Regular Post
Written by Canterbury Law Group

Grandparent Rights in Arizona

Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.

In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.

How Can Grandparents Get Visitation Rights?

If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:

  • The child’s parents were never married.
  • The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
  • The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced and have been for at least three months.

If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

  • The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
  • For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
  • The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
  • The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:

  • The relationship the grandparent has with the child in historical terms
  • The reason that the grandparent is petitioning for visitation rights
  • Why the parents may have denied the grandparent visitation rights
  • The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
  • If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

Grandparent Rights in Arizona

Grandparents form an important part of extended families. In some families, grandparents are like another set of parents to children. Most grandparents care deeply for their grandchildren. If a child’s parents or guardians are failing in their duties, the grandparents might wish to step in and help.

In Arizona, grandparents can legally seek custody of grandchildren or visitation rights under the statutes A.R.S § 25-409. A grandparent must go to family court for these rights, and these petitions are carefully reviewed by a judge. The court decision will be based on what’s legally called the “best interests of the child.” Therefore, grandparents who want legal custody, visitation rights, or seek to adopt a grandchild should consult with Family Law help in Scottsdale.

How Can Grandparents Get Visitation Rights?

If a child’s parents deny the grandparents visitation rights under any circumstance, the grandparents can file a petition in court in Arizona. The court will consider the petition if the following conditions are true:

  • The child’s parents were never married.
  • The grandparent is the parent of a deceased or missing (for at least 3 months) parent of a child.
  • The petitioning grandparent is the parent of a non-custodial parent of a child, where the child’s parents are divorced, and have been for at least three months.

If the above conditions are not met, it’s unlikely the court will consider the petition. Exceptions may be granted in the case of extraordinary circumstances, such as abuse. These considerations fall under the child’s best interests category.

Eligibility of the Grandparent

Grandparents petitioning for custody are required to meet certain eligibility criteria as set by Arizona law. The requirements go as follows:

  • The child’s legal parents should be deceased, in the process of getting divorced or legally separated, or were never married
  • For the grandparent to get custody of a child, then remaining in the parent’s custody must be detrimental to the child’s well-being.
  • The grandparent must be able to be “in loco parentis” to the child, meaning that the grandparents will provide the same care and support as a parent.
  • The custody of the child should not have been decided in the previous year (exceptions are granted in cases where the child could be harmed).

If the above eligibility requirements are not met, then the petition will be dismissed.

How Does an Arizonian Court Determine the ‘Best Interests of the Child’?

Under Arizona law, a court must consider “all relevant factors” when determining the best interests of the child. In family law, there are actually five statutory factors that courts always consider when approving a petition. Here are those factors as follows:

  • The relationship the grandparent has with the child in historical terms
  • The reason that the grandparent is petitioning for visitation rights
  • Why the parents may have denied the grandparent visitation rights
  • The impact of visitation on the child’s life or activities if the court grants the grandparent visitation rights, depending on the amount of visitation the petitioner seeks
  • If a parent, or both, are deceased, the benefit grandparent’s visitation will have on other extended members of the family

When Can Grandparents Petition for Visitation Rights

Grandparents can go to the family court directly for visitation rights. If the parents are getting a divorce or are in the middle of a custody battle, then a grandparent can sometimes file the petition as part of the divorce or custody proceedings. Consult with a lawyer for more specifics on when to file.

Grandparents can also formally adopt a child, but these types of petitions are subject to a different set of laws. Your family lawyer will be able to assist you in explaining these laws.

All states have recognized grandparent visitation rights for decades. Grandparent rights ensure that children have access to the benefits of having grandparents in their lives. Grandparents may exercise their custody rights when the child’s parents are unable to care for their child

Grandparent Custody Requirements

Statutory provisions for child custody are usually less specific than grandparent visitation. First, courts must consider the parent-child relationship with each parent.

If either or both parents are alive, courts in most states will presume that the parents of the child should retain custody. The court will always put the best interests of the child first. Ultimately, the court prioritizes the safety and well-being of the child.

The court will consider several different factors to make this decision. For example, the court might consider the child’s wishes if the child is old enough. The court will look at the physical health and mental health of each parent. They will also consider any history of domestic violence or substance abuse.

