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Written by Canterbury Law Group

5 Factors That Can Spark a Divorce

When a couple gets married, chances are they aren’t planning to get divorced down the road. Unfortunately, divorce is quite common in the United States. It is a stressful and sometimes quite painful time for both parties involved.

There are many factors that can contribute to a divorce. Some have warning signs in which you and your partner can work on. Others, however, are out of your control and are the result of an unfortunate circumstance.

The Canterbury Law Group, your divorce lawyer in Scottsdale, came up with a list of some of the top factors that can spark a divorce.

Lack of Communication

The lack of communication in a marriage is typically at the top of any list when it comes to divorce. Having good communication is critical in any relationship, but especially in a marriage. Without communication, it is hard to tell what your spouse is thinking, how he or she is feeling, and the two of you need to address any concerns.

High Expectations

Another common factor in a divorce is when one partner has too high of expectations for the other. Whether it be due to finances, household chores, or making someone happy, if a spouse has unrealistic expectations of their partner, it can generate many issues. If someone feels like they can never be good enough for the other person, it can result in them being unhappy and inevitably wanting out of the marriage.

Finances

Money is another significant factor in a divorce. If both partners are not on the same page with their finances, it can lead to a lot of trouble down the road. If one spouse wants to keep spending on expensive items, but the other one wants to save for the future, the two of them are bound to clash. Having opposing views with finances can lead right to divorce.

Lack of Intimacy

Intimacy in a marriage is essential for staying close to one another. Having intimacy in a marriage means both physical and emotional. If one partner starts to withdraw from the other and it never gets fixed, it could lead to divorce. Having that strong physical and emotional connection will help keep a couple strong and connected.

Wrong From the Start

In some circumstances, the marriage may have ended the moment it started. Marrying for the wrong reasons (for money or something other than love and having a connection), will likely lead to divorce sometime down the road. For a successful marriage, it is essential that the person you choose is someone you genuinely want to be with for the rest of your life. If there is a hesitation, it could be a sign that it may not be the right person for you.

Marriages will have their problems at one point or another. However, that doesn’t mean a divorce will happen. Depending on how the couple handles martial problems and works to get past them, that will likely determine if a divorce is in the near future or not.

Spending quality time with each other, having those emotional and physical moments will help keep the connecting between both partners thriving. Communicating with one another will help to overcome issues before the turn into something more extreme.

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Written by Canterbury Law Group

6 Ways to Help Your Kids Cope Through a Divorce

A divorce is not something you plan for when getting married. Unfortunately, many families face divorce at some point. Going through a divorce can be highly stressful for both parties involved, children especially.

Every divorce will affect kids in some way, whether it be through sadness, anger, frustration, or even worrying. However, as their parents, you can help your children cope with the divorce process so that they use this as a growing experience.

Talking with your divorce lawyer in Scottsdale will help to give you the best advice for your situation. There are also the following top six tips that you can use to help your children cope with a divorce.

Inform the Kids of the Divorce

It’s not an easy conversation to have, but it is essential to talk to your children about the divorce. They’ll need to know that mom and dad will be living apart. Explain why you made this decision and that it was never caused by them. Keep the conversation appropriate for the age, temperament, and maturity of the child. Stay positive, stay optimistic—do not drench the children in negativity.  To the contrary, tell them they have a new optimistic life ahead.

Let Them Speak

It’s important that kids can express how they feel in these types of situations. This will mean the parents, both if possible, sit down and listen to them and acknowledge their feelings. If they are struggling, help them put how they feel into words.  Provide the children with counseling if needed.  They must repair their internal feelings immediately to avoid long-term emotional scarring.

Be Their Support System

Although you’ll have so many things going on in your life with a divorce, it’s crucial that you remain a strong support system for your children. Be there for them, talk to them, ask what will help them feel better.  Do NOT complain about the divorce, or your spouse, or the lawyers or the court—these kids have enough to deal with if you must vent, do so with capable adults, not your own children.

Keep Your Emotions in Check

If your children see you upset or stressed out, it will start to seriously affect them. As their primary emotional support system, trying to be as calm and collected as possible will be more beneficial in helping your children cope with the divorce. Approaching the situation angry and frustrated will only get them agitated.  Vent your deeper feelings on your own time, in your own space, and not within the sight line of your kids.

