Written by Canterbury Law Group

Virtual Visitation

Virtual visitation, also known as electronic visitation or virtual parenting time, refers to the use of technology to facilitate communication and interaction between a non-custodial parent and their child. This method is particularly useful when physical visitation is not possible or practical due to distance, work schedules, health issues, or other constraints. Here are key aspects of virtual visitation:

Key Components of Virtual Visitation

  1. Technology Used:
    • Video Calls: Platforms like Skype, Zoom, FaceTime, and Google Meet allow for face-to-face interaction via video.
    • Phone Calls: Regular phone calls are a basic form of virtual visitation.
    • Text Messaging: Regular text messaging can help maintain daily communication.
    • Email: For longer, more detailed communication, sharing photos, and staying updated on events.
    • Social Media: Platforms like Facebook, Instagram, and other social networks can be used to share updates and stay connected.
    • Apps: There are specific apps designed for virtual visitation that provide secure communication and interactive features (e.g., OurFamilyWizard).
  2. Legal Recognition:
    • Court Orders: Virtual visitation can be included in custody agreements and court orders. It ensures that both parents have agreed to its use and establishes guidelines for frequency and duration.
    • State Laws: Some states have laws specifically recognizing and supporting virtual visitation. These laws ensure that virtual visitation is considered a legitimate form of maintaining parent-child relationships.
  3. Benefits:
    • Flexibility: Allows parents and children to connect despite geographical or logistical barriers.
    • Frequency: Can facilitate more frequent contact than traditional visitation schedules.
    • Emotional Bond: Helps maintain and strengthen the emotional bond between the non-custodial parent and the child.
    • Safety: Useful in situations where physical visitation might pose safety concerns (e.g., during a pandemic or if a parent is deployed).
  4. Challenges:
    • Technology Access: Requires access to reliable technology and internet connections for both parents and the child.
    • Technical Issues: Potential for technical difficulties that can interrupt communication.
    • Quality of Interaction: May not fully replace the benefits of in-person interaction, especially for younger children.
    • Scheduling Conflicts: Coordinating schedules for virtual visits can still be challenging.
  5. Best Practices:
    • Regular Schedule: Establish a regular schedule for virtual visits to provide consistency for the child.
    • Preparation: Ensure that both the technology and the environment are set up in advance to minimize interruptions.
    • Engagement: Engage in interactive activities during the virtual visit, such as reading together, playing online games, or helping with homework.
    • Respect: Both parents should respect the scheduled virtual visitation times and facilitate a positive experience for the child.

Virtual visitation is an effective tool for maintaining parent-child relationships when traditional in-person visitation is not feasible. By leveraging technology, non-custodial parents can stay connected with their children and participate in their lives more actively. Legal recognition and clear guidelines in custody agreements can help ensure that virtual visitation is used effectively and benefits all parties involved.

Many fathers assume they won’t have a fair trial when trying to obtain legal custody of their child. This is not true, although it is crucial to have experienced and trusted child custody help in Phoenix. The family law attorneys at Canterbury Law Group have years of experience recognizing and building formidable cases that will protect your interests and maximize your parenting time.

If you’re a father hoping for custody of your child, we have tips that may help you and your case:

1. Pay Child Support: A father who wants custody of a child should prioritize making regular child support payments. If he has an informal arrangement with the child’s mother, it is crucial to maintain records such as check receipts or a written letter from the child’s mother detailing the support arrangements. If a father is struggling with child support payments, he should request a modification rather than sacrificing a payment.

2. Maintain a Strong Relationship: Even if the child is not in the custody of the father, a relationship can still consistent. The dad should call the child frequently and check in on their day, schedule a time to stop by the child’s school and introduce himself to the administration and ensure the child knows that he’s there to offer any assistance necessary. A father who wants custody should also attend the child’s social, educational, religious and other important events as evidence of a continuing relationship with the child.

3. Keep Precise Records: A father should maintain an accurate visitation schedule record to help obtain child custody. A father can capture accurate visitation records by developing and maintaining a parenting plan.

4. Prepare a Space for Your Child At Home: A father should make a special place in his home for the child, regardless of the size of the home. A court will inquire about adequate living accommodations during all child custody hearings, so a father should be prepared to respond to the judge’s inquiry.

