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Written by Canterbury Law Group

Community Property

Community property issues can arise during divorce proceedings and after a spouse's death. When spouses divorce or pass away, they are frequently left with the arduous task of dividing property and proceeds acquired during the marriage. This may include tangible assets (such as stocks, bonds, and legal title), as well as intangible assets (such as automobiles, furniture, paintings, and family homes) and debt. In some states, property acquired during the marriage is considered "community" property and is frequently divided 50/50 in the event of a divorce. The manner in which states treat "community property," also known as "marital property," will determine what happens to debt or assets upon divorce. Common Property Statutes State laws govern community property, and not all states have such laws on the books. Community property laws in nine states (and Puerto Rico) govern the division of debt and property in a divorce. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are included in this group. In such states, property is typically divided equally, whereas in all other states, distribution is determined by a judge based on what is equitable or fair. Alaska is distinctive in that divorcing couples have options. Despite the fact that each state determines how property is divided upon divorce, the laws may vary slightly. For instance, some states, such as California, divide debts and assets "equally" (50/50), while others, such as Texas, divide them "equitably." Even in community property states, courts in jurisdictions that apply the equitable distribution doctrine consider numerous factors, some of which justify unequal distribution of property or debt. Because these laws affect property and other valuable assets, they can have a profound impact on the future of a spouse who is forced to share a portion of an asset that was previously considered separate property. In the absence of a prenuptial agreement between the parties, property distribution will be governed by the law of the state in which the couple was married. Compared to separate property, community property In most cases, property acquired during a marriage belongs to both partners. This is particularly true in states where community property laws exist. Despite the fact that not all states have such laws, property acquired during the duration of a marriage is distributed equally upon divorce. The following are examples of community property: Earnings of each spouse during the marriage Home and furnishings acquired with marital funds during the marriage (reword) Investments and operations of a company generate interest income. The mortgage and family home Separate property, on the other hand, is that which was owned prior to the marriage, was inherited or received as a gift during the marriage, or was earned after the date of separation by either spouse. These are examples of separate property: Bank accounts that are held independently Separately held inheritances acquired during a marriage presents to either partner Personal injury compensation Any property acquired after the dissolution of a marriage is considered separate property. Courts have also categorized certain properties as "partially" or "quasi" community property. This includes assets that would have been considered separate property at the beginning or during the marriage, but have become marital property as a result of co-mingling or other circumstances. Considerations a Judge Might Employ to Determine Property Division A judge may consider several factors when determining how to divide property acquired during the marriage. A judge will consider 1) the earning capacity of each spouse, 2) which parent is the legal custodian of the children (if any), and 3) the existence of fault grounds such as adultery or cruelty. Consequently, even in states with community property, property may not always be divided 50/50. Instead, courts will consider the following factors to determine whether an unequal property division is necessary: One spouse may receive a larger share of the marital assets if fault-based grounds for divorce exist (such as adultery, cruelty, etc.). Loss of Continuing Benefit: Whether one spouse will incur the loss of compensation they would have received had the marriage continued. Disparity of Earning Capabilities: Whether disparities exist between incomes, earning capacities, and business opportunities that may impact property division. Health and Physical Conditions: Whether the physical health or condition of the spouses may impact the property division. Age Disparities: Whether there is a disparity between the ages of the spouses that could affect one's ability to work or receive retirement benefits. The size of the estate can have an impact on the distribution of property. The larger the estate, the more likely the court is to favor a 50/50 split. The likelihood that one of the spouses will receive a substantial inheritance. Gifts to a Spouse: After a divorce, gifts are typically converted to separate property. A spouse who obtains primary custody of children under the age of 18 may affect the division of property. Consult with a Divorce Lawyer Concerning Community Property Legal issues surrounding a divorce can be overwhelming in number. Property matters, alimony, child custody, child support, division of retirement benefits accrued during the marriage, visitation rights, and other legal matters must all be handled with care. Finding the appropriate divorce attorney is crucial. Contact a local divorce attorney with experience in your area today.

Community property issues can arise during divorce proceedings and after a spouse’s death. When spouses divorce or pass away, they are frequently left with the arduous task of dividing property and proceeds acquired during the marriage. This may include tangible assets (such as stocks, bonds, and legal title), as well as intangible assets (such as automobiles, furniture, paintings, and family homes) and debt.

In some states, property acquired during the marriage is considered “community” property and is frequently divided 50/50 in the event of a divorce. The manner in which states treat “community property,” also known as “marital property,” will determine what happens to debt or assets upon divorce.