Be Kind to Each Other

Kids hear, see, and remember almost everything. You would be shocked to walk in their shoes for 24 hours.  If they see you and your partner actively arguing, or if you’re speaking poorly about your life partner when they’re not around, there’s a good chance that they’ll pick up on these things. Being kind and civil to each other will help prevent putting your kids in a difficult situation, or feeling like they need to choose sides.  Take the high road.  Stay silent when the kids are in the room and handle your “adult business” only with adults in the room.

Reassure They Are Loved

In the end, it’s important to reassure your kids that they are always loved by both parents no matter the divorce outcome. Explain the new living arrangements and express that while you’re with one parent, the other parent still loves them.  Money and property rights come and go, your children are the bedrock of your life today and into the future.

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Written by Canterbury Law Group

Five Ways to Keep Your Marriage Alive and Well

There is absolutely no doubt that sustaining a healthy marriage is a challenging feat. Having said that, there is a myriad of things that you can do to maintain a happy and flourishing marriage. Divorce attorneys in Scottsdale recommend considering the following points about maintaining a lively and happy marriage.

Find your bliss

While you and your spouse love each other, you (and only you) are the one driving your happiness. Thus, you should never place that responsibility on your significant other. Take time to understand what makes you happy and what makes you tick.

Take it one day at a time

You should be both honored and ecstatic to be in a loving marriage. As a result, it takes work (on a daily basis) to maintain that fire. It’s important for the two of you to take a few minutes out of each day to express your affection towards one another. Whatever you both deem as intimate should be brought to the forefront each and every day. Ultimately, you should think of this as a daily practice.

Be in the same lane

One of the most critical components of a relationship is making sure that you’re both on the same page when it comes to a variety of issues/topics. Rushing into an engagement without similar outlooks can lead to trouble.

At times, divorce is the answer

While some people refuse to admit that divorce is the best solution, others understand if/when it’s necessary. After all, there really is no reason for everyone to be upset. Think about how much happier people would be if you removed yourself from the equation.

Other times, divorce is not the answer

It is absolutely critical to understand the difference between employing divorce as a means to avoid conflict and a way to legitimately make a situation better. Don’t be one of those people who gets divorced for all of the wrong reasons.

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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

6 of the Hardest Moments During Divorce, According to Women Who Have Experienced It

It can be hard. It can be ugly.

Divorce is never a good thing (in the moment), but it happens.  A lot.

Of course, divorce can always end up being a good thing when all is said in done, but going through the process yields some difficult and challenging times. There are arguments about money, child custody, real estate, residences, and more. These disputes seem to go on forever with little to no resolution.

While every divorce is a little bit different, arguments about money generally top the list. Especially if you’re in business with your spouse, figuring out how to separate money can be a brutal task. The process involves lawyers and a lot of tears. Sure, there are things that be done to prevent divorce, but sometimes it is unavoidable.

Why must divorce be so hard? It need not be.  Divorce attorneys in Scottsdale will tell you that there is a right way to approach this transition as opposed to the long-reviled “scorched earth” approach.  Is it really worth the emotional and financial trauma to “go to war” with someone you once loved deeply?

That said, let’s take a look at six of the hardest moments during a divorce, according to women who have been through the conventional litigation process to achieve it.

Money Stress

During your marriage, there are times when you may have discovered your spouse handling finances in a secretive and non-transparent manner. For example, perhaps your spouse had a gambling or substance abuse issue that caused depletion of your community funds. This can end up very, very messy.

Leaving Your Home

After pouring your heart and soul into your primary housing (including potential renovations), having to either sell it or move out is a very difficult process.  Memories were made in that space, the children grew attached, school districts were established.

Feeling Unsafe

One of the most compromising feelings is the notion that you’re in a dangerous physical predicament During a divorce, you may experience blowout fights that can result in the feeling of being unsafe.  Your lawyers can solve this problem rapidly and with strength so you can sleep well at night.

Seeing Someone Else

Things can get ugly if/when you find out that your spouse is romatically seeing someone else prior to divorce papers officially being filed or later on, finalized. This can be seen as disrespectful and downright rude.

Time Away From The Kids

Not being near your kids each and every day can result in a lot of heartache. Experiencing divorce is hard enough; losing time with your kids may be harder.

Losing Your Best Friend

After all, people tend to marry who they refer to as their best friend. Knowing that you’re losing your friend and husband/wife at the same time can be a deflating feeling.

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Written by Canterbury Law Group

5 Divorce Mistakes to Stay Away From

Sure, every divorce has unique attributes that make the experience different for each person. Having said that, there are a myriad of mistakes we find to commonly observe during a divorce. If you’re even considering divorce, divorce attorneys in Scottsdale recommend the following critical advance checklist to help you avoid these unnecessary issues.

