Scottsdale Divorce Archives - Page 7 of 10

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Written by Canterbury Law Group

16 January 2017

Child Custody Tips for the New Year

During the New Year, many parents strive to improve child custody situations. As authorities in Scottsdale child custody, the lawyers at Canterbury Law Group can offer suggestions to help ensure your success:

Be Actively Involved – Make sure you are able to demonstrate that you are significantly involved in your child’s life by taking an active role in the care, development, and discipline of your child. If the child is young, participate in feeding, bathing, walking, reading, napping and medical care. As they grow older, take part in their educational development and extracurricular activities. Get to know your children’s teachers, doctors, counselors, and coaches. Your ability to demonstrate the extent and quality of time with your child prior to and post separation is critical. If the other parent is interfering with your involvement, document your attempts and the resistance that you are receiving.

Establish a Physical Custody Schedule – If you live separately from the other parent, it is critical that you negotiate a physical custody schedule that accurately represents your long-term goal of shared parenting, ideally before a custody petition or court complaint has been filed. If you currently have a visitation agreement, make every effort not to miss any of your scheduled time.

Promote Involvement of the other Parent – Show that you encourage the contact and active involvement between your child and the other parent. Unless clear evidence shows the child is in danger while in their care, the Family Court will frown upon your interference with the child’s relationship to their other parent.

Provide a Healthy, Stable Environment – Present a safe, nurturing and stable environment. Demonstrate that you provide a healthy environment by maintaining a steady, clutter free home with a bedroom for your child and a safe play space. Provide regular, nutritious meals and keep a record of your grocery receipts. Get those kids to bed early and to school on time.

If you need assistance with your custody or joint parenting plan, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the New Year is enjoyable for all.

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Written by Canterbury Law Group

11 January 2017

Tips if Divorce Is Your Resolution in the New Year

If you are considering filing for divorce in the near future, you are not alone. The month of January has long been marked down in the calendars of family law attorneys, including the Scottsdale divorce lawyers at Canterbury Law Group, as “Divorce Month.” In fact, many firms see an increase in the number of consultations upwards of 30 percent beginning the Monday after New Year’s.

While contributing factors vary, the fact remains that many couples will begin this year with a resolution to end their marriage. No matter the reason, there are many things that anyone looking into divorce for the first time needs to know that will help them get through the process smoothly while protecting their rights:

1. Do not move out of the marital home – If you wish to keep yourself in a good position to obtain a fair custody arrangement and also want to mitigate potential financial burdens, do not pack up and move out of the marital home. This is one of the top mistakes that many spouses continue to make, and it can start you off at a disadvantage out of the gate.

2. Research divorce laws for your specific state – There are very few, if any at all, states that have identical laws regarding the various aspects of divorce. You will want to do plenty of research over areas that you know may come up if you and your spouse decide to split specific to your local jurisdiction.

3. Set up a consultation with an attorney – Even if you aren’t certain you will need to retain an attorney or that you will even end up filing for divorce at all, it is a really good idea to meet with an expert familiar with your state’s divorce laws. Many attorneys and firms offer initial consultations, though even when there is a charge, it is well worth the fee to get accurate information you can trust as you plan your next move.
If you’re looking for a Scottsdale divorce attorney and / or family law attorney, contact us today. Any delay can affect your future and the wellbeing of you and your children.

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Written by Canterbury Law Group

22 December 2016

Technology Used in Shared Custody

The Scottsdale custody attorneys at Canterbury Law Group have seen firsthand that technology is an invaluable tool for parents dealing with shared custody. In fact, it has become so commonplace in divorce arrangements that technology has even become part of the formal legal process, a development that both divorce lawyers and judges applaud.

Here are some technologies that are being applied to custody cases to help ensure success:

Email and Text Messages – E-mail and texting alone have practically revolutionized post-divorce family relationships. Sending a message can be a great option for communication amongst co-parents, especially for couples who may not yet feel comfortable with the divorce or separation. Necessary information can be relayed to the other party with the ability to review the message before sending it, something that talking face-to-face communication does not offer.

Cell Phones – Parents are often required to buy a cell phone for their child, and call times are recorded to ensure an adequate amount of time is spent talking to each parent. In addition, with a parent calling children directly on their phone, there’s no possibility of a bitter intermediary exchange between parent and parent. It’s also important that parents identify rules associated with the phone, such as times it may be used and which parent is paying for the device, to eliminate any potential problems.

