Regular Post
Written by Canterbury Law Group

Steps in the Scottsdale Divorce Process

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. It is common to discuss the first steps in the divorce process during the initial legal consultation. Although every case is unique, there are certain stages in divorce that everyone can expect:

1. File a Petition – One must file a Petition for Dissolution of Marriage, which is a public record that includes basic facts about you, your spouse and your children.

2. Spouse is “Served” – Once the Petition is filed with the Court, due process requires that the Respondent be “served” with the Petition along with a Summons to Appear. Once served, your spouse has 30 days to file a Response to the Petition.

3. Financial Support – Representing lawyers discuss if financial support is needed during the divorce case, including child support, maintenance and marital expenses.

4. Agree on Estate – Both parties partake in financial investigation, which involves determination of the value of the marital estate or “discovery,” which includes depositions, subpoenas, interrogatories and review of financial documents by accounting experts. If the assets and debts are agreeable by both parties, they may choose to waive formal discovery. If both parties cannot reach an agreement, the attorneys may choose to submit the issues in controversy to the Judge during a pretrial conference. Pretrial conferences are conducted in the Judge’s chambers.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men, young and old, in their complicated divorce cases. To discuss your options in a Scottsdale divorce, call today to schedule a consultation.

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Regular Post
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Crowdfunding Site Adds a Divorce Registry

The divorce attorneys at Canterbury Law Group are authorities on the evolving trends of divorce. Not only do the Phoenix divorce lawyers observe the progression of legal issues, but they have also witnessed the changes in perception of divorce.

Today, divorce holds less of a stigma in our culture than it has in the past. For example, divorce selfies, in which couples post happy photos of themselves on social media to celebrate their split, and divorce parties, where a newly single person either throws or is thrown a party to celebrate the end of their marriage, are a few of the popular divorce trends we see emphasized on social media.

The Phoenix divorce attorneys have also noted that crowdfunding site, Plumfund, has created a new, dedicated divorce registry for marriage break-up expenses. With online fundraising being such a popular option to raise funds in modern-day society, this is an area that we expect to see even further expansion in.

Plumfund’s simplified online fundraising and gift registry platform has made creating a divorce registry easier and more convenient than ever. Simply create a Plumfund divorce registry and spread the word to the divorcee’s friends and family. The registry allows people going through a divorce or their friends and family to raise money for expenses such as new furniture, legal fees and child custody. All of the gift money is easily accessed through PayPal or WePay. All personal information is kept private and safe, and is never sold or rented to a third party. The divorce category launched this March, and there are currently 114 active divorce registries on the site.

No matter what the newest divorce trends are, divorce tends to be a difficult process for all involved. The legal team at Canterbury Law Group is dedicated to diligently and compassionately solving clients’ life changing problems. If you are considering divorce, call us today to schedule your consultation.

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Regular Post
Written by Canterbury Law Group

Custody Tips for Summer Vacation

At Canterbury Law Group, our no-nonsense Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. We work diligently to secure a sound emotional and financial outcome for children of divorced parents.

Divorce can be a delicate and painful experience for all involved. Our Scottsdale divorce attorneys work tirelessly to ensure the children remain a priority throughout and after the divorce, and strive to remedy sensitive issues including custody arrangements and parenting plans with concern and attention, striving to reduce the possible future damage divorce can have on children and relationships.

If you have children that have been affected by divorce, it’s best to create a plan for summer parenting. You want your kids to enjoy summer rather than feeling the stress of divorce. Our Phoenix divorce lawyers offer tips to help with summer vacation arrangements:

1. Create a documented plan: Try to set a mutually agreed upon summer parenting schedule with your ex. If needed, a Court Order is a way to prevent problems that can occur due to co-parenting conflicts. The plan should specifically identify the summer vacation parenting schedule, as it may differ from the school year schedule.

