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Written by Canterbury Law Group

Judgment of Divorce

Married couples always start off with the best intentions and try to make things work during a marriage. Unfortunately, not all marriages are meant to be. When it comes to divorce, it’s also great if a couple can resolve any issues they have informally. But if you and your soon-to-be ex can’t come to an agreement on your own, you might have to go to court to determine who gets what, from the kids to the coffee table.

Here is a quick overview of what you can expect in family court and the final judgment of divorce.

What is a Final Judgment in Divorce Proceedings?

The final judgment in a divorce proceeding is the final ruling that ends the marriage between a married couple. These judgments are rendered by the judge or jury. Once the court reaches this decision, the divorce is granted and finalized. In order to get a final judgment in a divorce, a married couple must go through the family court process.

Family Court and Final Judgment: The Basics

The vast majority of divorce cases reach some sort of settlement, whether through informal negotiation between the spouses (and their attorneys) or through more structured proceedings such as mediation or collaborative law.

But, in some divorce cases, no full settlement can be reached. This is usually because the spouses are too far apart in some or all of their respective wishes. They may not agree on a equitable solution for issues such as child custody, child support, and property division.

In these situations, the divorce will be handled in civil or “family” court, at the county/district branch of state court where the divorce petition was filed. A single judge usually presides over the case and issues a final judgment of divorce, although one or both spouses may have the right to request a jury trial.

The Court Process: Evidence and Arguments

In family court, attorneys for each spouse present evidence and arguments related to the divorce on issues like child custody and visitation, child and spousal support, and property division. Evidence in a divorce trial can come in the form of:

  • Testimony from the spouses;
  • Witness testimony — including a guardian ad litem, a neutral third party who advocates for and represents the child(ren) in court, and expert witnesses (financial analysts, property valuation experts, etc.); and
  • Documents — including records related to marital property and finances.

As each side presents its own evidence and arguments, the other side has an opportunity to question witnesses and challenge evidence through “cross-examination” — challenging the witness’s story, testing their credibility, disputing documents, and otherwise attempting to discredit or discount witnesses and evidence.

The Court Process: Final Judgment of Divorce

After hearing and examining all evidence, the judge (or jury) will issue a final ruling resolving the divorce and all surrounding issues. Once the judge reaches a decision, they grant the divorce and enter a judgment finalizing the divorce and all related issues.

This judgment dictates a number of things about the now-divorced couple’s rights and obligations, including:

  • Division of the couple’s marital property, debts, and resolution of other financial matters;
  • Child custody, living arrangements, and a visitation schedule; and
  • Child support and spousal support (alimony): who pays, who receives, how much, when, etc.

Once a judgment is entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court, although it is unusual for an appeals court to overturn a judge or jury’s decision in a divorce case.

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Written by Canterbury Law Group

5 New Year’s Resolutions for a Happier Marriage

A new year means a fresh start for many. It’s a chance to begin something new, whether or not you have been working at it for years before.

A new year can be just what some couples need, especially if the word divorce has come up in the past. There are New Year’s resolutions you can make that focus on you and your spouse to work at your marriage and fix any issues that have been bothering you.

Even after working at your resolution to help your marriage and it’s still not working, there is always your divorce lawyer in Scottsdale to help you evaluate your next path. Before that though, try some of the following New Year’s resolutions for couples who want to work at a happier marriage.

Have More Date Nights

A healthy marriage is one in which the couple spends time together with just the two of them. Regular date nights are a way to ensure that you have that quality time.

Date night could be anything from sending the kids off on a sleepover and having a movie night at home, to going away for the weekend to your favorite destination. Either way, the purpose is to spend alone time with your spouse.

Turn the Phone Off

Smartphones can quickly become an issue in a relationship. If you spend more time browsing your phone than you do talking with your partner, there’s a good chance an issue will come up, if it hasn’t already.

Have times during which you turn your phone off so that your attention is on your spouse and family. Don’t think that you can multitask and talk with your spouse while on your phone. It just doesn’t work that way.  The phone will alienate your spouse and your children.  Put it down for the night and focus on your spouse and kids.

Show How Much You Care

Sometimes, all a marriage needs to keep it on track is for the partners to show each other that they still care. It’s easy to forget that we still need that attention and affection after many years of marriage. We may know that our spouse loves us, but if they don’t ever say it and show that they do, that confidence can quickly fade away.  We’re all vulnerable and need affirmations of love and respect from our spouse.

Work on Communication

Communication is key in any relationship, especially in a marriage. Many fights could be avoided if the couple would properly communicate with each other.  Good communication should include when things are negative as well as when they are good. Your partner should be able to sit down and talk through any problems he or she may have, and vice versa.

Grow Your Passion

The longer you’re together, the easier it is to let the passion between the two of you fade away. Not only that, many start to lose their passion for their everyday activities in general. When that passion fades, it’s hard to be happy.  The average healthy couple who does not divorce is romantically together only 11 times a year! That is not a lot for most couples, but consider making a mutual goal to be together at least once a month to stay the course and make the marriage last for 20, 30 or 40 years or more.

Make 2019 a year that you and your partner grow your passion between the two of you, and with life. Remember why it is that you are with each other and focus on that. Take trips that will boost your passion and reignite that connection all over again. Fuel your passion for your own life by getting back into the things that you love.