5. Consider Mediation: A father who wants custody of a child should consider mediation or arbitration, prior to undergoing an adversarial court hearing. In mediation or arbitration, cases are decided by a neutral third party. For a father, custody proceedings in a courtroom may be difficult to handle, so he may prefer the smaller, friendlier setting associated with mediation or arbitration.

Our legal team has extensive experience in child custody help in Scottsdale. We help fathers get fair and equitable treatment by the courts. Recent changes to Arizona law mandate that the court treat both mothers and fathers equally in the eyes of the law. If a man fears that his wife may leave and take the children, it is his obligation to ensure he takes steps needed to protect his role as the father. That may mean consulting an attorney before his wife has the opportunity to file for a divorce. The family law attorneys at Canterbury Law Group have significant expertise in father’s rights issues and can capably guide you through. Your children are counting on you to make the right decisions both before and after the divorce case has been filed.

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.

Written by Canterbury Law Group

What Is Divorce Good For

Most people who are thinking about getting a divorce are aware of what to expect. They have seen divorces in the movies and frequently have at least a few personal acquaintances who have gone through divorce. Even with this “second-hand” knowledge, going through your own divorce is one of the scariest things you can do in life.

You may be facing the end of one of your most important relationships ever, and on top of that, you have to start planning for unpleasant things like the division of assets and finding new housing. In many situations, there is also the sad possibility of losing daily contact with your children.

Divorce and predictability don’t mix. But if you go into your divorce with reasonable expectations, you’ll have the best chance of being happy with the outcome. As a result, it’s a good idea to be aware of what a divorce can and cannot achieve for you. What therefore is there to gain from divorce?

Real Estate Division

The marital property will be divided by the divorce court in the most reasonable manner. Most states will not include any property acquired before the marriage, by gift, or through inheritance in this divide.

This entails a 50/50 split of the property obtained by the partners during the marriage in some states (community property states). Other states (those without a community property system) will try to divide the property fairly by looking into the couple’s individual financial situations, the length of the marriage, the standard of living during that time, and other pertinent factors.

It is advisable to discuss the split of property with your soon-to-be ex-spouse because it is never predictable. Having legal representation will aid in the negotiation and settlement processes as well. For instance, you might decide that, while genuinely wanting to stay in the family home, you must continue running your business. As a result, you might decide to prioritize the business over the home. You can try to reach a mutually agreeable property division arrangement with your spouse in this way.

Assistance Obligations

The outcome of a divorce case can influence a couple’s support obligations. This may take the shape of spousal support and child support (also called “alimony”).

Although there may be some case-by-case variations, state law currently mainly determines how much child support must be paid. Slowly but surely, several states are working to enact laws that restrict deviance from the norm. Ordered custody arrangements may affect child support orders. In general, spousal support is heavily influenced by the specifics of each divorce and the financial situation of the separating couple. Therefore, it is once again challenging to anticipate a court’s final support decision.

Visitation and Custody of Children

When there are children between the parties, divorce can also help determine child custody, timesharing arrangements, and parenting schedules in addition to the division of assets. This is also everything but expected. The “best interests” of the child are supposedly promoted by a collection of considerations that courts frequently attempt to consider when making decisions, however these factors might differ from case to case and court to court.

Furthermore, during tense custody disputes, courts typically hear and see only the worst in people. In light of their constrained “view” of the parents’ lives, a divorce court might not necessarily decide on custody in the “optimal” way. Again, in this situation, bargaining and settlement are key choices to consider. A cooperative child custody arrangement will be advantageous to all parties engaged in the divorce, especially the kids.

Ensure Accurate and Equal Division

An exact or mathematically equal distribution of property and parenting time cannot be achieved through divorce. Since no two individuals, marriages, or divorces are alike. The judge who issues a divorce decree must choose wisely given the time and information at hand. You may need to make some concessions on some of your desires, and the choice may not always be the most just one that could have been made.

Divorce courts frequently need to make the most of bad situations. For instance, when one parent resides in Cheyenne, Wyoming, and the other in Kalamazoo, Michigan, a satisfactory custody agreement is impossible.

Maintain Good Relations

Even while a court can determine the terms of child custody and visitation, the judge will not always be present when it is time for one parent to pick up the children or send them to spend the weekend with the other parent. The court will not be present to watch that they don’t insult the other parent in front of the kids. A court order is ultimately simply a piece of paper. To carry out the provisions of the custody and visitation order, the parents must continue communicate with each other civilly.