Video Chat – Many joint custody arrangements will stipulate weekly video chat sessions between parent and child while they are apart. Apple’s Facetime, Google’s Hangouts, and Skype are some of the more popular video chat options that are free and can be conveniently accessed on a smartphone. It’s often suggested to add these video chat sessions to the calendar so they’re accounted for.

Custody Communication Tools – When relationships weaken to the point of legal action, courts are now ordering ex-couples to work out their differences via technology. New online custody tools are emerging that have been specifically designed to regulate the communication between both parents. For example, online tool called Our Family Wizard has been utilized by Judges around the country. The program’s goals include easing custody matters and helping parents increase the opportunity to have a healthy and harmonious relationship not only with their child but also with their former spouse. With this program, lawyers supervise e-mail exchanges between the ex-couple, ensuring that each party responds to the other in a timely manner. All e-mails are time dated and tracked.

Interactive Online Calendars – Using online calendar programs can help parents keep up with the day-to-day activities of their children and as a way to keep track of visitation times. For example, 2Houses is an app that was created to help divorced parents schedule and better organize their children’s activities. One of the main features that the app offers is the Calendar, which enables everyone to view an online schedule to ensure that every family member is always on the same page.

If you’re looking for a Scottsdale divorce attorney and/or family law attorney contact us today. Any delay can affect your future and the well-being of your children.

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Written by Canterbury Law Group

14 December 2016

Obtaining Alimony in Arizona

In Arizona, alimony is still awarded in divorce cases. However, it is crucial to find a well versed Scottsdale divorce lawyer who can help you get what you deserve.

Alimony in Arizona is typically called “spousal maintenance.” When spouses separate, one person may be unable to pay for regular living expenses after the divorce is final, in which case a judge may require the higher earner—whether that is the husband or the wife—to assist the lower earner financially for at least some period of time.

To award spousal maintenance, a court must find that one spouse has the financial need and the other has the ability to pay after first paying their own personal expenses. An Arizona court may determine that need exists if one spouse:

does not have enough property—even after the marital distribution—to provide for their reasonable needs
contributed to the other spouse’s educational opportunities, or
is unable to be self-sufficient through appropriate employment post-divorce.

The courts will typically award alimony at a rate which usually ranges from 16% to 33% of the higher earning spouse’s gross monthly income for a term of years which is usually between 1/4 to 1/2 the duration of marriage. For example, if the husband has an income of $10,000 per month and the wife works part-time and earns $1,400 per month, the wife should expect $1,600 to $3,300 per month. A 10-year marriage would equate to 2.5 years to 5 years of spousal maintenance. Again, every case is fact specific and no result can be assured, but these ranges have been witnessed in many previous litigated cases.

Couples may enter into their own private agreements either waiving maintenance entirely or providing that neither will seek any changes to maintenance in court. Unless they make such an agreement or unless the final divorce order says otherwise, either spouse may request a court to modify or terminate periodic payments due to a substantial and continuing change in circumstances. Payments end when the term of an award expires, when the recipient spouse remarries or upon the death of the recipient spouse.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men in their Arizona spousal maintenance cases. To discuss your options in a Scottsdale divorce, call us today to schedule a consultation. 480-744-7711

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Regular Post

Written by Canterbury Law Group

6 December 2016

3 Reasons to Skip Mediation in Your Divorce

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another. Third, both parties should have an excellent understanding of the other party’s income and finances, and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No one is looking out for your interests – it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair. Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation can cost as much or more than a traditional divorce – People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation. Another, frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There is no guarantee you will settle your case in mediation – If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse. If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

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Regular Post

Written by Canterbury Law Group

29 November 2016

Gray Divorce After 50: The Increasing Importance of a Spouse Finding Employment

At Canterbury Law Group, the lawyers work with leading industry professionals in the Valley and beyond. Not only do we help our clients form impactful relationships that assist in their continued success after case resolution, but The Firm stays abreast of all matters that impact our client’s legal matters before, during and after the case is resolved.

Emerging trends have recognized that Americans aged 50+ and older are getting divorced at a higher rate than younger people. This trend, coupled with increasing life expectancy is leading to more emphasis being placed on the employment of dependent spouses to contribute to their income stream after a divorce.

People 50 and older comprised 25% of all Americans who got divorced in 2014, up from 8% in 1990, according to the National Center for Family and Marriage Research. Those who quit their marriage late in life can substantially reduce their standard of living and sacrifice their retirement security due to a number of factors. It’s a lot more expensive to live in separate households, and when retirement savings must be divided. Both spouses’ income sources need to be maximized before and after retirement when a divorce occurs.