Common Property Statutes

State laws govern community property, and not all states have such laws on the books. Community property laws in nine states (and Puerto Rico) govern the division of debt and property in a divorce. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are included in this group. In such states, property is typically divided equally, whereas in all other states, distribution is determined by a judge based on what is equitable or fair.

Alaska is distinctive in that divorcing couples have options.

Despite the fact that each state determines how property is divided upon divorce, the laws may vary slightly. For instance, some states, such as California, divide debts and assets “equally” (50/50), while others, such as Texas, divide them “equitably.” Even in community property states, courts in jurisdictions that apply the equitable distribution doctrine consider numerous factors, some of which justify unequal distribution of property or debt.

Because these laws affect property and other valuable assets, they can have a profound impact on the future of a spouse who is forced to share a portion of an asset that was previously considered separate property. In the absence of a prenuptial agreement between the parties, property distribution will be governed by the law of the state in which the couple was married.

In most cases, property acquired during a marriage belongs to both partners. This is particularly true in states where community property laws exist. Despite the fact that not all states have such laws, property acquired during the duration of a marriage is distributed equally upon divorce.

The following are examples of community property:

Earnings of each spouse during the marriage

Home and furnishings acquired with marital funds during the marriage (reword)

Investments and operations of a company generate interest income.

The mortgage and family home

Separate property, on the other hand, is that which was owned prior to the marriage, was inherited or received as a gift during the marriage, or was earned after the date of separation by either spouse.

These are examples of separate property:

  • Bank accounts that are held independently
  • Separately held inheritances acquired during a marriage
  • presents to either partner
  • Personal injury compensation
  • Any property acquired after the dissolution of a marriage is considered separate property

Courts have also categorized certain properties as “partially” or “quasi” community property. This includes assets that would have been considered separate property at the beginning or during the marriage, but have become marital property as a result of co-mingling or other circumstances.

Considerations a Judge Might Employ to Determine Property Division

A judge may consider several factors when determining how to divide property acquired during the marriage. A judge will consider 1) the earning capacity of each spouse, 2) which parent is the legal custodian of the children (if any), and 3) the existence of fault grounds such as adultery or cruelty.

Consequently, even in states with community property, property may not always be divided 50/50. Instead, courts will consider the following factors to determine whether an unequal property division is necessary:

  • One spouse may receive a larger share of the marital assets if fault-based grounds for divorce exist (such as adultery, cruelty, etc.).
  • Loss of Continuing Benefit: Whether one spouse will incur the loss of compensation they would have received had the marriage continued.
  • Disparity of Earning Capabilities: Whether disparities exist between incomes, earning capacities, and business opportunities that may impact property division.
  • Health and Physical Conditions: Whether the physical health or condition of the spouses may impact the property division.
  • Age Disparities: Whether there is a disparity between the ages of the spouses that could affect one’s ability to work or receive retirement benefits.
  • The size of the estate can have an impact on the distribution of property. The larger the estate, the more likely the court is to favor a 50/50 split.
  • The likelihood that one of the spouses will receive a substantial inheritance.
  • Gifts to a Spouse: After a divorce, gifts are typically converted to separate property.
  • A spouse who obtains primary custody of children under the age of 18 may affect the division of property.

Consult with a Divorce Lawyer Concerning Community Property

Legal issues surrounding a divorce can be overwhelming in number. Property matters, alimony, child custody, child support, division of retirement benefits accrued during the marriage, visitation rights, and other legal matters must all be handled with care. Finding the appropriate divorce attorney is crucial. Contact a local divorce attorney with experience in your area today.

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Written by Canterbury Law Group

Divorce Frequently Asked Questions & When Is The Right Time To File For Divorce

In Arizona, divorce refers to a legal “dissolution” of marriage. You will go through a procedure in court to formally end your marriage. If you are the one who goes to court for a divorce, you will be identified as the “petitioner.” The other spouse will be identified as the “respondent.” Divorce in Arizona is not the same as in other states. Here are some answers to common questions most people have about divorce in Arizona.

Can I File for Divorce Anytime?

Either you or your spouse must have resided in the state for a minimum of 90 days before filing for a divorce at a local Arizona court. That is a legal requirement.  If there are children, they must typically be in the state for 180 days to vest custody jurisdiction, depending on the facts of the case.

Do I Need a Divorce Attorney?

