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Written by Canterbury Law Group

Prenups in Scottsdale

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

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

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

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

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

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Restraining Orders and Orders of Protection in Scottsdale

Survivors of domestic violence have several civil and criminal options to protect themselves from further abuse. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection in Scottsdale and restraining orders in Scottsdale.

Our attorneys operate in many areas of family law, including helping clients obtain a restraining order in Scottsdale. If you’re considering getting legal help, here are common questions you might ask.

1. What is a restraining order? A restraining order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

2. Who can get a restraining order? A victim of domestic violence can obtain a restraining order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.

3. What does a restraining order do? If you are a victim of domestic violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do.

  • The abuser can be ordered not to have any contact with you, in person or by phone, text or emails at home, work, or almost anywhere you ask the court to put in the order.
  • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
  • Except in unusual situations, the court may grant you custody of your minor children. In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, let the judge know.
  • In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney’s fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.
  • The judge may order the abuser to receive professional domestic violence counseling.
  • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business so that you are protected by the police during any necessary contact.
  • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.

If you need an order of protection in Scottsdale Arizona, Canterbury Law Group can help you. Contact us today to schedule a consultation. 480-744-7711.

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Common Questions When One Spouse Files Bankruptcy

The Scottsdale bankruptcy attorneys at Canterbury Law Group represent debtors, creditors, trustees and committees in both personal and commercial bankruptcies. Bankruptcy law provides for the reduction or elimination of certain debts, and can provide a timeline for the repayment of non-dischargeable debts. It also permits individuals and organizations to repay secured debts with more favorable terms to the borrower.

The Phoenix bankruptcy lawyers at Canterbury represent many clients through personal bankruptcy cases. If you’re married and considering filing bankruptcy, here are common questions that often arise:

1. Do I Have to File Bankruptcy with My Spouse? If only one partner in a marriage owes debt, then only that partner should file for bankruptcy. Debts where spouses are jointly and severally liable for payment will remain with the spouse who has not filed for bankruptcy. However, in states that follow community property law, single spouse bankruptcy for joint debts may in some situations be advantageous.

2. Can I File for Bankruptcy without My Spouse’s Knowledge? Legally and in theory, yes, it would be possible for one spouse to file for bankruptcy without the other partner ever finding out. However, Chapter 7 bankruptcy uses income as a test for eligibility and utilizes income garnishment as a means of settling debt. The non-filing spouse will certainly notice if his or her paychecks are being collected by the bankruptcy court for debt repayment. Even outside Chapter 7 bankruptcy though, there are plenty of other ways for a spouse to discover his or her partner’s financial situation. Our Scottsdale bankruptcy lawyers suggest that hiding bankruptcy is only a temporary solution at best and is not healthy to any marriage nor recommended.

3. Will My Credit or Property Be Affected If My Spouse Files Bankruptcy? In general, one spouse filing for bankruptcy will not affect the other spouse’s financial situation, including the other spouse’s credit rating. A debt is created by contract between a debtor and a creditor – each debtor must sign the contract to be liable for payment. Therefore, the bankruptcy of one spouse does not cause the other to become bankrupt.

4. Does Single Spouse Bankruptcy Change the Nature of Joint Debts? Under Chapter 7 bankruptcy, when a spouse’s debts are wiped clean, the creditor can go after the other spouse. However, a major advantage of Chapter 13 bankruptcy, where the debtor plans to re-pay her debts, is that the creditor will leave the co-debtor alone, as long as bankruptcy plan payments are timely deposited.

5. Are There Any Exceptions? While the bankruptcy of one spouse does not generally affect the other, there are some notable exceptions. For example, the bankruptcy of one’s spouse may show up on the other’s credit report if joint debt is involved – a contentious area of the law. Also, if applying for a joint loan in the future, the bankruptcy of one spouse will affect the creditworthiness of the applying couple.

If you’re considering filing bankruptcy, the Phoenix bankruptcy attorneys can help you. Contact us today to schedule a consultation. 480-744-7711.

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Order of Protection Used to Stop Domestic Violence

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

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

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

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

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

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Tips When Filing Chapter 7 Bankruptcy

The most common form of bankruptcy in the United States is Chapter 7. At Canterbury Law Group, we constantly work with clients to file Chapter 7, which allows individuals to extinguish all debts which are “dischargeable” under the Bankruptcy Code. In a Chapter 7, all of the debtor’s non-exempt assets on the petition date are liquidated through the priorities set forth in the bankruptcy code. At the time of filing, the bankruptcy code establishes the creation of your “debtor’s estate” which includes all “non-exempt assets.” As a Debtor you have various duties and obligations, including significant duties of co-operation, which are owed to the Bankruptcy Trustee. These obligations are designed to assist the Trustee in the administration of your bankruptcy estate.

The Scottsdale bankruptcy lawyers at Canterbury Law Group will counsel you regarding these duties, which if followed, will make your case run smoothly. Unfortunately, many debtors who are not fully informed of these obligations run the risk of not receiving a full discharge of some or all or their debt. If you’re thinking of filing Chapter 7, here are some recommendations from our lawyers:

1. Complete the Mandatory Credit Counseling – Before you can file chapter 7 bankruptcy, it is essential to complete credit counseling. It is a mandatory step before you can file and often requires paying a fee. Otherwise, your filing will not be allowed to continue.