One Arizona expert witness, Bradford H. Taft, MBA, CMF, SPHR, SHRM-SCP, CFLC, Managing Director of Taft Vocational Experts and Chief Career Strategist of Taft Career Group, has provided valuable information for adults choosing to divorce later in life both during and after a case has resolved.

The traditional role of a divorce vocational expert is to evaluate a spouse’s earning capacity, conduct a labor market analysis, and opine on a spouse’s employability and earning capacity for consideration in determining spousal maintenance and/or child support. By providing these analyses and conclusions, vocational experts play a valuable role in the divorce process.

Vocational evaluators who have a strong understanding of the career transition process including how to plan and implement effective job search campaigns, post-divorce, can bring a high level of efficiency in helping a spouse find a new job. This is especially valuable to a spouse who has been out of the job market for an extended period of time and needs to locate employment as soon as possible. No parent or spouse wants to start over—however, a seasoned vocational expert witness can help bridge that gap.

Here are three steps from Taft Vocational Experts to planning and implementing a “Job Search Campaign” that a vocational expert can assist with:

1. Career Assessment and Objective Setting – In the vocational evaluation during divorce proceedings, an expert gathers information and then evaluates a spouse’s education, interests, skills, knowledge, and experience to determine what career options are the best fit. Then they conduct a labor market analysis to assess the likelihood that an individual can get a job, and what they can expect to earn, both immediately and in the long-term. By continuing to work with the individual to focus on career objectives that match their talents and interests, a vocational expert helps the individual to effectively concentrate on a realistic career direction.

2. Written and Verbal Communication – Once the career objective has been established, it’s time to write a resume along with creating other communication tools to broadcast one’s talents and interests to the job market. A vocational expert can help the job seeker create a strong message that shows how their talents can contribute to the success of organizations.

Verbal communications include brief (30 and 60 second) personal branding statements to effectively introduce themselves in networking situations. Preparing for job interviews includes anticipating what questions a prospective employer will ask as well as creating a list of questions that the candidate wants to ask the employer.

3. Effective Sources of Job Leads – After career objectives have been set and communications tools have been developed, the job seeker is ready to use a number of sources to identify job leads. Surveys show that networking to develop referrals into perspective employers is still the best way to find a new career opportunity, so specific emphasis is placed on how to identify referral sources, develop relationships and get introduced to hiring managers. The Internet has revolutionized the job search process, so learning how to use it effectively to research companies, support networking strategies, identify job postings, and submit applications is also important.

By following through to support a spouse in planning and developing an effective job search campaign, the vocational expert can assume an expanded role in ensuring a positive outcome to the divorce process.

If you or a friend are contemplating divorce or going through a divorce case now, consider our lawyers and staff as your top resource to help you garner your best results in such a challenging life transition. Email the firm today at [email protected] or call 480-744-7711 for a complimentary consultation.

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Regular Post

Written by Canterbury Law Group

11 November 2016

4 Child Custody Tips to Incorporate Into The Holiday Season

A key driver of any divorce with children, after the dust settles, is a court enforceable joint parenting plan. Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a written plan and court order that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.

At Canterbury Law Group, the family law attorneys in Scottsdale have helped thousands of parents achieve mutually agreeable custody road maps, and help navigate the changes needed when children’s schedules fluctuate as they grow and mature. Here are some common ways that parents divide and share holiday time under the law:

Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row. For example, this year she gets Thanksgiving and next year he gets it.

Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day. However for longer holidays like Spring Break you can get the front 5 days and they get the other 5 days, and you reverse the time exchange the year after.

Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 20th and the other parent on the 25th. The following year would reverse the order. Younger children, in particular may not even notice!

Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year. For example, military spouses may want Veterans Day or Fourth of July every year and the other parent, in exchange would get Labor Day and Memorial Day every year.

The Scottsdale family law attorneys at Canterbury Law Group can help you keep the legal peace with your ex and enjoy a great vacation with your kids. If you need legal advice, call us today (480-744-7711) to schedule your consultation.

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Written by Canterbury Law Group

5 October 2016

Scottsdale Divorce Lawyers Look at Jolie – Pitt Divorce

Recently, the news of Angelina Jolie filing for divorce from Brad Pitt has made headlines around the globe. Together for twelve years and married for two years, this Hollywood couple had become known for their extra-large brood of children, international travels, worldwide philanthropy and being “Brangelina.”