Technically, you can represent yourself in court. However, it is highly recommended to get your attorney from your local area, like a divorce attorney in Phoenix. If you choose to self-represent, the court will assume that you know all the laws and rules pertaining to your case. You will have to follow court procedures on your own. A judge may disallow you to take certain actions if you do not properly follow court procedure. No one at court will be able to give you legal aid because they are barred by law from doing so.

You can seek legal aid if you cannot afford an attorney for your divorce. You can also petition the court to have the spouse pay for your attorney’s fees if your spouse makes substantially more income than you do.  Every case is unique.  

Do I Need to Give a Reason for Divorce?

Not in Arizona. The state has a so-called “no fault” clause, which means neither party needs to give a reason for the divorce. Moreover, the romantic escapades of Husband or Wife will have no relevance in the underlying dissolution action.  The mere desire to get a divorce is enough. In the court, only one spouse needs to claim that the marriage is “irretrievably broken “to finalize a divorce. The only exception is if the spouses have previously chosen a “covenant marriage”. Then, the petitioning spouse must provide ground or reasons for the divorce under state law.

What are A.R.S. and A.R.F.L.P.?

You will see these acronyms in the papers your divorce lawyer in Scottsdale or elsewhere files. The letters stand for particular legal statutes, or laws, in Arizona. A.R.S. refers to Arizona Revised Statutes, and A.R.F.L.P. refers to Arizona Rules of Family Law Procedure. You can go to the Arizona court or state websites to get access to these legal documents and rules if needed.  Ideally, you simply hire counsel and let them do their job to advocate for your rights in the underlying divorce.

What Do I Do if My Spouse Doesn’t Want a Divorce?

Too bad.  It’s going to happen anyway.  In cases where a spouse is morally against the divorce from advancing, there is little they can do to stop the case.  At best, the objecting spouse can request the court order a mandatory reconciliation counseling session which typically only pauses the case for 30 to 60 days. If at the end of reconciliation session, the spouses have not come to an agreement to postpone the divorce, the proceedings will go forward. Conciliation meetings are free of charge and rarely derail a case.  

If you have children, then your proceedings will be subject to a wide range of family laws in Arizona. The legal aspects you should consider will depend on the type of custody you seek. For more information, you should contact an attorney in your area.  Your children are your most treasured asset and case strategy and approach to maximize your custody is critical and experienced legal counsel even more important in such instances.  

Divorce is frequently a lengthy and costly process. Court proceedings can take months to complete. Simultaneously, the spouses may not get along and may be going through a difficult emotional period.

Additionally, the spouses may be experiencing financial hardship as a result of the household income being split and the need to support two separate homes. Having a plan in place for when to leave a marriage can help a spouse minimize the financial impact of the divorce. The following are some of the financial factors to consider when planning an exit from a marriage:

Market for Real Estate

If the couple owns a home together, one of the most important factors to consider when deciding when to divorce is the state of the real estate market. To afford smaller, separate spaces, the spouses may have to sell the house and split the proceeds. In contrast, the spouses may agree that one of them should continue to live on the property while the other receives other marital assets to compensate for his or her equity share. This step is best taken when the value of the property is high for the spouse who will receive other property. The spouse who will remain in the home, on the other hand, may prefer to divorce when the real estate market is weak so that he or she will not have to give up as many valuables to the other spouse.

It’s All About the Kids

If the couple has minor children or children who will be financially impacted by the divorce, this is an important factor to consider. A divorce involving minor children is significantly more difficult than a divorce involving no minor children. Lawyers devote more time to preparing arguments about child custody. A parent may also be obligated to pay child support for many years to come. Some states allow child support obligations to continue after the child reaches the age of 18 and may even require financial support while the child attends college. However, getting a divorce while your children are older but still dependent has a financial advantage in that they may be eligible for student loans or grants that they would not have been eligible for in an intact family. Many of these programs only consider the income of the custodial parent when determining financial aid eligibility.

Job Situation

The spouses’ employment status is another important financial consideration. In an ideal world, spouses will divorce when they both earn enough money to support themselves. This, however, is not always the case. It’s possible that a spouse’s hours have recently been reduced. A spouse’s job may have been lost. A person’s job may have been lost due to a sudden illness. When a couple is going through financial difficulties, it’s common for them to have problems in their marriage as well. Waiting for both spouses to regain financial stability or realign their careers may be difficult, but it may be preferable, especially if one spouse is required to pay spousal support to an unemployed or underemployed spouse.

