Divorce Archives - Page 5 of 5 - Canterbury Law Group

The Scottsdale divorce lawyers at Canterbury Law Group have represented hundreds of clients in Scottsdale divorce cases. Although every case is unique, often we see one spouse refusing divorce. No one can stop you from getting a divorce if you want one, with the possible exception of the court. If you don’t follow proper legal procedure, a judge can deny your divorce, forcing you to start over. However, your spouse can’t stop you, but she or he can complicate the process.

Here are steps in getting a divorce, even when your spouse will not agree:

1. Any reason is sufficient to file for divorce. Contrary to popular belief, neither spouse needs an reason or grounds for seeking to terminate the marriage. As a “no fault” state, Arizona courts and judges are actually prohibited from inquiring into the romantic issues of either spouse during the trial or otherwise. Put another way, it does not matter how you got here, you have a legal right to divorce if and when you are ready.
2. Research the rules for service of process in your state. Make sure you understand exactly what you have to do to ensure that your spouse legally receives a copy of your divorce petition after you file it. If you err, your spouse can say they were not properly served and block your divorce proceedings. You could still get a divorce, but you’d have to start the process all over again. Do it right the first time and have them served by a licensed process server.
3. Wait out the period of time your spouse has to answer your divorce petition. If he/she files a response with the court, you’ll probably have to resolve your divorce by trial or mutual consent; some spouses won’t agree to a settlement if they don’t want the divorce in which case you are forced to trial and the judge makes all final decisions of equitable distribution.
4. Prepare for a Default Judgment Hearing if your spouse does answer your divorce petition. Even assuming your spouse “no-shows” on the case, after a certain number of days have elapsed, and assuming you properly served your opponents, you can petition the Court in writing to procure a Default Judgment of Divorce wherein all items requested in your original petition and can and typically is granted by the Court assuming no defense or response is ever tendered by your opponent. In the end you’ll be divorced and he or she will have never set foot in a court of law.

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. 480-744-7711

The divorce attorneys at Canterbury Law Group have extensive industry experience and are authorities on the evolving trends in the divorce area. Similar to nearly everything in life and the law, divorce has changed with the times and will continue to do so.

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. Fewer marriages translate into fewer opportunities to get divorced—and that equals declining divorce rates.

Here are four trends in society that are affecting divorce rates:

1. The surge in cohabitation ended. The number of cohabiting couples grew from 400,000 in 1960 to 3.8 million in 2000. But since then, rates of cohabitation have leveled off. About 12 to 14 percent of never-married adults lived together with a partner in 2008-2010, essentially unchanged since 2000.

2. People are delaying marriage longer than ever before. The percentage of women aged 20 to 24 who have ever married declined from 31 percent in 2000 to 19 percent in 2008-2010. For men, the percentage dropped from 21 to 11 percent.

3. Americans are increasingly jumping on the “marriage-go-round.” More Americans are going from marriage to divorce to remarriage, sometimes multiple times. Among currently married men, those who are remarried increased from 17 percent in 1980 to 25 percent in 2008-2010. The changes for women are similar.

4. Who are most likely to have “traditional” families in America? Immigrants. Regardless of education and race or ethnicity, immigrants tend to be married at a higher rate, are less likely to cohabit (except for Hispanics), and divorce and remarry at a lower percentage when compared with their U.S.-born counterparts.

If you’re contemplating divorce, hiring a great divorce layer can be critical to your future. Call the Scottsdale divorce layers at Canterbury Law Group today to schedule you consultation. 480-744-7711.

How to Obtain a Divorce When Your Spouse Won’t Agree

4 American Trends that Affect Divorce