Regular Post

Written by Canterbury Law Group

2 May 2023

Understanding Domestic Violence

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.

Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

Domestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner?

This Domestic Violence section provides resources for victims of domestic abuse and those who love them. If you need immediate help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Findlaw’s Domestic Violence section is divided into four parts.

An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

Domestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates.

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

While law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns.

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

Domestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy.

Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all.

The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse.

In some cases, abusers may not even realize that they’re inflicting domestic violence on someone else. On the flip side, victims may not take action against their abusers if they don’t realize that the behavior they’re experiencing is indeed domestic violence.

Moreover, friends and loved ones of victims are in a better place to help if they understand what domestic violence looks like. Therefore, it’s important that people understand the definition of domestic violence and the many forms it can take.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many types of abuse are included in the definition of domestic violence:

Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
Threats to hit, injure, or use a weapon are a form of psychological abuse.
Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Definitions of domestic violence recognize that victims can include anyone, regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender. Domestic violence was formerly referred to as wife abuse. However, this term was abandoned when the definition of domestic violence was changed to reflect that wives are not the only ones who can fall victim to domestic violence. The definition of domestic violence now recognizes that victims can be:

Spouses
Sexual/Dating/Intimate partners
Family members
Children
Cohabitants

Many people think that a victim of domestic violence can only obtain a protective order against a spouse. This is actually a myth. Most states allow victims of abusive cohabitant lovers to obtain protective orders (also referred to as temporary restraining orders or emergency protective orders). Some states allow victims of abusive adult relatives, roommates, or even non-cohabitating partners to obtain protective orders. The laws in each state are different, so check the most updated laws in your state.

Dating Violence

Dating violence is another form of domestic violence. The Violence Against Women Act defines dating violence according to the relationship between the abuser and the victim. Dating violence is committed by a person in a social, romantic, or intimate relationship with the victim. The existence of such a relationship is determined using the following factors:

The length of the relationship
The type of relationship
The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

If you feel unsafe in your home or relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 911. An experienced family law attorney can assist you with everything from talking to the police to filing for protective orders and a civil lawsuit.

Source

https://www.findlaw.com/family/domestic-violence.html

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-744-7711.

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Regular Post

Written by Canterbury Law Group

18 April 2023

Domestic Violence

Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.

Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

Findlaw’s Domestic Violence section is divided into four parts.

An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
Threats to hit, injure, or use a weapon are a form of psychological abuse.
Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Spouses
Sexual/Dating/Intimate partners
Family members
Children
Cohabitants

Dating Violence

The length of the relationship
The type of relationship
The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

Source

https://www.findlaw.com/family/domestic-violence.html

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Regular Post

Written by Canterbury Law Group

26 July 2022

10 Things To Do Before You File For Divorce and Realities of the Divorce Process

Here are ten actions to take if you believe that your marriage is beyond repair and that divorce is inevitable.

Speak with a lawyer.

Find out what your legal obligations and rights are. Consider the scenario where you decide to relocate to your parents’ home with the kids while you wait for the divorce to be finalized. Moving in with your parents, even for a short time, could be a grave legal error.

Copies of documents.

Make copies of everything you can find by going through household files, including tax returns, bank statements, check registers, investment statements, retirement account statements, employee benefits manuals, life insurance policies, mortgage papers, financial statements, credit card statements, wills, Social Security statements, car titles, etc. It’s crucial to learn as much as you can about the company’s finances if your spouse runs a self-employed business. If you have financial information on your home computer, make copies of it.

List the belongings in the home and in the family.

The major possessions should be listed, including furniture, jewelry, art, appliances, and cars. Don’t forget to search your home’s storage spaces and your safe deposit box for valuables.

(Knowing all of the marital assets is crucial when it comes to dividing the property.)

Understand the household budget and costs.

Write down each monthly expense for utilities, a mortgage, and other living expenses as you go through your check register for the previous year, if you can. Keep track of the money you spend every day so you can figure out your monthly cash outlays as well.

Choose a family debt management strategy.

Determine the family debt, if any, and think about settling it before filing for divorce. One of the most challenging issues to settle during a divorce is how to divide the marital debt. When assessing debt, consider whether any of it was racked up by one spouse or the other before the wedding. The spouse who incurred it would be responsible for paying off this “non-marital debt,” which belongs to them.

Find out the exact salary of your spouse.

If your spouse receives a regular paycheck, it is simple to check a pay stub; however, if your spouse is self-employed, owns a business, or receives any portion of income in cash, you should try to keep track of the money coming in over the course of several months.