Due to the separation of the spouses and their finances, a divorce often necessitates a slew of changes. One or both spouses may need to purchase new homes, vehicles, or change jobs. The economy can have a direct impact on whether these changes are feasible. If a spouse has been out of work for a long time, it may be difficult for him or her to re-enter the workforce during a downturn.

Divorce can have a negative impact on a person’s credit score. After a divorce, if spouses have neglected their credit, it can have a negative impact on their lives. Good credit is frequently required to purchase a home, rent a property, open a credit card in one’s own name, and in some cases, to obtain employment. If the parties are in a happy place in their relationship even as they consider divorce, they may want to wait a year or two so that they can both work on improving their credit scores before adding the financial strains of divorce. Another option is to try to stay in the same house or drive the same car so that the spouse is not forced to rely on good credit right away.

Income and Assets in the Future

Another factor to consider when deciding on the best financial time to divorce is the possibility of future income or asset acquisition. When deciding how to divide assets between spouses, many states do not consider the future. If a bonus, raise, or inheritance is on the horizon, it may be in the best interests of the spouse who will receive these additional funds to have the divorce finalized before receiving these funds. The other spouse may wish to postpone the divorce until these additional funds are received and can be divided.

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Written by Canterbury Law Group

Top Reasons for Divorce

Before you consider divorce, be sure to speak to the Scottsdale divorce attorneys at Canterbury Law Group to discuss your case and options. A divorce lawyer can act as both a legal counselor and sounding board during this life-changing decision. Although there are many variables and unique reasons for divorce, we have included the statistically top reasons people file divorce in the U.S.

  • 1. Lack of communication. A successful relationship requires constant communication. Distance in a marriage is created quickly if you don’t share your feelings.
  • 2. Finances. If money becomes a consistent topic of disagreement, the road to divorce is almost inevitable.
  • 3. Feeling constrained. Some feel that marriage is holding them back from achieving goals and taking opportunities. If your partner can’t support your dreams, then they may not support the marriage.
  • 4. Trust. Trust is one of the leading factors in having a successful relationship and marriage. Your marriage is unlikely to survive if you do not trust your significant other.
  • 5. Expectations from each other. When expectations aren’t met, it can put a huge strain on the relationship.
  • 6. Your spouse doesn’t understand / fulfill your needs and desires. Everyone has different needs and wants. A successful partnership requires going the extra mile to fulfill a spouse’s needs and wants.
  • 7. Religious and cultural differences. Religious beliefs and cultural values can cause conflict, which affects the way you live your life and raise your children. This situation is often a deal breaker.

Consider the three most common reasons for divorce to determine whether or not your marriage can be saved.

Adultery or having an extramarital affair

When one person seeks fulfillment of their physical or sexual needs outside of the relationship, this can spell the end of the relationship. It’s extremely difficult to regain trust after a partner feels betrayed.

Extramarital affairs cause between 20% and 40% of marriages to fail and end in divorce. This is one of the most frequently occurring reasons for divorce. The reasons people cheat are not as black and white as our rage would have us believe.

Along with differences in sexual appetite and a lack of emotional intimacy, anger and resentment are frequently cited as underlying reasons for cheating.

Oftentimes, infidelity begins as an apparently innocent friendship. It begins as an emotional affair and develops into a physical one.

Infidelity is a leading cause of divorce. Apart from living apart for more than a year and subjecting your partner to cruelty, this is also one of the legal grounds for divorce (mental or physical).

Financial difficulties

Money makes people amusing, as the proverb goes, and it is true.

If a couple is not on the same page about how their finances will be handled, it can result in disastrous consequences.

Why is financial incompatibility a leading cause of divorce? According to divorce statistics, a “final straw” reason for divorce is a lack of financial compatibility, which accounts for nearly 41% of divorces.

Everything from divergent spending habits and financial goals to one spouse earning significantly more money than the other can wreak havoc on a marriage. Additionally, differences in the amount of money each partner brings to the marriage can result in power struggles between the couple.

Money has a profound effect on everything. It has an effect on people’s lives. Clearly, money and stress appear to be inextricably linked for many couples.

Financial difficulties are one of the leading causes of divorce, second only to infidelity as the primary reason for divorce.

Inadequate communication

Communication is critical in marriage, and an inability to communicate effectively and quickly results in resentment and frustration on both sides, negatively affecting all aspects of the marriage.

On the other hand, effective communication is the bedrock of a healthy marriage. When two people share a life together, they must be able to communicate their needs and understand and attempt to meet their partner’s.

Yelling at your spouse, not conversing enough throughout the day, and making derogatory remarks to express yourself are all unhealthy modes of communication that should be abandoned in a marriage.