If the court finds one is an unfit parent, they might terminate their parental rights. This typically only happens when there has been severe abuse and neglect of the child and the parent has been given ample opportunity to change the situation. They might lose legal or physical custody of the child. The court also might order the parent who does not have primary physical custody to pay child support through a court order.

Grandparents must generally prove the parent is unfit to convince the court to award custody to them. It’s generally very difficult for a grandparent to get custody of their grandchild against the parent’s wishes. Other non-parents and family members might also petition the court for custody of a child.

Grandparent Visitation Requirements

Grandparents generally have to meet certain conditions before they can be granted court-ordered visitation. In a majority of states, courts must consider the marital status of the biological parents. Then, the court will evaluate the relevant factors to determine if visitation is appropriate.

Some states consider marital status only when the parents deny visitation rights to the grandparents. In other states, marital status is a factor if the grandchild has lived with the grandparents for a specific duration.

A minority of states require that at least one parent is deceased before a court can award visitation to the parent of the deceased parent of the child. For example, the court may award a maternal grandparent in one of these states with visitation only if the mother of the child is deceased.

In every state, grandparents must prove that granting visitation to the grandchild is in the best interest of the child. Several states also require that the court consider the grandparent-child relationship. They might also consider the effect of grandparental visitation on the relationship between the parent and child. They will also consider the possibility of harm to the grandchild if visitation is not allowed.

Effect of Adoption on Grandparent Visitation Rights

State statutes vary in their treatment of cases in which a grandchild has been adopted. In several states, adoption by anyone—including a stepparent or another grandparent—terminates the visitation rights of the grandparent.

In some states, adoption by a stepparent or another grandparent does not terminate visitation rights, but adoption by anyone else terminates visitation rights. In other states, adoption does not affect the visitation rights of grandparents as long as other statutory requirements are met.

Learn More About Your Rights as a Grandparent From an Attorney

Most grandparents would give anything to spend more time with their grandchildren. But family relationships can get complicated. Most state laws recognize the rights of individuals to visit with their grandchildren.

Find out how this could impact your family by talking to an experienced family law attorney. An attorney can provide valuable legal advice about your situation. Lawyers can help with child custody cases, resolve custody disputes, and represent you in family court.

Family Law, Family Law Attorney, Scottsdale Divorce, Scottsdale family attorneys
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Regular Post
Written by Canterbury Law Group

Physical Custody

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There are various forms of custody. After a divorce or legal separation, a child’s living arrangements are referred to as physical custody. It’s crucial that both parents are aware of what these phrases represent and how their custody agreement may be used to impose obligations on them.

Depending on the situation, different agreements will be made for child custody and parental rights. Prior to a custody dispute, parents should be aware of the different types of custody.

The physical custody of a kid is described in general terms in the paragraphs that follow. In the broader context of custody disputes, it also analyzes what physical custody entails.

How Does Physical Custody Work?

The legal and practical obligation of a parent or guardian to give a kid a home is referred to as physical custody. It is frequently decided in family court as a component of a custody dispute. A custody agreement or court decree specifying the parameters of custody may be used for this.

The child’s everyday residence is referred to as having physical custody. It involves making choices on the child’s daily schedule and upbringing, including food, clothing, and bedtime. The court has the discretion to award sole physical custody to one parent. Physical custody may also be shared by both parents. Legal custody is distinct from physical custody.

Legal custody is the authority to make crucial choices regarding a child’s upbringing. Decisions about extracurricular activities, healthcare, and education may fall within this category. A single parent may also be given sole legal custody by the court. Joint legal custody is another option when both parents share custody.

The Child’s Best Interest Standard

The child’s best interests will ultimately take precedence when deciding who will have primary custody of your child. This is the fundamental principle when considering custody arrangements.

This criteria is used by the courts to decide what arrangement will best serve the needs and interests of the kid. The courts will take into account things like domestic violence and drug abuse. When deciding on legal and physical custody, they will also take into account each parent’s capacity to make important choices for the kid.

Schedules for custody and visitation will also be outlined in the parenting plan. The custody arrangement is used to calculate child support. Every child custody dispute is framed by the best interests of the kid criteria. It is utilized to make sure that the welfare of the child comes first.