 

Settlements That Assume Status Quo

One of the main goals of a divorce is to establish an “equitable split” of assets, which requires an understanding of your current situation and true market valuation of all your assets. At times, this necessity to focus on the present state of affairs can result in an analysis that doesn’t take into consideration potential future events. Unfortunate events can occur at any point after a divorce and may include things like job loss, disability, health changes or asset depreciation.

Complications can always arise when it comes to paying for college when a settlement agreement focuses too heavily on the maintenance of the status quo. For example, if college costs are to be split based on salary, what happens if/when you or your spouse lose your job? Unforeseen future events can put you in a difficult situation and pay for a large expense (e.g. maintenance, college tuition) you hadn’t previously planned for.

When negotiating your divorce settlement, remember to consider what might not be the same in the future. You will want to speak with your attorney or financial adviser about considering these potential changes.  There are many moving parts and you should trust seasoned legal counsel to navigate you through the process.

Unrealistic Lifestyle Expectations

Divorce means there is no longer one household, but two households.  The standard of living is likely to drop for both parties post-Decree.   Difficult decisions about who should keep the house, or if it should be sold, have emotional, practical, and financial implications for both parties for years to come. Housing is just one of numerous lifestyle decisions faced when a divorce takes place. Unfortunately, too many divorcees expect to live a similar lifestyle in divorce, including for their children. This is a false reality—both parties are still making the same money, but now two roofs and two sets of bills must be paid.  Quite often, there is simply not enough money to go around for anyone to live the same, let alone better after the divorce.

Avoiding The Details

Facing the logistics of a divorce can be exhausting, especially if it’s a complicated situation (which it usually is). Lengthy legal proceedings require you to reveal the details of your life. At the same time, you’re asked to gather a large amount of data and information to support negotiations, and this usually doesn’t end just because the divorce comes to a close.  Get ready to gather documents and disclosures the likes of which even your worst mortgage refinance would have ever taken.  It’s a reality and part of the process.

Lack of Financial Literacy

One of the main reasons these rampant mistakes occur during a divorce is that both parties lack even a basic financial education. Modern financial literacy is generally learned through experience rather than in school. Take time to educate yourself so you don’t run into problems.  Better still, hand the entire process over to a seasoned professional who has handled hundreds of divorces before yours ever began.

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Written by Canterbury Law Group

Four Logical Tips to Improve Your Marital Finances

It is no secret that nearly all marriages come with financial obstacles. Big or small, money issues will inevitably come up and will certainly be stressful. Whenever you are feeling strapped, you may overreact and try to completely overhaul your finances. Having said that, saving money in short, aggressive spurts is the financial equivalent of a crash diet and therefore never truly works.

Divorce attorneys in Scottsdale recommend sticking to the following four financial tips to secure comfort and peace of mind in your marriage.

Set A Grocery Limit

Due to the simple fact that a grocery bill is not a fixed expense (like a car payment or internet bill), food costs can be significantly reduced. Try creating a meal plan before going to the store and buying only for those specific meals. Furthermore, you can consider buying your groceries online. This way you’ll know exactly what your total bill will be before you buy.

Walk (Everywhere)

There is no question that walking places will save you money. Outside of walking, public transportation is the next best option. Buses and light rails are a perfect way of getting around in an urban area. However, walking with your spouse is almost like a completely free built-in date. You can often choose a far-away restaurant, grab a go-cup of wine (legal in some cities), and take the extra long stroll as a pre-and post-dinner activity. Not only will this save you cash, but it’s a nice chance to catch up and get more exercise.

Stay In On The Weekend

Quite frankly, this can be boring. Once Friday rolls around, you may feel that you’ve earned a night out for the hard work you’ve done all week. Generally speaking, however, this can be an expensive habit. Although this may seem boring at first, staying in doesn’t mean that you can’t have fun or celebrate the week’s end. On Friday, you can have a drink on your porch and then cook dinner together. Usually, this proves to be a lovely evening and a great way to save money.

Travel More Thriftily

Instead of booking a hotel room, look into booking a rental home. This will save you money. Ultimately, you’ll be able to cook breakfast in “your house” and sip a bottle of store-bought wine on the balcony after dinner. Sure, you may miss being in a full-service hotel, but it’s a nice treat to feel as if you live like locals. Not only that, it will save you enough money to tuck away toward a future trip.

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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

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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