Additionally, when couples stop communicating with one another, they can feel isolated and lonely and eventually lose interest in one another. This can result in the relationship’s demise.

Poor communication is one of the leading causes of divorce in 65 percent of cases.

While practicing mindful communication to correct age-old marriage mistakes can be challenging, the effort required to improve and save your relationship is well worth it.

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 our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation. Hit the ground running on your marital dissolution and consult with the legal professionals at www.canterburylawgroup.com or call 480-744-7711.

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Written by Canterbury Law Group

Arizona Breastfeeding Laws & Visitation Rights Breastfed Babies

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If you are searching for Arizona breastfeeding laws or visitation rights for breasfed babies, this article might help. A recent news article about a judge ordering a breastfeeding mother to switch to baby formula to facilitate visitation for the father has reinvigorated an old debate. In a custody hearing in Maine, a father petitioned that his visitation rights were being violated because the mother is still breastfeeding the child. The estranged couple has a six-month-old baby that the mother is still exclusively nursing. The father wants overnight visitation rights on the weekends, but the mother refused on the account that she needs to breastfeed the baby.

The mother claimed that she couldn’t pump enough breast milk to arrange bottle feeding the baby when the infant is the father. So she claimed that the baby should be with her on the weekends. The magistrate court disagreed.  In the custody hearing, the judge sided with the father and said that keeping the baby for breastfeeding is “not a reason to prevent [the father’s] visitation,” and it could be “considered deliberate alienation” of the father. The court recommended overnight visits that would have the baby fed formula milk.

There are some other details to the case, but the core argument involving nursing mothers’ and fathers’ visitation rights has been percolating for some time. Pediatricians recommend breastfeeding babies for up to 12 months. There’s ample scientific evidence to suggest that babies should be breastfed to ensure their health and psychological well-being. The court cannot dispute these biological factors. However, when arranging parenting time for estranged spouses with infants, breastfeeding could become a hot-button issue.

While the case was adjudicated in a different state, it’s a common question that pops up in family court in Arizona as well. Arizona does not have specific laws with regards to how to handle parenting time for a breastfeeding child. In most cases, babies are kept with mothers so they can nurse on time. If the father wants to visit, then the visits are arranged for two or three hours in a manner that doesn’t disturb nursing. However, these arrangements can change due to court recommendations on what’s best for the child.

Ideally, the best way to handle a father’s visitation with regards to a nursing baby is for the estranged parents to discuss parenting time civilly. It’s strongly advised to obtain Family Law help in Scottsdale to devise a sensible parenting time plan in accordance with court recommendations, parents’ wishes, and, above all, the well-being of the newly birthed child. Fathers who want to spend time with nursing babies should first discuss arrangements with the mother, possibly with the help of a third-party mediator.

Of course, not all estranged parents would be able to sit down together and come up with a neat parenting time plan. In that case, going to court will be the last solution. However, judges decide visitation rights for fathers with newborn babies on a case by case basis. It’s unlikely and rare that a mother would be ordered to switch to formula if she doesn’t want to or is somehow unable to. As the law is not clear on this, only your lawyer will be able to present you with the best legal solutions for the situation.  And you never know, the Arizona judge to whom your case is assigned may end up agreeing with the judge from Maine.

Arizona Breastfeeding Laws

Many mothers wonder about breastfeeding in public. First, it is perfectly legal to breastfeed in public. In Arizona, the law clearly says a mother is entitled to breastfeed her child in public and is not subject to indecent exposure laws.

A.R.S. 41-1443

A mother is entitled to breast-feed in any area of a public place or a place of public accommodation where the mother is otherwise lawfully present.

A.R.S. 13-1402

Indecent exposure does not include an act of breastfeeding by a mother.

Your baby has the lawful right to eat wherever you are. Having an upset, hungry, crying baby will call more attention to yourself than breastfeeding your baby!

What clothing do I need for breastfeeding?

Nursing in public is easy. You don’t need a special type of clothes. You can wear a loose fitting shirt or top that you can lift from the bottom. When the baby latches, let the bottom of your shirt cover your breast. Your baby’s head and body will cover the rest. You can practice in front of a mirror until you feel more confident about nursing your baby in public.

Do I need to use a nursing cover?

Some mothers are a little more comfortable nursing under a cover, but you don’t have to. You can breastfeed at your discretion without a cover as described above, but it is fine to use one if it is going to make you more comfortable. Your local WIC clinic may be able to supply you with a privacy cover, or a lightweight baby blanket is also perfectly fine.