Right to visitation

The majority of contemporary custody agreements favor joint custody between the parents. This holds true unless one parent is deemed “unfit.” A parent is referred to as “custodial” if they have primary physical custody. The “non-custodial” parent is the other parent. They might be given visitation (sometimes known as “parenting time”) rights.

Some states also provide grandparents certain visitation privileges.

Solitary Custody

But occasionally, the court will grant sole custody to one parent. A parent who is granted sole custody of a kid has the child’s sole physical and legal custody.

Only when the other parent is deemed unsuitable or incapable of raising the child does the court normally grant sole possession. Abuse, drug addiction, and criminal activity are a few examples. The court might provide the other parent some visitation if one parent had sole custody, but it would be far more restricted than in a shared legal/physical custody arrangement.

Do You Need Assistance With a Physical Custody Dispute? Get Legal Assistance Now

A decision about physical custody is usually problematic emotionally. An experienced lawyer will understand how to cooperate with the court to obtain the greatest result for your child. They may be able to offer you useful legal counsel relevant to your particular circumstance.

Find a family law attorney in your area who has experience resolving custody disputes by starting your search right away.

Speak With Our Guardianship Lawyers in Arizona

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Contact Canterbury Law Group today if you need an experienced child custody lawyer or guardianship lawyer in Phoenix or Scottsdale, Arizona to help with your case. Our experienced family law attorneys will work with you to achieve the best outcome for your situation. Call today for an initial consultation! 480-744-7711

Child Custody, Family Law, Family Law Attorney, Family Law help in Scottsdale
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Sole Custody

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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Joint Custody

When parents divorce or separate, they come across new legal jargon like “joint custody.” But what does that actually mean in a legal and practical sense?

In contrast to solo custody, where one parent has sole legal custody of their kid, joint custody involves both parents sharing these rights.

Depending on which parent has the child’s legal custody, either joint custody or solo custody may apply. Parents who share custody have equal say over important life choices for their children. Parents do not share these rights in single custody cases.

Joint custody arrangements and legal custody

It is crucial to mention legal custody in any conversation about child custody agreements. When a parent has legal custody, they are able to make important choices that will effect their child’s future. Major choices are frequently made in relation to extracurricular activities, health care, extracurricular schools, and religious instruction. However, other facets of your child’s life might also be considered to be such. When trying to ascertain the areas of your child’s life over which you possess decision-making authority in a joint custody arrangement, it is crucial to verify with your attorney regarding what technically qualifies as “major.”

Parents who share custody have an equal say in such important choices. You risk being found in contempt of court if you try to stop the other parent from taking part in this decision-making. Any custody agreement is joint only if there is an equal division of the legal authority to make such significant choices.

Every state has its own laws on the matter, and joint custody can take many different forms.

Official Language for Spending Time with Children

In the majority of states, time spent with your child when you share custody of them is formally known as “timesharing,” “parenting time,” or “visitation.” While many may refer to such a situation as having “joint physical custody,” the term is not legally recognized to describe features of visitation in custody situations where joint legal responsibility for important life decisions is allocated.

One Standard Arrangement for Custody
One popular form of joint custody is one in which both parents are entitled to an equal amount of time with their child while also sharing the responsibility for all significant life decisions for that child. In these arrangements, the child will live with each parent for a certain amount of time, and the parents will work together to make choices regarding the child’s welfare and upbringing in a manner akin to when they were married (legal custody).

Example: Mother and Father agree to jointly decide on all significant matters pertaining to the welfare and upbringing of the child (legal custody) and set up a timetable where the child spends one week at a time with each parent.

Additional Types of Joint Custody

There are further joint custody situations that parents can come upon. One involves equal physical contact with the child but unequal legal custody. This could imply that the child will only live with one parent while both parents agree to work together to make parenting decisions.

Example: Mother and Father agree to jointly resolve all significant matters pertaining to the welfare and raising of the child (legal custody), however the child will reside with Mother, with the Father being granted visitation rights. A parent who has visitation rights is allowed to spend a specific amount of time with their child.

There are several forms of joint custody. For instance, even though the child spends time with both parents on a rotating basis, one parent can be given the entire authority to decide on the child’s educational options.

