorced Families

The law team at Canterbury Law Group realize that managing separation and divorce often feels magnified as the holiday season approaches. Many people feel overwhelmed by the stress and strain of trying to maintain the status quo, when in reality, their entire world seems to be collapsing. The Holiday season serves as a constant reminder of past festive and happier times and is contrasted by the current feelings of loneliness and despair.

Although there are no overnight solutions to cure holiday blues, there are steps you can take to help the season be merrier.

  • 1. PLAN AHEAD – Schedule fun and stress-free events with your loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider an out of state vacation that allows you to “escape” the painful triggers.
  • 2. ESTABLISH NEW FAMILY TRADITIONS – While you may want to maintain some of the past traditions, it’s a good idea to create new rituals with family and friends.
  • 3. REASSURE KIDS THAT THEIR HOLIDAYS WILL CONTINUE, BUT IN A NEW WAY – Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate. And now, they get “two” holidays each season (one with Mom and one with Dad).
  • 4. ASK IF YOU ARE ACTING “IN THE BEST INTEREST OF THE CHILD” – Decide in advance how the holiday time will be divided. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 5. MAKE A SCHEDULE – Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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Canterbury Law Group Participates In The State Bar of Arizona & Phoenix’s 12 News’ “Lawyers on Call” Segment

Listen in tonight at 5:00 pm to Phoenix Channel 12’s News “Lawyers on Call” segment to hear Canterbury Law Group answer your questions on family law. This public service program is sponsored by the State Bar of Arizona.

What is Lawyers on Call?

Lawyers on Call is a public service program sponsored by the State Bar of Arizona and Phoenix’s 12 News. Members of the public can have their legal questions answered by volunteer lawyers.

When Should I Call?

If a Lawyers on Call phone bank has been scheduled, lawyers will answer your calls from 5 p.m. to 7 p.m.  The number to call is 602.258.1212. (Please note that lawyers will only be available at this phone number from 5 p.m. to 7 p.m. This phone number is not in service at other times).

What Questions Can I Ask?

The Lawyers on Call program features a different topic of law. The lawyers who volunteer for the phone bank are specifically trained in that area of law. Please limit your questions to that show’s topic of law.

  • What: Lawyers on Call – Family Law Issues
  • Who: State Bar of Arizona and 12 News
  • When: Tuesday, November 10, 2015
  • Time: 5 to 7 p.m.
Information provided by: http://www.azbar.org/legalhelpandeducation/lawyersoncall
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

Realities of the Divorce Process

The Scottsdale divorce attorneys at Canterbury Law Group handle complex divorce cases throughout Arizona, California, Nevada and New York. Their skilled litigation team provides no-nonsense legal counsel for family law cases at the highest level possible.

The law team at Canterbury thoroughly prepares clients while understanding that all cases have unique circumstances and laws vary by state and local jurisdiction. The Scottsdale divorce attorneys also prepare clients for the constant surprises that inevitably arise during the divorce process:

Length of divorce – Depending on your unique situation, divorce can take few months to well over a year, leaving issues that still need to be settled. The vast majority of matters resolve within one calendar year. More complex dissolutions with large asset bases and children, can take up to two years. At Canterbury Law Group, we help clients work out many divorce issues before entering court in attempt to eliminate or reduce long cases. The longer the case, the more expensive it is for both sides.

Court TV is not reality – Court TV may have constructed an unrealistic image of what court is like for the majority of divorce cases. In fact, most cases reach a settlement before needing to see a judge, or if you see a judge, it might only be for a few preliminary hearings and no trial if you elect to settle later.

Rescheduling is common – Expect your court dates to be rescheduled for other cases that take priority in your jurisdiction, such as criminal trials. You cannot insist upon a court date just because the court issued it. Rather, be prepared for rescheduling. Change is constant in a divorce proceeding.

Patience is needed – In most courthouses, your case will not be the only case scheduled for a hearing. Be prepared to sit and wait for other cases to be heard before yours. However, you must always be on time in the event the court is on time.

Everyone has an opinion – When you are going through a divorce, you will realize that everyone has an opinion. Ignore most of them because each case is unique, and no one can give you divorce advice better than your divorce attorney. Don’t rely on what you ‘hear’ or ‘read’ on the internet. Secure top legal counsel and let them steer you successfully to the resolution of your case so you can move on with your life. For more on divorce legal services, go to www.canterburylawgroup.com or call 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

Sole Child Custody After Divorce

When a divorce involves children, Canterbury Law Group fights to protect their future and well-being both emotionally and financially.