If I’m in a public place, where am I allowed to breastfeed?

You can breastfeed anywhere you are, like the corner market, dentist’s office, or even the drug store. If you feel uncomfortable and need privacy away from home, you can find a dressing room, a fast food restaurant booth, or a nursing/ lactation room that will give you the privacy you want.

What if someone complains and doesn’t approve?

If you are in a public place and asked to stop breastfeeding your baby, ask for the supervisor or manager in charge of the establishment. A lot of people are uninformed, but the manager should be able to educate their employees about breastfeeding. You should feel confident that your baby’s needs are being met and be proud that you’re breastfeeding and providing your baby with the nourishment he or she needs!

Source

  1. “Breastfeeding in Public: Making It Work!” ARIZONA DEPARTMENT OF HEALTH SERVICES, Arizona Department of Health Services , azdhs.gov/documents/prevention/nutrition-physical-activity/breastfeeding/breastfeeding-in-public.pdf.

Family Law Consultations in Scottsdale

The Canterbury Law Group should be your number one choice for when you need a family law attorney. Our experienced attorneys will work with you side by side to achieve the best possible legal outcome. You can trust Canterbury Law Group to represent you fully, so you can get on with your life. Call today for an initial consultation!

*This information is not intended to be legal advice. You can contact Canterbury Law Group today to learn more about your unique situation.

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Written by Canterbury Law Group

Four Tips to Help When You Want to Ask for a Divorce

No matter how much work you put into a marriage, some ultimately will end in divorce. You’ve done everything you can. The two of you have sought out help and done what is asked. In the end though, no matter what you do, the two of you can’t seem to get along.

If the word divorce is going through your mind, it can be a scary topic to discuss. How do you bring it up to your partner without causing a war? There’s no easy way to ask someone for a divorce. With a little bit of preparation and empathy, however, you can bring up the topic without causing too much stress on your partner.

Your divorce attorney in Scottsdale is here to help you with all of your legal matters when ending a marriage.

Prepare Yourself

The first thing you want to do is prepare yourself for the conversation. It would help if you were confident in your decision and that it is the best option for both of you.

Ask yourself why you want a divorce in the first place. Use this reason as a way to explain it to your partner. Then, try and put yourself in his or her shoes and come up with different questions he or she may have. The more answers you have, the better you can explain the situation clearly to your partner.

Talk in an Appropriate Environment

There are a time and a place for having a conversation about divorce. Timing is crucial when delivering this type of news. Of course, there is no perfect time for having a conversation about divorce. There are though, times that are more appropriate than others.

You wouldn’t’ want to bring up a divorce if your partner recently underwent a stressful situation or had some kind of trauma. That could make an already stressful situation even worse.

Choose a place that is private and where there are minimal distractions and stressors. The more calming and comfortable the environment is, the better chance you have for the discussion to go more smoothly.

Own Your Decision

Unless this isn’t the first time the word divorce has come up, your spouse is likely to feel caught off guard. How you deliver the message will determine the rest of the conversation.

You want to own your decision. Be clear that you have made up your mind and that this is what you want. Be firm as you talk, yet gentle and empathetic towards your partner. Being rude and getting upset will only make things worse.

Get Professional Help

After the divorce conversation, there will be many emotions between the two of you. The best way to handle them is for each of you to seek out professional help. Speaking with a divorce coach or a counselor will help you deal with your emotions and heartbreak so that you can move forward with the process in a healthy way.

There is no easy way to ask your spouse for a divorce. However, they cannot force you to remain married if you want out.  Either spouse can seek divorce at any time.  However, you can prepare yourself for the conversation. Keep your partner’s emotions in mind when delivering the news. Try and put yourself in his or her shoes so you can understand how they might react. The more peaceful the conversation, the better off everyone will be.  They deserve care and respect, they were once your life partner.

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Written by Canterbury Law Group

Reasons to Finalize Your Divorce and Save Money

If your marriage is in a rocky place, it would behoove you to be mindful of the timing of decisions; the government has recently enacted a few tax laws that impact divorcing couples, especially those with high net worth. Tax codes are perplexing in the best of times and now, quite frankly, does not constitute the best of times. This makes it more important that you understand how these new laws affect you.

How do you decide if it is in your best interest to settle this year? The first step is to take a deep breath. Second, divorce attorneys in Scottsdale recommend considering the three items below and what effect they will have on you. Third, work with a lawyer as well as a financial advisor experienced in divorce to minimize the impact of the new laws.