Your obligation to your children does not end with your divorce. In the best interests of the kids, this duty also entails courteous communication with the other parent. When there is significant conflict between the parents, most courts will take whatever action they can, such as limiting in-person interactions wherever possible. Examples of this include arranging for parents to pick up or drop off children at school or church so that they won’t have to interact with one another, or if a facility is available to handle exchanges when domestic violence is present.

Keep Your Current Standard of Living

You should also be aware that a divorce court cannot raise your pay in order to stop a decline in your standard of living after a divorce. Unfortunately, maintaining two separate residences is simply more expensive than living together and splitting costs with another person. Your level of life will alter after a divorce, and the court can do very little, if anything, to prevent this.

Fix Emotional Problems

Finally, a court will not be able to hold your ex-spouse accountable or ethically defend you for all the wrongdoings that took place during your marriage. Additionally, the divorce procedure won’t make your emotional wounds better or even eliminate the need for you to grieve the broken relationship. Although you can get help from therapists and support groups, that is your responsibility.

Written by Canterbury Law Group

Military Divorce

While military divorces are not more complicated than civilian divorces, there are particular divorce procedures and requirements that apply to U.S. service members and their spouses. These differences may pertain to support payment compliance, service of process, residency or filing requirements, or the distribution of military pensions. The following is an outline of the laws that govern the divorce of U.S. servicemen and women.

Military Marriage Statutes

Both state and federal laws govern military divorce. For instance, federal rules may govern where divorcing spouses end up in court or how military pensions are shared, whereas state laws may govern the issuance of alimony and spousal support. The exact state laws applicable to a divorce depend on the state in which the divorce is filed.

Jurisdiction

Before a court may award military members or their wives a divorce, it must have “jurisdiction,” or the authority to hear the case. Generally, a person’s place of residence determines the court’s jurisdiction over them. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else.

Residency, Filing Requirements, and Proceedings Stays

Numerous states have decreased or removed the residency requirement in military divorces, allowing service personnel or their wives to petition for divorce in the state where they are stationed, even if they are not legal citizens.

In general, military members and their wives can petition for divorce in one of three states:

  • The state of residence of the filing spouse
  • State in which the service man is stationed.
  • The state in which a service member asserts legal residency

The reasons for divorce, including property division, child custody, and child support, are defined by the state where the divorce is filed. As a result, the specific conditions of a divorce will change based on that particular state’s laws.

It is important to note that active-duty service members have certain protections against court proceedings. Under the Servicemembers Civil Relief Act (SCRA), for instance, service members are protected from default judgment and can apply for a “stay” — a temporary halt — of any civil action, including child custody proceedings, initiated against them during active duty or within 90 days of their release from active duty.

This stay is in place so that service members can devote their time and attention to defending the nation while still being subject to court orders or verdicts while they are unable to appear in court. If a servicemember desires a delay that continues beyond 90 days, he or she may petition the court to grant it, but the court has the discretion to grant or deny any additional extensions.

Pensions and Military Benefits

Like civilian retirement benefits, military pensions are subject to distribution between spouses in the case of divorce. Depending on the jurisdiction, the Uniformed Services Former Spouses’ Protection Act (USFSPA) permits state courts to recognize military retirement money as either sole or communal property. While the USFSPA does not specify a method for distributing retired pay, the amount is often established and distributed in accordance with state regulations.

In addition, the Defense Finance and Accounting Service (DFAS) pays the former spouse’s portion of military retirement immediately if there were at least 10 years of marriage and 10 years of military service overlap (known as the 10/10 rule).

However, regardless of the length of the marriage, a court may sanction an offset payment to a military spouse who has been married for less than 10 years. In such a case, payment would come from the retiring spouse, not DFAS.

In addition to pension benefits, spouses of former military personnel are eligible for full medical, commissary, and exchange privileges following a military divorce if they meet the following criteria:

  • The couple was married for 20 years or more
  • At least 20 years of service are credited toward the service member’s retirement compensation.
  • There was at least a 15 year overlap between marriage and military duty

Matrimony and Child Support

There are particular restrictions regarding spousal maintenance (alimony) and child support in the military. The purpose of these regulations is to ensure that a service member’s family support obligations continue after a divorce or separation.

A court may enforce spousal and child support obligations in a number of ways, including by:

  • Court-order
  • Garnishment
  • Willful or Unwilling Allotment
  • A court may also mandate the paying spouse to retain life insurance to cover child or spousal support payments for a predetermined amount of time.