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Written by Canterbury Law Group

4 Tips for Handling a Divorce While Working

Going through a divorce can affect all aspects of your life. It can be mentally draining, financially challenging, and even seep into your work life. Although you try your best to leave life at home at the door and enter into your professional mindset, if you’re going through a divorce, it’s likely going to be brought into the office at some point.

It’s important that you know how to handle a divorce while you are working. By getting ahead of the game and preparing for anything, you’ll be able to better manage each curveball or tough day that may come. To help prepare you, here are a few tips from your divorce lawyer in Scottsdale for handling your divorce while working full time.

Inform Your Boss

You don’t want to leave your boss in the dark about anything going on in your life that could affect your mental health and daily work performance. Since divorce can be mentally draining, it could interfere with your daily tasks at work. From phone calls to meetings and even court dates, those will all interfere with work at some point.  Be honest and transparent with your employer.

Inform your boss that you are going through a divorce. This is a life-changing event that your boss can help you with on the working end of things. No one says you have to pour your heart out and go into detail about what happened. However, informing him or her of the situation, that you may require some schedule flexibility to attend any court-imposed obligations, all while you are still committed to your own work responsibilities.

Speak With Any Officemates or Teammates

If you work closely with a co-worker, whether it be on projects or sharing an office, you should also inform them of what is happening in your life. Preparing them for any mood changes, more phone calls, and unexpected appointments, or having to take a mental health day, they will be able to handle the situation more delicately.

Anyone you work closely with, you don’t want to leave them in the dark. By letting them know of your pending divorce, you can lean on them if needed. If you fall behind, they’ll have a better understanding of what is going on and be able to help you out.

Speak With HR

Going through a divorce will likely affect work because of your insurance and retirement plans. All of this information will come from your HR department. Once you know the divorce is happening, sit down with HR and go through the details of any plans and coverages that will need changing later on or retirement account balances that may need to be split with your spouse.

Keep Personal Feelings at Home

Although you’ll likely have conversations here and there about the divorce and how you’re feeling, you should keep your personal feelings at home as best as you can. This means that you should avoid any negative comments of your spouse and anything that could make people feel uncomfortable. If you do not want to go into detail, make sure your coworkers know that you prefer to keep things private.

Do not let your pending divorce take over your work. Think of your job as an escape from the stress at home. However, there will come a time when the divorce process may interfere with work. By keeping on top of things and informing your boss and coworkers of what is going on, you can help make the process go as smoothly as possible.  Transparency and truth, tempered with your discretion and professional judgment, is a careful balancing act.

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Written by Canterbury Law Group

What to Think of Before Marriage – Should You Get a Prenup?

Prenuptial, it isn’t the most pleasant conversation to have while planning out your wedding. For many cases though, a prenup is essential to have. For others though, they can just as easily do without one.

A prenuptial agreement is a legal document that predetermines someone’s property holdings before marriage. The purpose is that someone is ensuring the disposition of the property in case the marriage ends in divorce. Not only that, but it also protects one spouse from the other spouse’s debt if they have any prior to marriage.

How do you know you should get a prenup before marrying? It varies couple to couple, depending on their financial situation, investment account levels, and anything one feels that it should belong to them regardless of whether the marriage survives. However, there are a few important guidelines to consider.

If you’re wondering about prenuptial and other legal matters around marriage, contact your divorce lawyer in Scottsdale for information.

A Prenup Can Usually Speed Up the Divorce Process

Although you don’t enter a marriage with the intent of getting divorced, it can be beneficial to know that a prenup can speed up the process just in case. Without one, you’re likely to spend months in the courtroom discussing legal matters, marital property allocations, and having to decide who gets what.

By signing a prenup, you won’t have to go through the fighting and arguing over the property. Instead, you can simply the matter and move on with your life a lot quicker.

You Can Reach a Fair Deal

Unless your divorce is uncontested and mutual and the two of you can easily agree on who gets what, deciding who gets certain properties from the marriage can be time-consuming, challenging, and frustrating. This is when a divorce can get real ugly quick.
A prenup, if deemed valid by the Court, saves you from all of this. The legal document helps you and your spouse reach a fair arrangement in case of a divorce, usually in a swift and rapid manner.

Protects You From Debt

In today’s world, debt is more common than ever. Signing a prenup can protect you from your spouse’s debt that he or she incurred before the marriage. The legal document will outline what happens with the debt if a divorce occurs. If the debt was not your debt, to begin with, it could save you a lot of money in the long run.

The Downside to a Prenup

One of the most obvious downsides to a prenup is the lack of romance they instill. They can cause issues in a relationship. The partner being asked to sign a prenup may feel like the other partner may not trust him or her. This lack of trust could continue and end up damaging the relationship beyond repair.

Another reason is that many feel a prenup is basically a plan for heading to an ultimate divorce. When someone asks for a prenup, they may not believe the marriage will last. Again, this can cause issues in the relationship, whether or not the person asking for the prenup believes this.

Before asking for a prenup, seriously think about whether or not your situation needs one. Asking for one when the other partner doesn’t agree on it could end up being a deal breaker before the wedding even happens. Prenups provide protection and help settle the worst case scenario, but they can also bring up unpleasant feelings and you may lose your fiancé.