Get Legal Assistance from a Professional in Your Child Custody Dispute

It can be advantageous to have a knowledgeable attorney defending and guiding you in a custody dispute. Whether you want shared custody or some other arrangement, a child custody lawyer can help you get the best outcome for you and your child. Get a jump start right now by getting in touch with a local child custody lawyer.

Child Custody & Parenting Time, Divorce & Legal Separation, Divorce Attorney, Family Law, Sole Child Custody
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10 Things To Do Before You File For Divorce and Realities of the Divorce Process

10 Things To Do Before You File For Divorce and Realities of the Divorce Process

Here are ten actions to take if you believe that your marriage is beyond repair and that divorce is inevitable.

Speak with a lawyer.

Find out what your legal obligations and rights are. Consider the scenario where you decide to relocate to your parents’ home with the kids while you wait for the divorce to be finalized. Moving in with your parents, even for a short time, could be a grave legal error.

Copies of documents.

Make copies of everything you can find by going through household files, including tax returns, bank statements, check registers, investment statements, retirement account statements, employee benefits manuals, life insurance policies, mortgage papers, financial statements, credit card statements, wills, Social Security statements, car titles, etc. It’s crucial to learn as much as you can about the company’s finances if your spouse runs a self-employed business. If you have financial information on your home computer, make copies of it.

List the belongings in the home and in the family.

The major possessions should be listed, including furniture, jewelry, art, appliances, and cars. Don’t forget to search your home’s storage spaces and your safe deposit box for valuables.

(Knowing all of the marital assets is crucial when it comes to dividing the property.)

Understand the household budget and costs.

Write down each monthly expense for utilities, a mortgage, and other living expenses as you go through your check register for the previous year, if you can. Keep track of the money you spend every day so you can figure out your monthly cash outlays as well.

Choose a family debt management strategy.

Determine the family debt, if any, and think about settling it before filing for divorce. One of the most challenging issues to settle during a divorce is how to divide the marital debt. When assessing debt, consider whether any of it was racked up by one spouse or the other before the wedding. The spouse who incurred it would be responsible for paying off this “non-marital debt,” which belongs to them.

Find out the exact salary of your spouse.

If your spouse receives a regular paycheck, it is simple to check a pay stub; however, if your spouse is self-employed, owns a business, or receives any portion of income in cash, you should try to keep track of the money coming in over the course of several months.

Analyze your earning potential in a realistic manner.

Perhaps you have been focusing solely on raising children while you have been out of the workforce for a while. Analyze your current employability and whether pursuing more education before getting divorced would be advantageous for you in the long run.

Look at your credit report.

If you don’t already have credit cards in your name, apply for them right away, use them, and build your credit. If you have a bad credit history, try to pay your creditors now so that you can raise your credit score before the divorce.

Make your own “nest egg” by yourself.

You ought to have access to your own money at all times. You will be responsible for paying bills if your spouse leaves and stops doing so until temporary support orders can be put in place. You will require funds for a retainer if you plan to initiate the divorce. Start putting money aside now, and when you have a sizeable nest egg of your own, consider starting divorce proceedings.

Prioritize spending time with your children.

Keep your kids’ schedules as regular as you can throughout the divorce process. If you and your partner can’t be with the kids together without fighting, schedule separate times for you both to be with them. Participate in your children’s school, sports, and extracurricular activities. Don’t speak poorly of your spouse in front of your kids. Put your kids first in everything you do.

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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Does it Matter Who Files for Divorce First?

It’s a strategic decision whether to file for divorce before your spouse does, and one you might be able to avoid if you can file an uncontested divorce.
Is it important who files for divorce first when it’s time to end your marriage? It may be able to: When it comes to deciding some issues in a divorce, the non-moving spouse (the spouse who does not file for divorce) may be at a disadvantage.

Why Is It Important to File for Divorce First?

One (or both—more on joint filing later) spouse must file a divorce petition with the court to begin the divorce process. The petitioner is typically referred to as the “petitioner,” while the non-filing spouse is referred to as the “respondent.”