Move Fast To Control Taxes On Alimony

Alimony, often called spousal support or maintenance, will have a significant change on New Year’s’ Day in 2019. Under current laws, alimony has been deductible by the paying spouse and taxable to the receiving spouse. This benefited the family unit as the recipient paid tax at a lower rate than the payor deducted it at resulting in lower taxes. Going forward, however, alimony will no longer be deductible by the payor or taxable to the recipient.  Alimony will now be treated the same as child support: tax free.

Tax Benefits Of The Family Home Are Changing

 Your home. This is a popular item in many divorces. Is it a top priority to keep it? Are you itching to leave it behind with the past? How do you split the value? It’s important to focus on your home as a financial asset while factoring in the memories as well as the potential emotional stability it may provide. The new tax law reduced the deductibility of property taxes and the amount of mortgage that qualifies for interest deduction making it more expensive to own a home under the new tax laws.

Kids Are No Longer As Great A Tax Deduction

The new tax code also eliminated the personal exemption amount for tax years 2018–2025. This means that you don’t get a multiplier of kids as a deduction on your tax return. It’s still important, however, to negotiate who will claim the kids for other purposes. While the exemption amount is zero dollars, it may allow the parent to receive additional child tax credits, which are more generous under the new law.

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Written by Canterbury Law Group

Reasons Why People Make Divorce Overly Expensive

There is no question that it takes more money to run one household than two households after a divorce. Having said that, it doesn’t mean that it isn’t doable or worth it to go through a divorce, if that’s what is necessary, you have little choice.

Sure, divorce is expensive. When all is said and done, costs can run close to $50,000 to $100,000 if both sides dig in and want to litigate. That is a lot of money.

While there are certainly ways to save money during a divorce, there are also many ways to increase costs, many of which are almost entirely unnecessary.

Divorce lawyers in Scottsdale see costs continue to grow as people exhibit the following behaviors.

Of course you want what you are entitled to. Having said that, are you willing to go to the brink on this one even if the amount that you fight for is not enough to cover attorney costs? Think about that one for a minute. Spending ten thousand dollars to win back five thousand dollars to “show up your spouse”—that’s bad math. Do not do it.

Refuse to Accept Your Settlement Proposal

Sure, your attorney wants what is best for you, even if that entails you spending all of your money on what’s right. Ultimately, you should get what you deserve, right? Demand That Your Ex Runs All Parenting Decisions By You If you and your spouse struggled to make parenting decisions during your marriage, what makes you think that it’ll go smoothly once you’re divorced? This will only result in wasted time, energy, and money.

Negotiate With Your Spouse

One of the most common reasons as to why people file for divorce is due to trouble communicating. Spouses constantly argue about budgets, schedules, and general decision-making. Things can escalate from there within a divorce.

Hire a Child Custody Evaluator

These professionals generally charge about $10k to $15k for a comprehensive custody evaluation, not including time spent as a witness at any hearings. — Sure would be cheaper to hammer out a compromise with the other parent compared to spending the time money and tears usually consumed in the child custody evaluation process.

If you want to decrease costs during a divorce, consider avoiding the aforementioned behaviors. They will save you time and money in the short-term and make you much happier in the long-term.

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Written by Canterbury Law Group

3 Reasons You Should Get a Prenuptial

While prenuptial agreements are largely popular amongst the rich and famous, average people really ought to consider prenups as well.

Depending on your financial status and ongoing relationship, signing a prenup might be a very, very good decision. Divorce lawyers in Scottsdale recommend the following three reasons to sign a prenup before your wedding day.

CHILDREN

If either you or your spouse has children from a different relationship, it’s critical to sign a prenup to ensure that they will be taken care of in the event of divorce or death. As of 2013, 4 out of 10 marriages included at least one person who had been in a previous marriage.

With a prenup, assets are protected, and an estate plan is carefully laid out for children. Ultimately, you need to consider whether you’d want your assets going to the surviving spouse or directly to your children from a previous marriage. A will is not enough. You want a prenup to solidify the terms of the will.

DEBT

While prenups oftentimes protect wealth, they can also keep you free from your spouse’s debt. If one or both of you are entering the marriage carrying debt, a prenup will specify who is responsible for paying off the debt both during and after the marriage.

STAY-AT-HOME-PARENT

When one of the parents stays home with children, he/she is saving the family, on average, over $100,000 per year. This is a significant amount of money, considering that with the stay-at-home parent, the work would likely have to be contracted out, which can be costly.