2. Flexibility: While the Court Order can be an “emergency” plan for both parties, it is helpful if the parties can be reasonably flexible with each other regarding summer parenting time. This will allow your children to attend events and participate in activities that may fall outside of a parent’s court ordered parenting time. This also shows that the parents are willing to cooperate by being lenient and working together for the benefit of the children.

3. Plan for summer expenses: Parents should take into consideration the expense of summer activities that their children are involved in, such as summer camp. Refer to the original terms of your parenting time agreement regarding summer camp so you know the required financial contributions from either parent.

4. Eliminate the kids from any disputes: A proper parenting schedule is successful when the children don’t feel any tension between the parents. Although conflicts are bound to happen, this should be handled between the parents alone and away from the kids. Effective communication between the parents is one way to avoid disputes or conflicts altogether.

If you need assistance with your summer parenting schedule, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the summer is enjoyable for all. 480-744-7711.

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Regular Post
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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Regular Post
Written by Canterbury Law Group

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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Written by Canterbury Law Group

Shared Holiday Time After Divorce

Divorced families with children may face some hardships during the holiday season because of parental custody and shared holiday time. At Canterbury Law Group, our Scottsdale divorce attorneys help navigate the difficult custody process with the ultimate goal to make the situation as clean as possible for everyone involved, especially the kids.

Here are some common ways that parents divide and share holiday time:

  • Alternate holidays every other year. You can assign holidays to each parent for even years and then swap the holidays in odd years. With this arrangement, you won’t miss spending a holiday with your child more than one year in a row.
  • Split the holiday in half. You can split the day of the holiday so that your child spends part of the day with each parent. This arrangement requires planning and coordination because you don’t want your child to spend holidays traveling all day.
  • Schedule a holiday twice. You can schedule time for each parent to celebrate a holiday with your child. For example, one parent can celebrate Christmas with the child on Dec. 23th and the other parent on the 25th.
  • Assign fixed holidays. You can have each parent celebrate the same holidays with the child every year. If parents have different holidays that they think are important, each parent can have those holidays every year.

Some holidays have special considerations because both parents usually want to spend time with the child on or near the holiday. We have the following recommendations for such situations.

  • Your child’s birthday: You can schedule a short visit for the parent who doesn’t have the child on the birthday, give both parents birthday time in the schedule, or the parents can alternate having the birthday.
  • 3 day weekend holidays: These holidays include Martin Luther King Jr. Day, Presidents’ Day, Memorial Day, Labor Day, and Columbus Day. Parents can alternate the 3 day weekends, split the weekends, or give the Monday holiday to the parent who already has the weekend.
  • Mother’s Day and Father’s Day: Usually your child spends every Mother’s Day with the mother and every Father’s Day with the father.
  • Thanksgiving and Thanksgiving weekend: One parent can have Thanksgiving Day and the other parent can have the weekend, you can give both parents time on Thanksgiving and on the weekend, or parents can alternate having Thanksgiving and the weekend.
  • The Christmas holiday season: One parent can have Christmas Eve and the other parent can have Christmas Day, one parent can have Christmas and the other parent can have winter break, you can make New Year’s Eve and New Year’s Day into one holiday and the parents alternate having it.
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More About Orders of Protection

As top Scottsdale divorce attorneys, the team at Canterbury Law Group receives many questions about Orders of Protection. Here are some common questions and answers for people looking for more information. If you’re in need of protection, contact Canterbury immediately – time is of the essence in these matters and any delays can be held against you by the court.