If you know there’s no way to reconcile, filing first may provide you with some strategic advantages, such as:

The location of the court is your choice. The petitioner gets to choose the jurisdiction (place) for the divorce procedures as long as the petitioner follows state and municipal regulations about where a divorce can be filed. Many states have a residence requirement in place to prevent either spouse from filing for divorce in a state or county that favors one spouse over the other. In Michigan, for example, the filing spouse must have lived in the state for at least 180 days and in the filing county for at least 10 days before the court will consider the divorce petition. (Michigan Comp. Laws, Section 552.9 (2021)) If your spouse files first and lives 100 miles away, you’ll have to travel to their courtroom for any divorce-related matters, which will take more time and money than if you filed first in the court closest to you.

Control over the divorce’s progress. The spouse who files for divorce usually has a little more say in how quickly the divorce proceeds. By filing first, you’ve started the process at your leisure, while your husband is forced to answer according to the court’s schedule. You’ll then have time to plot your next move while your spouse is working on a response.

The opportunity to make a good first impression. The petitioner’s statement concerning the grounds (reasons) for the divorce is included in the original divorce filing. The claims in the petition will be the court’s first exposure to information about the case—and if you file first, it’s up to your spouse to change the court’s first impression.

The first chance to place a temporary order. Before notifying the other spouse of the initial divorce petition, the spouse who files first might seek the court for temporary orders. These orders may place restrictions on what each spouse can do with marital finances or property, provide protection for one spouse against the other, award temporary child custody, or provide temporary child or spousal support. Non-filing spouses will have the opportunity to respond to any requests for orders, but they must do so before or at the same time as their petition response. Non-filing spouses can’t get their own temporary orders until they’ve responded to the petition.

Furthermore, the petitioner will be the first spouse to submit their case at trial in many courts. Being the first to speak at a trial isn’t always advantageous: it allows the opposing side to hear your arguments and prepare a rebuttal.

Should I Hire a Lawyer?

In some circumstances, both spouses can come together and make difficult divorce-related decisions without the assistance of an attorney or going to court. There’s no need to hire an attorney if you know you won’t be able to work things out with your husband. However, you may wish to employ an attorney to assist you in negotiating with your spouse or his or her counsel.

Even if you opt to handle your divorce on your own, you can still seek legal advice. An attorney can assist you evaluate if filing first would be advantageous in your instance during a consultation.

Is it always the case that one spouse files first?

Depending on your state’s rules, you may be able to file a “joint” divorce petition (also known as an uncontested or collaborative divorce in some jurisdictions), which implies that both spouses agree to the divorce as well as all divorce-related matters. The couple drafts a divorce settlement agreement and attaches it to their petition. In many states, an uncontested divorce is more efficient than a contested divorce, saving time, money, and relationships.

The following details must be included in your divorce settlement agreement:

  • the reason for the divorce (grounds)
  • each spouse’s portion of the filing fees at the court
  • how you’ll split up your marriage assets and debts
  • whether one spouse will pay spousal support, and if so, how much and for how long

Which spouse will be the primary caregiver for any young children (custodial parent)?

  • a timetable for the non-custodial parent’s parenting time or visitation, and
  • the amount of child support to be paid by the non-custodial parent

In most states, the court will approve a divorce if both spouses agree to all of the terms in writing. When minor children are involved, the court may ask the judge to carefully scrutinize the terms before approving them. Nonetheless, the court will allow the custody and support arrangements as long as they are in the best interests of the children.

Mediation Can Assist You in Filing a No-Fault Divorce

Divorce mediation is one option to avoid the headache of deciding whether or not to file for divorce before your spouse. You and your spouse meet with a neutral professional mediator to resolve the issues in your divorce, either in person or online. You will have a written settlement agreement to present to the court at the conclusion of a successful divorce mediation, and you will be able to proceed with an uncontested divorce.

If either spouse disagrees with any of the divorce terms, the case becomes contested, and the pair must follow the state’s contested divorce procedures.

Divorce Attorney, Family Law, Family Law Attorney, Family Law help in Scottsdale
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Should I Try Mediation Before Divorce?

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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

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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]

Divorce Mediation, Family Law, Family Law Attorney
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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.

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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?

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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 divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial 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]

Divorce & Legal Separation, Divorce Attorney, Family Law
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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.

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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?

(480) 744-7711
INITIAL CONSULTATION

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 divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial 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.

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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?

(480) 744-7711
INITIAL CONSULTATION

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 divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial 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]

Divorce & Legal Separation, Divorce Attorney, Family Law
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