Consult a Lawyer Regarding Your Military Divorce

Because a military divorce needs understanding of laws that do not apply to civilian divorces, it is prudent to consult with a divorce attorney who has experience handling military divorce matters. An expert, local divorce attorney can assist you understand the many laws that may apply to your situation, your rights as member of the armed forces, and more.

Written by Canterbury Law Group

Divorce And Business Ownership

Eric and Ariel reached the terrible choice to divorce after 19 years of marriage. Ariel’s profession of collecting and selling various collectibles began before their marriage. However, now that she is getting a divorce, she is concerned about the future of her business. Will it be divided between her and Eric, or does she retain sole ownership as she owned it before to their marriage? Well, it depends.

A business will be evaluated as an asset in the case of a divorce. Whether it will be shared depends, among other things, on state rules, whether the business is considered marital property, and whether a prenuptial agreement is in existence. Learn more about divorce and company ownership by reading on.

Define Conjugal Property

The key determinant of whether an enterprise is subject to property division is whether it is classified as marital or separate property. The term “marital property” refers to the joint property of a married couple, which is more complicated than it may appear.

First, state rules influence the definition of marital property, which is typically community property or property susceptible to equitable division. Second, how the property is handled and even what happens to it throughout a marriage might influence how it is finally classified.

Community Property versus Equitable Distribution in Business Ownership upon Divorce

A divorcing couple must first establish whether they reside in a community property state or an equitable distribution jurisdiction. In states with community property, practically all property acquired during a marriage is considered joint property, while property owned prior to the marriage is considered separate. Obviously, the law is seldom straightforward, thus exceptions exist. Gifts and inheritances received by one spouse during a marriage are regarded separate property; however, combining them with communal property can alter their status.

In states with equitable distribution, the partition of property is less easy because a judge decides how it should be shared. Obviously, state laws establish specific standards about how property should be split. Additionally, the concept of equitable distribution is that property is divided “fairly” but not necessarily evenly.

When Is a Business Marital Property In the Context of Divorce?

The business will be considered marital property if the couples are co-owners. However, this is not the only method in which a business might be considered marital property. If a business was established after the marriage, it is likely to be regarded marital property.

Sometimes, businesses created by one spouse prior to marriage are not considered marital property. However, this is not always the case. For instance, if the non-owner spouse made contributions to the firm throughout the marriage, it may still be considered marital property. It is vital to remember that “contributed” can refer not just to direct contributions of time to the business, but also to caring for the home while the business owner ran the company.

Using a prenuptial agreement to safeguard business ownership

A prenuptial agreement is the greatest approach to ensure that a business is not subject to property division in the event of a divorce. Occasionally, a spouse may start a business after the wedding, in which case it would be impossible to include it in a prenuptial agreement. However, it is possible to obtain a postnuptial agreement to define business ownership, which is similar to a prenuptial agreement except that it is executed after the couple is married.

Written by Canterbury Law Group

Inheritance and Divorce

Learn whether a court can divide your inheritance in a divorce.

Not necessarily. For purpose of divorce, the law usually categorizes property as either “marital” or “separate.” As a general rule, marital property is subject to division between the spouses; separate property isn’t. This is true whether you live in a “community property” state (like California), which divides property on a 50-50 basis, or an “equitable distribution” state (like New Jersey), which apportions property based on what the court believes is fair under the circumstances.

Is My Spouse Entitled to My Inheritance in Divorce?

That depends on a number of factors, including where you live. Each state’s divorce laws will govern how to address inheritance, in community property states and equitable distribution states as well.

In the overwhelming majority states, an inheritance is considered separate property, belonging exclusively to the spouse who received it and it cannot be divided in a divorce. That holds true whether a spouse received the inheritance before or during the marriage. But in a state like New Hampshire, for example, courts may consider an inheritance to be divisible in a divorce (unless you can persuade a judge that it shouldn’t be).

Now here’s the rub—although your state may initially view an inheritance as separate property, your actions can change it into marital property. Sometimes that happens intentionally in what is called a “transmutation of property.”

An example of an intentional transmutation of property from separate to marital is where a spouse inherits a house, then puts the other spouse’s name on the deed. The spouses move in and share the costs of living there. In that scenario, if a divorce rolls around, the inheriting spouse would be hard pressed to convince a judge that the house was never intended to be marital property.