If/when a marriage ends in divorce, there is no real way to identify those savings. This can put the stay-at-home parent in a tough situation. With a prenup, both parties are protected.

As a final note, take time to ensure that your prenup is mutually beneficial. Ultimately, it should be a way to show that you and your spouse truly care about each other.  For more contact our law firm at [email protected]

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Written by Canterbury Law Group

Talk About Divorce Right After Engagement

It’s THE most exciting time in your life. You’re newly engaged and about to embark on an exciting life journey with the one you love.  You will soon marry!

But guess what? Now, and we mean NOW, is the best time to talk about divorce.

Why is that?

Well, divorce attorneys in Scottsdale see it all the time. Great people with high hopes and optimism for their relationship soon crumble before them with a relationship that ends in resentment and heartbreak. With affections and optimism at its peak during an engagement, talking about divorce is extremely productive.

Generally speaking, people end up filing a divorce because they don’t know their spouse or they don’t know themselves. By simply speaking with your significant other about divorce, you are taking a huge leap in the right direction to avoid this situation.

The only question that remains is, what should you talk about?

Let’s take a look.

Talk About the Why

That’s right. You should have a conversation with your fiancé about why you would get divorced in the first place. This is a very clear path to pinpointing your marital expectations. This includes non-negotiables such as fidelity and honesty in addition things that might change throughout the marriage like friendships and career details. You can take this one step further and discuss what you both feel are good and bad reasons to get divorced.

Discuss Prevention

Experiencing issues in a marriage is inevitable. A perfect marriage, with no problems, simply doesn’t exist. Having said that, it’s important to handle those issues properly and overcome them in the best possible manner. Be candid with your partner about how you would handle problems and what you would do if issues were to present themselves. Would you broach things head on? Would you wait it out? Would you seek counseling? These are all important questions to consider.

Share Obligations If You Were to Get Divorced

While prenuptial agreements may be tough to have at such an early stage of your long-term relationship, they provide a great of insight. They are raw, emotional, and passionate.

It’s important to discuss things like the space you share (your home), financial logistics/needs, professional life changes, family member involvement, and parenting.

While it’s important to discuss individual needs during a divorce, if you devote enough affection throughout your relationship and appreciate everything your fiancé has to offer, it’s unlikely that you’ll ever need to file those divorce papers.

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Written by Canterbury Law Group

Three Tips to Enduring Divorce

Divorces are difficult for everyone. While nobody wants to go through the process of divorce, it is, of course, can be necessary.

According to Psychology Today, nearly 40% of marriages ended in divorce in 2017. Think about that. That’s quite many people terminating their marriages.

When marriage trendy headed south, what should you pay attention to reduce overall stress and financial burdens in your life?

Divorce lawyers in Scottsdale recommend these three tips to make the divorce process as smooth as possible. Or you can choose not to file.  Either way, knowledge is power.

UNDERSTAND BOTH PARTIES’ FINANCIAL ASSETS

Before you can even begin negotiating marital assets, each spouse should seek to understand the others’ financial status. Too often, one spouse is in the dark about exactly what assets their significant other has/owns. It’s important to consider ALL financial assets: pensions, retirement accounts, bank accounts, properties, vehicles, etc. Having just a general understanding of these assets can lead to problems during divorce.

Here is the good news: If you file for divorce, your divorce attorney will seek and acquire all the “hidden assets” from your spouse through Court appointed rules and regulations.

AVOID EXPENSIVE LAWYERS

While many people feel the need to hire an “established lawyer” right away, you will be draining your finances more than you really need to. Since the system immediately starts generating work for the attorney (as soon as you submit your filing), you will be charged from the get-go. Things that will be set in motion include, but are not limited to, include financial relief for child support and counsel fees.

Sooner rather than later, you are thousands of dollars in the hole, and that may not even include a court appearance. Initiating the divorce in such an aggressive manner will not only prove to be costly but will also lead to greater tension and potential resentment.

Rather than rushing into the legal process, approach things amicably and have productive conversations. If both parties agree to work together in a civil manner, mediation may be a better option. Not only is this more affordable, but it can alleviate things quicker and more efficiently.

DETERMINE THE RIGHT TIME

Instead of rushing to make divorce official, consider all of the financial matters that come into play when deciding to file for divorce right then and there or at a later time. Timing can also largely impact the “equitable distribution of assets and liabilities.” Your house, amongst other assets, can be a huge factor in determining when you want to file.

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