Although the Scottsdale divorce lawyers at Canterbury Law Group have not worked with the couple, we can acknowledge some important factors in this upcoming divorce.

Community Property – Most states, except those listed as community property states, use the “common law” system of property ownership. In these states, it’s usually easy to tell which spouse owns what. If only your name is on the deed, registration document, or other title paper, it’s yours. If you live in a community property state, including both Arizona and California, the rules are more complicated. Generally, in community property states, money earned by either spouse during the marriage and all property bought with those earnings are considered community property that is owned equally by husband and wife. Therefore, both starlets may have to divide all assets they’ve acquired since being married.

Child Custody – When initially filing for divorce, Jolie asked for physical custody of the couple’s six children and asked that the judge give Pitt visitation. News sources have since reported that Jolie was granted full physical custody of the couple’s children. Pitt will reportedly have visitation rights, the first of which will be monitored by a therapist who then has the authority to allow or deny unmonitored visits. In addition, Pitt will have to submit to random drug and alcohol testing, as Jolie reportedly accused him of having a drinking problem. No matter what your divorce situation is, the transition can be exceptionally difficult on the children. It’s always suggested to try to compromise out of court to avoid tolling legislation with your children.

If you’re looking for a Scottsdale divorce attorney and / or family law attorney contact us today. Any delay can affect your future and the wellbeing of your children.

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Regular Post

Written by Canterbury Law Group

31 August 2016

Scottsdale Family Attorneys at Canterbury Law Group

The Scottsdale family attorneys at Canterbury Law Group handle all types of Phoenix and Scottsdale family law matters including divorce, child custody, paternity, prenuptial agreements, postnuptial agreements, spousal maintenance, Decree enforcement, child relocation, father’s rights, mother’s rights and grandparents’ rights.

If you are not sure whether or not you need a family law attorney in Scottsdale, here is an outline of what our lawyers can likely help you with:

Divorce – Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Every situation is unique and our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation.
Prenups/Postnups – Prenuptial and postnuptial agreements can be smart financial planning tools for all marriages but are especially common in second and third marriages, for business owners and/or when one partner has a large inheritance (received or expected in the future
Father’s Rights – Our attorneys are experienced in helping Fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona.
Child Custody – Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.
Alimony – Spousal maintenance is where one spouse pays the other spouse monthly support payments for a defined term of months or years after the divorce is final to help the less wealthy spouse transition to the next phase of their life and ideally for them to be come self-sufficient.
Paternity – When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. Get your court orders now, while the child is young—do not wait until later.
Relocation – Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed laws which outline specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
Grandparents – Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. These rights cannot be pursued unless at least one parent is dead or the parents are divorced.

Ultimately, we realize that hiring a Scottsdale family attorney can be a challenging task. Call the lawyers at Canterbury Law Group today to schedule you consultation. 480-744-7711

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Written by Canterbury Law Group

24 August 2016

Important Factors on Bankruptcy Help in Scottsdale

If your financial struggles are becoming overwhelming and the future looks bleak, there are a few things you need to know before filing for bankruptcy.

1. There is No Shame in Filing – If you are considering bankruptcy but your feelings about what type of person you would be to file are stopping you, it’s time to get over it! These days, people from all walks of life file for bankruptcy. You should feel no shame in wanting to solve your financial struggles and get your life back in order. The stigma is in avoiding the problems, hiding from creditors, and not facing the facts – it’s time to fix your finances and turn a new corner.

2. You May Be Able to Keep Your Home – Arizona has well known homestead exemptions that allow you to keep your primary residence. Being forced out of your home is not a reason to avoid filing bankruptcy. The likelihood of losing your home is much greater if you do not file. A Scottsdale bankruptcy attorney can help you make bankruptcy choices that in most cases may permit you to maintain ownership of your home even after your bankruptcy concludes. And in this day and age when so many homeowners are underwater on their mortgage, the likelihood of your home not being included in your bankruptcy is even greater.

3. Bankruptcy is an Investment – If you feel as if you are sinking financially, now is the time to contact a Scottsdale bankruptcy attorney. He or she can help you assess your current situation and get a handle on where you are headed. This will give you some time to save up the money you need to file for bankruptcy before it is too late.

Canterbury Law Group is uniquely qualified to represent clients in the most sophisticated personal and business bankruptcy cases. The range of services we provide depends on an individual’s or a company’s unique situation. Call us today to schedule a consultation. 480-240-0400 or [email protected]

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