But let’s say the inheriting spouse never puts the other spouse’s name on the deed, and neither spouse lives in the house during the marriage. At some point down the road, however, the non-owner spouse contributes to improvements which increase the house’s value. At the time of divorce, a judge might determine that—although the house itself may not be marital property—the increase in value specifically due to the improvements is a part of the marital estate, and thus subject to division between the spouses.

The most common example of converting an inheritance to marital property is when the inheriting spouse “commingles” (mixes) the inheritance with marital assets. This can be intentional, but often it happens by mistake. For example, Uncle Zeke passes on and leaves you $10,000 in his will. After you and your spouse break out the bubbly and toast the kindly gentleman, you put the money in an existing savings account that’s in both your names, and which either of you can access at will. If you did that because you wanted to share the inheritance money with your spouse . . . great! Mission accomplished.

But if you thought that putting that money in the joint account was just for convenience, and that it would always remain yours alone, you may have put yourself behind the proverbial eight-ball. By commingling the inheritance with marital funds, you’ve likely converted it into marital property. You can make an argument to the court that this was never your intention, but you’ll have an uphill climb.

Can I Claim My Ex’s Inheritance Received After Divorce?

Sharing a spouse’s inheritance after divorce is a nonstarter, unless your divorce judgment specifically addresses that topic.

That said, there is a situation where an ex-spouse’s post-divorce inheritance could come into play. If you’re receiving spousal support (alimony) or child support, you might be able to petition the court to increase the support amount, based on that inheritance or any interest income the principal is making.

Courts usually allow modification of support—both up and down—for a variety of reasons, such as a job loss, a spouse or child becoming disabled, or a spouse’s substantial pay increase (again, depending on the laws in your state).

You’d first have to see whether your state views an inheritance as a potential basis for a modification request. If it does, you may have viable grounds to seek an increase in support. Of course, this is going to depend in large measure on how significant the inheritance is. Your best bet for success is when the inheritance has substantially enhanced your ex-spouse’s standard of living.

 

Written by Canterbury Law Group

Different Types of Separation

What does the term “separated” mean? Discover the distinctions between trial separation, permanent separation, and legal separation.

When it comes to marriage, separation is not synonymous with divorce—even if you have a court-ordered “judgment of separation.” Separation is when you live apart from your spouse but remain legally married until you obtain a divorce judgment. While a separation does not terminate your marriage, it does affect your financial obligations to your spouse until the divorce is final.

Separation is classified into three types: trial, permanent, and legal. In the majority of states, only one of the three (legal separation) alters your legal status—but all three have the potential to impair your legal rights.

Separation of Trials

If you and your spouse feel the need for a break from the relationship, one option is to live apart while deciding whether to divorce—a process known as “trial separation.” Legally, little changes during a trial separation—all applicable marital property laws remain in effect. For instance, a court will consider the money you earn and the items you purchase during the trial separation to be property acquired by a married person. This frequently means that you and your spouse jointly own the property (depending on your state’s property ownership laws).

If you and your spouse separate but intend to reconcile, it’s a good idea to write an informal agreement outlining the separation rules. For instance, your trial separation agreement may address the following:

  • whether you’re going to continue sharing a joint bank account or credit cards.
  • how you intend to budget your expenditures
  • who will continue to reside in the family home
  • how you intend to split expenses, and
  • If you have children, discuss how and when you will spend time with them.
  • If you decide to divorce, you may be able to use this trial separation agreement as a template for a marital settlement agreement.
  • If you and your spouse agree that reconciliation is impossible, your trial separation becomes permanent.

Permanent Distancing

If you live apart from your spouse with no intention of reconciling but are not divorced, the law considers you to be permanently separated.

How Separation from Your Spouse Affects Your Rights

Depending on the local law, a permanent separation may alter the property rights of spouses. For instance, in some states, assets and debts acquired during a permanent separation are considered to belong exclusively to the spouse who acquired them. Once a couple is permanently divorced, each spouse assumes sole responsibility for any debts incurred. Similarly, spouses who divorce permanently lose their right to any property or income acquired by the other.

Why Does the Date of Final Divorce Matter?