2. File All Chapter 7 Paperwork – Complete and file all necessary paperwork in court. Make sure all of your paperwork is accurate. Determine any fees associated with your filing.

3. Meet With Your Creditors – Approximately one month after filing the petition, you will need to meet with your creditors, an arrangement made by the court. During this important meeting, your creditors will question you regarding your finances and property. Typically this meeting involves only a few people connected with the credit card companies to whom you owe your debt. Your lawyer can certainly be present to aid you through this process.

4. Attend the Personal Financial Management Instruction Course – In addition to your credit counseling course, a personal financial management course generally costs about $30 and is necessary for completing your filing of chapter 7. If you skip the money management course, you risk dismissal of your case.

Having a trusted legal team on your side is critical during bankruptcy. Call Canterbury Law Group today to schedule your consultation. 480-744-7711.

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Legal Trends in Divorce

Divorce has been around for centuries, but it is by no means a stagnant concept. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so. The family attorneys at Canterbury Law Group are on the forefront of these evolving divorce trends.

1. Decreasing Marriage Rate – Less Divorces – Contrary to popular belief; the divorce rate in the United States is declining. After peaking in 1980 with 22.6 divorces per 1,000 married women, aged 15 and older in the U.S., the rate has been going down ever since. In 2009, there were 16.9 divorces per 1,000 married women. However, what’s really happening is that there are fewer marriages overall as more couples are choosing to live together instead of get married. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

2. Increase in “Grey divorce” – Although the overall divorce rate is declining, the 50+ age group is seeing a dramatic rise in marital breaks. According to the National Center for Family and Marriage Research, which coined the term, “the divorce rate among adults ages 50 and older doubled between 1990 and 2010.” In fact, one in four people getting divorced today is 50 or older. The growing phenomenon even has a name to describe it: “the grey divorce revolution.” One possible explanation for the increase in divorce in older couples is the fact that there are simply so many baby boomers out there. Another factor could be that second and subsequent marriages have a higher divorce rate than first marriages—and those who have had several marriages are often older in general.

3. Mandatory Divorce Classes – While state laws vary greatly regarding divorce from no-fault provisions to “cooling off” waiting periods, nearly all states now offer courses or seminars to divorcing couples, especially those with children, according to the Association of Family and Conciliation Courts. In many states, attendance is mandatory before a court will grant the divorce of parents in particular. Such classes may include meetings with a therapist, watching videos, or role-playing.

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. Delay may result in limiting your options. Every situation is unique and the Scottsdale attorneys at Canterbury Law Group are well equipped to provide you with the tools to make the best decision that suits your particular situation.

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Understanding Orders of Protections and Restraining Orders

The family law attorneys at Canterbury Law Group have extensive knowledge on protective orders and restraining orders. If you’re in need of legal protection, there are some details you need to understand before moving forward.

Orders of protection and restraining orders are two options for people being threatened with imminent injury or who are being physically abused. The two orders are similar in whom they protect but are also different in how long they are good for and the penalties for violation.

Orders of Protection – A court issues orders of protection to victims of domestic violence. Orders demand that an abuser stop threatening, stalking or physically assaulting the victim. Orders often demand that an abuser also stops contacting the victim in any form, including in person, by phone or by e-mail. Orders of protection are in force for at least one year, but can be extended for longer durations as the court sees fit. Orders of protection can be renewed upon request to the court. Parties seeking to overturn or “quash” the orders have a right to a live evidentiary hearing within 10 days of filing their objections to the court.

Restraining Orders – A restraining order is issued by a court to protect someone from threats or physical abuse. Restraining orders are different from orders of protection because restraining orders can also include provisions for property, child support, spousal maintenance and child custody when these are issues arising during a divorce or separation. Restraining orders are good for a fixed period of time set by the court, determined on a case by case basis, usually at least six months, but sometimes for several years. Extensions are available, but must be requested and approved before the initial orders expire.

Cost – No filing fees are charged for orders of protection and restraining orders. Additionally, because these orders are important to victims’ safety, the government bears the cost for serving the orders on abusers.

Penalties for Violation – The main difference between restraining orders and orders of protection is the penalties for violation. If an abuser violates a restraining order, he or she will only face a civil contempt allegation and may be required to pay a fine. However, if an abuser violates a protective order, criminal charges can be filed by the local prosecuting attorney, ranging from a misdemeanor to a felony, depending upon the circumstances of the violation and the number of violations already against the abuser.

If you’re being threatened or abused, there is a legal solution. In contrast, if you have been wrongfully charged or accused with false allegations of harmful abuse, we can also help quash the orders. Contact the team at Canterbury Law Group to begin the process today. Time is usually of the essence in these matters.

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Criminal Conduct May Lead to Losing Marital Property

Arizona, California, Idaho, Louisiana, Texas, Nevada, New Mexico and Washington are community property states, meaning assets acquired during the marriage are typically divided equally when a couple divorces. However, this is commonly misinterpreted in that both parties must be awarded 50/50 on all community property and debts acquired during the marriage. This is not necessarily the case.