Our Scottsdale divorce lawyers work diligently to ensure your children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans. Our primary focus is to reduce the possible future damage divorce can have on children and relationships.

We often see parents who hope to win sole child custody and “take the kids”. However, it is important to realize that the court’s priority is the best interests of the child, which frequently mandates a ruling of joint custody. Many parents go into a child custody hearing with the intention of seeking sole custody. For some parents, this is because they believe that the other parent is “unfit” to raise their child. Any parent hoping to be awarded sole custody should realize that there is a higher burden of proof for the parent seeking sole custody. You will have to literally prove in a court of law that the other parent is an unfit parent based on substance abuse, criminal history or acts of domestic violence.

To award sole custody, the courts have to establish one parent as the “better parent,” which can be difficult to do, particularly if both parents have been involved up until this point. In addition, most judges are reluctant to prevent either parent from having a relationship with their child because the implication is that both parents, together, are best able to care for a child. As a result, any parent seeking sole custody has to prove that he or she is best able to care for a child, with or without the assistance of the other parent.

In addition, from a judge’s standpoint, parents should not be trashing one another during a child custody hearing. Instead, the parent seeking sole custody should focus on proving that he or she is the better parent without attacking his or her counterpart. When seeking sole custody, one should focus on the physical and psychological well-being of the child. Physical well-being includes your child’s routine, sleeping habits, eating schedule and activities. Judges tend to notice parents who encourage a healthy lifestyle. The factors of psychological well-being may include making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child’s the ongoing relationship with the other parent. Whether hoping for sole custody or joint custody, the legal team at Canterbury Law Group in Scottsdale can effectively represent you. Contact us today to schedule your initial consultation.

Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Family Law, Sole Child Custody
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Child Custody Factors in Arizona

When a divorce involves children, Scottsdale-based Canterbury Law Group fights aggressively to protect the children’s’ future and well being. In fact, we are known for securing the most sensible child arrangements possible at the lowest expense. We first attempt to collaborate with both parents and related experts to design practical provisions for successful co-parenting and child support schedules.

In the event that mutual settlement of these issues is not possible, our no-nonsense litigators will prepare your case with diligence and the utmost attention to detail. Arizona law requires that the best interest of the child be the lead consideration above any other when allocating child custody. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent. This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent by competent and admissible evidence.

Arizona family courts determine custody based on the best interests of the child, taking into consideration a great deal of details including:

  • The child’s age
  • The child’s wishes
  • Each parent’s wishes
  • The child’s adjustment to home, school and community
  • Any history of domestic violence or child abuse by either parent
  • Whether the parents have provided primary care of the child
  • The mental and physical health of all individuals involved
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a meaningful and substantial relationship with the other parent.

If you are thinking about filing for divorce in Scottsdale or Phoenix, call us today to schedule your consultation. Sometimes the best offense in a case is a well positioned, and thought our strategy which is completed weeks or months in advance of formally filing the case.

Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce attorneys Scottsdale, Family Law
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Written by Canterbury Law Group

Scottsdale Family Law

The attorneys at Canterbury Law Group have vast experience in Scottsdale family law and divorce. Family law issues can be extremely difficult and the end results can be life altering both emotionally and financially for the children and adults involved, so we are dedicated to providing clients with a skilled and passionate legal team when dealing with divorce and other family law disputes. An Arizona divorce can be a very complicated process, which is why you need an attorney from Canterbury Law Group. From filing the petition or responding to a petition until the final hearing, our expert team will prepare an aggressive and thorough case for your Scottsdale divorce.

Canterbury Law Group handles all types of family law matters including:

  • Divorce & Legal Separation
  • Child Custody & Parenting Time
  • Paternity Issues
  • Child & Spousal Support
  • Orders of Protection
  • Emergency Orders
  • Modifications
  • Decree Enforcement
  • Appeals
  • Grandparent Visitation
  • Non-Parent Custody Rights
  • Relocation & Custody Issues
  • Multi-State Legal Representation

When children are involved in your Phoenix family law case, the outcome is even more crucial. Do not waste any of your precious time and efforts. Be sure to begin this legal process with your trusted Scottsdale legal team at Canterbury Law Group. Call us today to schedule your consultation.

Appeals, Child Custody & Parenting Time, Divorce & Legal Separation, Family Law
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