Regular Post
Written by Canterbury Law Group

Child Custody During Summer Months

Canterbury Law Group handles various family law matters, including divorce and child custody. Family law is a complex legal area requiring measured and detailed strategy and execution as well as constant upkeep. If you have children with an ex, it’s time to consider future summer vacations and your custody agreement. At Canterbury Law Group, we have many ways to help you keep the legal peace with your ex and enjoy a great summer vacation with your kids.

1. Set Up a Vacation Schedule, And Stick to It. With the kids off from school, there’s plenty of time to plan for vacations and trips. However, it is essential to discuss you plans with your ex. It is typically beneficial to create a vacation schedule with your child custody lawyer, have your ex sign off on it and submit it to a family court judge. By doing this, both parties are clear on where the kids will be and it’s in writing with the court.

2. Be Sure You Don’t Violate Your Custody Agreement. Often, custody and / or visitation agreements have geographical limits, such as your kids can’t leave the state or country. If you’re planning a summer vacation abroad, you may need to have your agreement modified. If you and your ex have already created a vacation plan, it shouldn’t be too difficult to have your ex agree to a custody modification that allows for travel.

3. Use Open Communication. If you have to alter your vacation schedule, notify your ex spouse immediately. In fact, it is always a good idea to notify the other parent of your vacation plans or any change in plans. If you do not inform your ex of your travel plans, be prepared for possible legal action against you. The courts will want a detailed explanation as to why you wouldn’t give up the information and a judge will typically order a parent to divulge vacation plans for safety reasons.

4. Let Kids Communicate With Your Ex While on Vacation. Summer vacation doesn’t mean a communication ban from the other parent. Video calls with Face time or Skype may be a great way to allow your ex “virtual visitation”.

If you need assistance with modifying your child custody agreement for the summer, call us today to schedule a consultation. 480-744-7711. www.canterburylawgroup.com

Changes in Custody Plans, Child Custody & Parenting Time, Custody Terms, Family Law, Family Law Attorney, Scottsdale family attorneys
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Regular Post
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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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Regular Post
Written by Canterbury Law Group

Criminal Conduct May Lead to Losing Marital Property

Arizona, California, Idaho, Louisiana, Texas, Nevada, New Mexico and Washington are community property states, meaning assets acquired during the marriage are typically divided equally when a couple divorces. However, this is commonly misinterpreted in that both parties must be awarded 50/50 on all community property and debts acquired during the marriage. This is not necessarily the case.

“Arizona divorce judges have the unfettered discretion to “equitably” allocate the martial estate as the judge deems warranted in any divorce case brought before him or her,” says Craig Cherney of Canterbury Law Group.

A recent case in New York is making headlines because the judge found that the husband’s criminal misconduct against the wife was sufficiently egregious to justify stripping him of all rights to the martial estate and awarding 100% of the property to the victim (wife.) “The same can happen in your case, if there is egregious or criminal conduct by one spouse against the other,” says Craig Cherney.

More About the Case at Hand

A man serving 40 years in state prison for raping his wife is not entitled to share her pension or any other marital asset in their divorce, a Brooklyn judge has determined.

State Supreme Court Justice Jeffrey Sunshine said the 2011 rape and other acts of violence and abuse by “Terrance T.” represent a rare instance where “egregious conduct” by one spouse toward another exempts the offending spouse from receiving any share of assets under equitable distribution.
Sunshine wrote that in a “civilized society,” the behavior of Terrance T. must be considered a bar under state Domestic Relations Law §236(B)(5) and §236(B)(6) to his receiving any marital assets from wife “Alice M.”

“The plaintiff, despite all she endured, compounded by the defendant’s steadfast attempt to interfere in her desire to move on, has displayed both courage and perseverance beyond what any human being should have to endure, and so is noted by this court,” Sunshine wrote in Alice M. v. Terrance T., 2015 NY Slip Op 51913(U).

To read more visit http://www.newyorklawjournal.com/id=1202746302596/Judge-Denies-Inmates-Bid-for-Marital-Assets-in-Divorce#ixzz3wsqARTwU

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Legal Help
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Regular Post
Written by Canterbury Law Group

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].

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Attorneys, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

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.
Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale
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Regular Post
Written by Canterbury Law Group

Realities of the Divorce Process

The Scottsdale divorce attorneys at Canterbury Law Group handle complex divorce cases throughout Arizona, California, Nevada and New York. Their skilled litigation team provides no-nonsense legal counsel for family law cases at the highest level possible.

The law team at Canterbury thoroughly prepares clients while understanding that all cases have unique circumstances and laws vary by state and local jurisdiction. The Scottsdale divorce attorneys also prepare clients for the constant surprises that inevitably arise during the divorce process:

Length of divorce – Depending on your unique situation, divorce can take few months to well over a year, leaving issues that still need to be settled. The vast majority of matters resolve within one calendar year. More complex dissolutions with large asset bases and children, can take up to two years. At Canterbury Law Group, we help clients work out many divorce issues before entering court in attempt to eliminate or reduce long cases. The longer the case, the more expensive it is for both sides.

Court TV is not reality – Court TV may have constructed an unrealistic image of what court is like for the majority of divorce cases. In fact, most cases reach a settlement before needing to see a judge, or if you see a judge, it might only be for a few preliminary hearings and no trial if you elect to settle later.

Rescheduling is common – Expect your court dates to be rescheduled for other cases that take priority in your jurisdiction, such as criminal trials. You cannot insist upon a court date just because the court issued it. Rather, be prepared for rescheduling. Change is constant in a divorce proceeding.

Patience is needed – In most courthouses, your case will not be the only case scheduled for a hearing. Be prepared to sit and wait for other cases to be heard before yours. However, you must always be on time in the event the court is on time.