“Arizona divorce judges have the unfettered discretion to “equitably” allocate the martial estate as the judge deems warranted in any divorce case brought before him or her,” says Craig Cherney of Canterbury Law Group.

A recent case in New York is making headlines because the judge found that the husband’s criminal misconduct against the wife was sufficiently egregious to justify stripping him of all rights to the martial estate and awarding 100% of the property to the victim (wife.) “The same can happen in your case, if there is egregious or criminal conduct by one spouse against the other,” says Craig Cherney.

More About the Case at Hand

A man serving 40 years in state prison for raping his wife is not entitled to share her pension or any other marital asset in their divorce, a Brooklyn judge has determined.

State Supreme Court Justice Jeffrey Sunshine said the 2011 rape and other acts of violence and abuse by “Terrance T.” represent a rare instance where “egregious conduct” by one spouse toward another exempts the offending spouse from receiving any share of assets under equitable distribution.
Sunshine wrote that in a “civilized society,” the behavior of Terrance T. must be considered a bar under state Domestic Relations Law §236(B)(5) and §236(B)(6) to his receiving any marital assets from wife “Alice M.”

“The plaintiff, despite all she endured, compounded by the defendant’s steadfast attempt to interfere in her desire to move on, has displayed both courage and perseverance beyond what any human being should have to endure, and so is noted by this court,” Sunshine wrote in Alice M. v. Terrance T., 2015 NY Slip Op 51913(U).

To read more visit http://www.newyorklawjournal.com/id=1202746302596/Judge-Denies-Inmates-Bid-for-Marital-Assets-in-Divorce#ixzz3wsqARTwU

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Requirements for Obtaining a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group frequently represent clients when obtaining or defending restraining orders. If you are contemplating obtaining a restraining order, your situation must fit the criteria listed below. It is also important to note that a judge cannot give you a restraining order solely for threats, rude behavior, verbal or emotional abuse or damaged property unless you were in fear that you were about to be physically injured.

  • Age. You are at least 18 years old, or you are younger than 18 but the person who abused you is 18 or older. You are (or were) married to that person, or 2) you have been in a sexual relationship with that person. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order even if the person who asked for it does not want it extended.
  • Relationship. The person who abused you is: 1) your husband, wife or domestic partner; or 2) your former husband, wife or domestic partner; or 3) an adult with whom you are living (or did live) in a sexual relationship; or 4) an adult with whom you have been in a sexual relationship in the last two years; or 5) an adult related to you by blood, marriage (caution: legal marriage in this context is distinct from co-habitation) or adoption; or 6) the parent of your child.
  • What is meant by “abuse”? If in the last 180 days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force. (Note that any time period in which the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180-day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.)
  • Ongoing Danger. You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.

The legal team at Canterbury Law Group can help you navigate the legal procedures for your restraining order. Alternatively, if you have been served with a restraining order against you, we can help you invoke your right to an evidentiary hearing to have the order quashed. Contact us today to schedule your consultation. 480-744-7711.

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Same Sex Divorce in Arizona

The Scottsdale divorce attorneys at Canterbury Law Group can help same sex couples navigate divorce. Whether you are considering filing for an Arizona same sex 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.

Same sex marriage in Arizona means that lesbian and gay couples are guarded by identical benefits as heterosexual married couples. In fact, gay couples have the legal right to obtain a divorce in Arizona and attain the same protections and responsibilities under the state’s domestic relations laws for division of property and debt as heterosexuals, including Arizona community property laws. Arizona’s community property system is designed to provide a more fair distribution of assets and debts at divorce, including the possibility of spousal maintenance.

One unique issue for lesbian and gay couples is determining the length of the marriage, which can be crucial for calculating spousal maintenance and / or the division of retirement benefits. For example, a couple may have entered into a civil union in State A, later received a domestic partnership designation in State B, and finally gotten married in State C. In a situation like this, the questions become: When did the marriage begin, and where? Ultimately, the first date and place where they had a valid marriage is the legal date which will be used.

Currently, the LGBTQ community is still waiting for legal clarity on custody issues in divorce, which includes child custody and adoption. Sometimes there are children of a prior heterosexual relationship that one of the parties brings to the marriage. Other times the couple decides to have their own child or children, using options such as sperm donors or donor egg and surrogacy if the couple is male.
Contrary to popular belief, a non-biological parent does not automatically gain the status of a legal parent merely by virtue of being married at the time of the birth. Neither, unfortunately, does Arizona currently have a provision for adding a second mother or second father to a child’s birth certificate, which can be important for some legal purposes as well as genealogy or simply personal satisfaction. They also would have no rights regarding caring for the child or children should the other parent die or otherwise be incapacitated.

However, now that same sex marriage is recognized in Arizona and throughout the country, a step-parent adoption proceeding is an option to address this problem. For more on these issues, consider Canterbury Law Group in Scottsdale, AZ as your go-to legal problem solvers. 480-744-7711.

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