Due to the fact that spouses’ rights to each other’s property and obligations to pay debts change significantly as of the date of a permanent separation, spouses frequently argue bitterly about the precise date of their permanent separation. For instance, if your spouse left in a huff and spent a month sleeping on a friend’s couch, but you did not discuss divorce until after the month passed, the date the separation became permanent may be unclear. That means that if your spouse earned a sizable bonus at work during that month, you may be able to argue that you are entitled to a portion of the bonus.

If you move out of the house and do not anticipate a long-term reconciliation with your spouse, reconsider going out or spending the night together just for the sake of old times. If you reconcile briefly, you risk changing the date of separation and becoming financially responsible for your spouse during a time when you believed you were solely responsible for your own.

After you have legally separated from your spouse and reached basic agreements regarding your joint assets and debts, you are not required to divorce immediately. You may choose to remain married for a variety of reasons, including avoiding disruption of your children’s lives or retaining insurance coverage. Or, in some cases, preserving the status quo is simply more convenient than pursuing a divorce. On the other hand, you may decide to divorce as soon as the paperwork is finalized, or when the required separation or waiting period in your state expires.

Is Separation Required Prior to Divorce in My State?

Certain states’ laws require spouses to separate before a divorce can be finalized. State laws governing required separations vary in detail—for example, many states require spouses to live “separately and apart” for a specified period of time before the court will accept a divorce petition (formal request), while others do not require separation until after the petition is filed. If you file before meeting the requirements for separation, the court may dismiss your case. Other states may require spouses to live apart during the divorce process.

Written by Canterbury Law Group

Wanting to Be a Lawyer? These Qualities Will Help You

With every job, certain traits and qualities will help you succeed. Whether it be schooling, training, or having a natural position ability, the more merits you possess that are specific to your job, the better you can be.

A lawyer is no exception to this. There is more to just knowing the rules of law to be a successful lawyer. Your divorce attorney in Scottsdale has some advice for those who are wanting to become a lawyer.

Excellent Communication Skills

A lawyer must be able to deliver high-level communications. Good lawyers are also excellent listeners. Part of the job will be to stand up for your client, sometimes speaking for them. Public speaking skills will help aide any time you are in front of a judge, jury, or entire courtroom.

Your communication skills do not stop at verbal communication. Being able to clearly and persuasively write will be a strong asset too. There will come moments when you must draft challenging legal documents. Those documents must be as concise and easy to read.

Research Skills

There will be a lot of research happening behind the scenes before you really begin moving forward with your client. Why? Because you should know the ins and outs of the entire situation, including past examples from old cases.

The more research you can do, the better it will be for your legal clients. Having good research skills will help this process go quicker and smoother, and ensure you are getting accurate and concise information.

People Skills

No matter how much you excelled at school, you need to have people skills to be a successful lawyer. Your job revolves around people’s day to day lives. You may have to speak on behalf of a client, be face to face with the opposition, or just having to stand up in front of a large crowd.  Having good people skills will benefit you as a lawyer.

Problem-Solving Skills

Having excellent problem-solving skills is vital for a lawyer. There will come moments when you may need to be creative in finding a solution or the answer you need. Being able to think on your feet and quickly assess a situation and find a solution will be critical for a lawyer.

Perseverance

A good lawyer sticks with it until the end, no matter what, even if it ends up being a losing battle. The job can get exhausting after a while, but a successful lawyer is in it for the long haul.

Written by Canterbury Law Group

Prenups are in Higher Demand Among Millennials

Millennials are a lot more likely than their parents to require a prenuptial agreement prior to walking down the aisle. This generation also has fewer qualms about getting a prenuptial than their parents’ generation, according to the latest survey data from the American Academy of Matrimonial Lawyers (“AAML”). The AAML found that more than half of attorneys polled recently said that more millennials have requested prenuptial agreements. Only a small 2 percent of lawyers said that they had seen a decrease in millennial prenups.

A Rising Trend

Unlike their baby boom parents, millennials are less likely to view marriage through rose-colored glasses. Millenials are getting married later in life on average compared to their parents. Not only are millennial soon-to-be-married couples older, they have also had time to accumulate significant assets that they will not want to lose in case of a subsequent divorce.

Interestingly enough, it’s the millennial women who are driving the rising trend among would-be spouses demanding prenups. In the past, a prenup involved an often-wealthy groom asking the bride-to-be to sign an agreement. Prenups were more common among families with money, but now individual wealth can be the deciding factor.  This is particularly true in technology and startup companies where one spouse-to-be has accumulated significant stock and stock options prior to marriage.