1. How can an order of protection help the victim? In an order of protection, a judicial officer can order:

  • The abuser not to commit any of the offenses included as domestic violence
  • The abuser to have no contact with you or with anyone else named in the order (this could include telephone calls, texts, letters, messages through someone else, personal contact, etc.)
  • The abuser to stay away from your residence, place of employment, and school or those of anyone else named in the order
  • One party to have exclusive use of a home shared by you and the abuser (if there is reasonable cause to believe that the abuser may cause you physical harm)
  • Law enforcement to accompany a party to a shared home to get his/her belongings
  • The abuser to turn in any firearms in his/her possession to law enforcement and not possess firearms
  • The abuser to stay away from and not harm any animal owned by you, the abuser or a minor child in either of your homes (and award you care and custody of the animal)
  • Other relief that is appropriate and necessary for your protection and the protection of anyone else specifically named in the order
  • The abuser to complete a domestic violence offender treatment program or any other program deemed appropriate by the court (as part of a final order)

2. In which county can I file for an order of protection? As an Arizona resident, you can file for a domestic violence protective order in any superior, municipal or justice court in any county in Arizona. The only exceptions are that:

  • If two courts are located within a one mile distance, then one court can be designated as the court which issues protective orders;
  • If you have filed an action for divorce, separation, paternity or annulment with the superior court (involving the same person from whom you want protection), then you need to return to the superior court to request an order of protection; and
  • If the defendant is less than 12 years of age, only the juvenile division of the superior court may issue the order or injunction.

If you have questions about your finances and / or bankruptcy, call us today to schedule a consultation at 480-744-7711 or [email protected].

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Struggles of Shared Parental Custody Through the Holidays

Divorce can be a very complex process and even the most amicable separations can become strained. Child custody is often one of the most challenging parts of the divorce proceedings and parents often struggle to find an agreement that is fair for all involved. At Canterbury Law Group, we have seen that, unfortunately, holidays can reignite these challenges. It often takes divorced families great effort to maintain a sense of family fairness throughout the holiday season.

There are several things that you can do to help make child custody issues during the holidays less contentious. Some of these include the following:

  • 1. Be in open communication with your family. Understanding everyone’s expectations from the beginning is a good way to make sure that everyone’s requests are heard.
  • 2. Act in the best interest of your child. Remember that your former spouse is the other parent to your children. Just because the marriage ended doesn’t mean they are no longer part of the lives of your children. Be flexible. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 3. Establish new traditions. It’s a good idea to create new holiday rituals with family and friends. Although some past traditions may be hard to eliminate, new ones will add some sense of excitement to the present. Reassure your children that the holidays will continue in a new yet joyous way. Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate.
  • 4. Plan ahead. Schedule fun and stress free events with loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider a vacation that allows you to “escape” the painful triggers.
  • 5. Create a schedule. Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
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Regular Post
Written by Canterbury Law Group

5 Tips to Make the Holidays Brighter for Divorced Families

The law team at Canterbury Law Group realize that managing separation and divorce often feels magnified as the holiday season approaches. Many people feel overwhelmed by the stress and strain of trying to maintain the status quo, when in reality, their entire world seems to be collapsing. The Holiday season serves as a constant reminder of past festive and happier times and is contrasted by the current feelings of loneliness and despair.

Although there are no overnight solutions to cure holiday blues, there are steps you can take to help the season be merrier.

  • 1. PLAN AHEAD – Schedule fun and stress-free events with your loved ones. If the holidays tend to be too painful and the divorce reminders are everywhere, consider an out of state vacation that allows you to “escape” the painful triggers.
  • 2. ESTABLISH NEW FAMILY TRADITIONS – While you may want to maintain some of the past traditions, it’s a good idea to create new rituals with family and friends.
  • 3. REASSURE KIDS THAT THEIR HOLIDAYS WILL CONTINUE, BUT IN A NEW WAY – Rather than focusing on the sad elements, get your kids excited about the new traditions. Be sure to let your children have part in what your family will do to celebrate. And now, they get “two” holidays each season (one with Mom and one with Dad).
  • 4. ASK IF YOU ARE ACTING “IN THE BEST INTEREST OF THE CHILD” – Decide in advance how the holiday time will be divided. Reassure your kids that you will be OK while they are with the other parent. Keep the arrangements as simple as possible.
  • 5. MAKE A SCHEDULE – Make a list of everything you need to do for the holidays and a target date to accomplish your goals. This will help you to feel more in control and less stressed.
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Common 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.

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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