Everyone has an opinion – When you are going through a divorce, you will realize that everyone has an opinion. Ignore most of them because each case is unique, and no one can give you divorce advice better than your divorce attorney. Don’t rely on what you ‘hear’ or ‘read’ on the internet. Secure top legal counsel and let them steer you successfully to the resolution of your case so you can move on with your life. For more on divorce legal services, go to www.canterburylawgroup.com or call 480-744-7711.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Family Law, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

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.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce
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Regular Post
Written by Canterbury Law Group

Child Custody After Divorce

At Canterbury Law Group, our Scottsdale divorce lawyers fight to protect the future and well-being of children affected by divorce. While winning your case, we also work diligently to secure a sound emotional and financial outcome for children of divorced parents.

If you are starting to consider a divorce or if you were recently served with a divorce petition, the Scottsdale divorce lawyers at Canterbury Law Group suggest immediately consulting with a trusted attorney to assess and protect all of your legal rights. Delays may limit your child custody options.

Divorce can be a delicate and painful experience for all involved. Our attorneys will work diligently 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 will be affected by divorce, here are some important custody arrangements you should understand. The standard types of Legal Decision Making (child custody):

  • Parenting Time (physical custody) — Determines which specific days of the week that the minor child will be in the physical custody and control of the parent or his or her agents
  • Legal Decision Making — Grants one parent or both parents the right to make important decisions about how a child will be raised with regard to religion, medical care, education, etc.
  • Joint Legal Decision Making — Grants joint legal decision making to both parents assuming the parents can jointly agree on all issues of their child’s upbringing, if disagreements arise, the parties can divert to a court appointed Parenting Coordinator or return to Court to litigate.
  • Sole Custodial Parent — Grants one parent both legal decision making and full parenting time (custody) rights over the child (rare).

Divorce can be tolling on all involved so be sure to guard your kids and preserve their future. For more information on divorce and child custody, contact the Scottsdale divorce lawyers at Canterbury Law Group. We are here to protect you and your children: (480) 744-7711.

Child Custody & Parenting Time, Custody Terms, Divorce attorneys Scottsdale, Scottsdale Divorce, Sole Child Custody
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Tips For Fathers Going Through Divorce In Scottsdale

The Scottsdale divorce lawyers at Canterbury Law Group represent both men and women in divorce proceedings. Through their extensive divorce experience, they have noticed that men often think they have fewer rights to the family home and / or children while going through a divorce. This is not necessarily true.

The legal team at Canterbury suggests finding a divorce attorney immediately if divorce is a remote possibility so you can evaluate your options are start preparing for the possible filing against you, or your own filing against her. Several tips should be considered when evaluating the divorce process:

  • Watch your words. If you’re dealing with an angry wife, take note of what was said but do not retaliate. React rationally and not in anger without giving your wife any ammunition to use later. Presume every conversation is being recorded on her cell phone.
  • Don’t move out of the marital residence right away. Leaving the house may become a strategic disadvantage later. The Mother has practical custody if Dad leaves and she may be in a stronger position to get the upper hand in a later custody battle.
  • Keep records. Keep careful records of everything that is said and done in relation to the divorce process including threats, insults, etc. Record your spending habits, money you give her and the kids and all expenses you pay for. Print out your bank records periodically so that you can show any large withdrawals made by your spouse.
  • Maintain communication with children. Often, the feeling the children have about their Father makes or breaks a custody case. Be a proactive father. Don’t ever talk negatively about their Mother in their presence. Your positive interactions with them will help with the process, and will also preserve a relationship for later when the post-divorce life begins.
  • Keep yourself well. Many fathers neglect their physical and / or emotional health during these stressful times, which may lead to depression and / or isolation. Keeping a healthy diet, exercising and avoiding harmful substances is always a good strategy, and even more important in times of anxiety. You need to be at the top of your game when you deal with these emotionally difficult experiences.

Find legal counsel soon. If you feel that divorce is inevitable, it is better to obtain a divorce attorney early on. Call the Scottsdale divorce attorneys at Canterbury Law Group to schedule your initial case evaluation: 480-744-7711.

 

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Scottsdale Divorce
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Child Custody Factors in Arizona

When a divorce involves children, Scottsdale-based Canterbury Law Group fights aggressively to protect the children’s’ future and well being. In fact, we are known for securing the most sensible child arrangements possible at the lowest expense. We first attempt to collaborate with both parents and related experts to design practical provisions for successful co-parenting and child support schedules.

In the event that mutual settlement of these issues is not possible, our no-nonsense litigators will prepare your case with diligence and the utmost attention to detail. Arizona law requires that the best interest of the child be the lead consideration above any other when allocating child custody. Moreover, judges are commanded by statute to maximize the amount of parenting time for each parent. This usually suggests an equal 50/50 parenting time protocol absent parental fitness issues (e.g. drug, alcohol, criminal history, domestic violence) being proven by the other parent by competent and admissible evidence.

Arizona family courts determine custody based on the best interests of the child, taking into consideration a great deal of details including:

  • The child’s age
  • The child’s wishes
  • Each parent’s wishes
  • The child’s adjustment to home, school and community
  • Any history of domestic violence or child abuse by either parent
  • Whether the parents have provided primary care of the child
  • The mental and physical health of all individuals involved
  • The child’s relationship with each parent
  • Each parent’s willingness to foster a meaningful and substantial relationship with the other parent.

If you are thinking about filing for divorce in Scottsdale or Phoenix, call us today to schedule your consultation. Sometimes the best offense in a case is a well positioned, and thought our strategy which is completed weeks or months in advance of formally filing the case.

Child Custody & Parenting Time, Custody Terms, Divorce & Legal Separation, Divorce attorneys Scottsdale, Family Law
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