What Millennials Want to Protect with Prenups

It was the norm for prenups to once protect inherited wealth. Not anymore, at least not significantly with the millennial generation. What millennials want to protect the most with a prenup is intellectual property, according to Bloomberg. Rather than protecting the family farm against a divorce, millennial spouses want to protect software, apps, songs, films, or screenplays. Interestingly, most of these assets are not even in existence when the couple gets married. What millennials really want is to protect future assets, especially creative ideas, from divorce proceedings.

Millennials included in the AAML survey responded that the most common reason for getting a prenup is the “protection of separate property.” The other two factors that mattered the most were spousal support or alimony and the division of property.

After intellectual property, millennial couples also increasingly include real estate holdings in the agreements. The “millennial prenups” are rather new. However, millennials can specifically request a prenup agreement that includes potential assets from a divorce attorney in Scottsdale.

Taking Stigma Away from Prenups

As millennials start requesting more prenups from their partners, the stigma surrounding such agreements could soon largely disappear. It used to be that couples didn’t want to discuss assets before getting hitched. It’s possible that millennials are learning from the mistakes of their parents, who were more likely to divorce than their own parents. Perhaps getting married later in life makes couples cognizant that not all marriages last a lifetime, but sometimes only a decade, or less.  Moreover, for couples who do not have children, the property disposition during a divorce can be even more important.

However, millennials do not need to worry about divorces like their parents did. The divorce rates are actually in decline nationally. It’s definitely a sign of changing times, or rather, being aware of the facts when getting married.

Many experts do agree that prenuptial agreements in general can be healthy for couples getting married. These agreements can protect individuals against acrimonious and expensive divorce proceedings later in life.  It set’s the couple’s mutual expectations early in the marriage, and no illusions are in place about what happens years later in the event of divorce.

Written by Canterbury Law Group

Covenant Marriages and Divorces in Arizona

Arizona offers two types of marriages for residents. There’s the standard marriage that a good majority of residents get into. The state offers another form of marriage called covenant marriages. These covenant marriages are different in their legal nature. Unlike with the regular marriages, spouses also need to meet different requirements to later get a divorce. This article will briefly explain what covenant marriages in Arizona are, and how to get a divorce under the laws governing this type of marriage.

What is a Covenant Marriage in Arizona?

A covenant marriage is defined as a marriage between a man and a woman in Arizona. This category is available as an option for those who wish to get married and is not a replacement option for the standard type of marriage offered in the state. However in covenant marriages, the two parties enter into the marriage only after signing a written legal declaration stating the intention to enter into a covenant marriage and that they have satisfied certain requirements through premarital counseling provided by a member of the clergy or a licensed marriage counselor.

The legal statement is binding on both parties and strict rules govern how the spouses in a covenant marriage can later get a divorce. Unlike with regular marriages, where separating spouses are not required to cite the reasons for wanting a divorce, separating spouses in a covenant marriage do. Those entering covenant marriages should expect to stay highly committed because legal separation or divorce can be difficult to later achieve.

Dissolution of a Covenant Marriage

The specific reasons under which a court may grant a divorce for a covenant marriage are listed in Arizona Revised Statutes Sections 25-901 to 25-906. There are actually only eight scenarios that legally satisfies valid grounds for an Arizona divorce in a covenant marriage:

  • Cheating or infidelity;
  • One spouse abuses drugs, alcohol or another addictive substance;
  • The other spouse has committed a serious crime that could result in a life sentence or the death penalty;
  • One spouse has abandoned the family and has not been home for at least a year;
  • One of the spouses have committed a sex crime, mainly sexual assault, against a related person;
  • The spouses have been living separately for at least two years and do not intend to live together again;
  • The spouses are legally separated (different from divorce) and have been for at least a year;
  • Both spouses strongly want a divorce.

The courts do not grant divorces in covenant marriages unless the parties specifically qualify for relief under any of the above listed statutory mandates.

Getting a Divorce in a Covenant Marriage and Child Custody

Because divorces under covenant marriages are granted under very specific qualifying specifications, separating spouses must get Family Law help in Scottsdale. The proceedings can be complicated if the spousal dispute includes the custody of children and if there are complex debt or property issues involved. Furthermore, prenuptial or postnuptial contract agreements could further complicate things.

If you are in a covenant marriage, it is not impossible to get a divorce. Consult with a qualified lawyer who specializes in covenant marriages

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