Analyze your earning potential in a realistic manner.

Perhaps you have been focusing solely on raising children while you have been out of the workforce for a while. Analyze your current employability and whether pursuing more education before getting divorced would be advantageous for you in the long run.

Look at your credit report.

If you don’t already have credit cards in your name, apply for them right away, use them, and build your credit. If you have a bad credit history, try to pay your creditors now so that you can raise your credit score before the divorce.

Make your own “nest egg” by yourself.

You ought to have access to your own money at all times. You will be responsible for paying bills if your spouse leaves and stops doing so until temporary support orders can be put in place. You will require funds for a retainer if you plan to initiate the divorce. Start putting money aside now, and when you have a sizeable nest egg of your own, consider starting divorce proceedings.

Prioritize spending time with your children.

Keep your kids’ schedules as regular as you can throughout the divorce process. If you and your partner can’t be with the kids together without fighting, schedule separate times for you both to be with them. Participate in your children’s school, sports, and extracurricular activities. Don’t speak poorly of your spouse in front of your kids. Put your kids first in everything you do.

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.

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Regular Post

Written by Canterbury Law Group

4 April 2022

Annulment in Arizona

Are you wondering if you are eligible for an annulment? Learn about the grounds for annulment in Arizona and how to obtain one.

Annulment is a frequently misunderstood legal concept, owing to the fact that popular culture and religion have promoted divergent and frequently erroneous views of what an annulment is in family law.

This article discusses “civil annulments,” as opposed to “religious annulments,” which can be granted only by a church or clergy member and have no legal effect on your marital status.

Annulments and divorces are similar in that they both establish marital status. However, the critical distinction between them is that divorce terminates an existing, valid marriage, whereas annulment simply declares that what everyone believed was a marriage was never actually one. An annulled marriage never existed in the eyes of the law.

Arizona’s Grounds for Annulment

There are several circumstances in which you may petition an Arizona court to annul your marriage:

One of the parties was married to another individual (bigamy).
The parties are blood relatives.
At the time of the marriage, one of the parties was a minor and did not obtain the consent of a parent or guardian.
One of the parties, or both, lacked the mental capacity to marry.
Both parties lacked the physical ability to marry.
At the time of the marriage, one or both parties were intoxicated.
The parties lacked the intent to enter into a marriage contract, either one of them or both.
The parties failed to obtain an official marriage license in a timely manner.
Instead of marrying each other in person, the parties used a proxy (substitute).
One of the parties committed fraud in order to obtain the consent of the other party to the marriage.
The one party used coercion (legally referred to as “duress”) to coerce the other party into agreeing to marry.
The parties have not engaged in sexual relations or one of the parties has refused to engage in sexual relations.
One of the parties fabricated information about his or her religion.
One of the parties omitted information about his or her previous marital status.
One of the parties planned to violate a premarital agreement in secret.

How Can I Obtain a Court Order Terminating My Marriage?

Due to the fact that annulment actions are heard in Arizona’s superior (trial) courts, you must file your paperwork at your local courthouse. By court order, an Arizona superior court judge can declare a marriage null and void and annul it. The “plaintiff” (the party seeking annulment) should file an annulment petition, and the defendant should respond. Additional documents may be required, and both parties must adhere to the rules governing service of process. Both will be summoned to appear in court, where the court will hear testimony, consider written submissions and applicable law, and issue an order.

Because annulments have significant financial and custodial consequences, it is critical to consult with a lawyer prior to proceeding.

Certain individuals fear that if their marriage is annulled, the paternity of their children will be questioned. Technically, this is correct. Due to the fact that an annulled marriage is invalid, the children born of the “marriage” are illegitimate, as if they were born to single parents. This, however, is a technical distinction with little practical significance, as Arizona law provides that “every child is the legitimate child of its natural parents and is entitled to support and education in the same manner as if born in lawful wedlock.” Thus, all children in Arizona receive the same level of protection and support regardless of their parents’ marital status, whether they are divorced or never married. While that statute does not affect parental rights, the courts in Arizona have also determined that parents of children born outside of marriage have co-equal custody of their children once paternity is established.

In Arizona, a presumption of paternity is created (a strong legal assumption that the alleged father is the biological father) if any of the following are true:

the father and mother were married within the ten months preceding the child’s birth, or the child is born within the ten months following the marriage’s termination by death, divorce, or annulment.

Genetic testing establishes at least a 95% probability of paternity.
A birth certificate is signed by both the mother and father of an unmarried child, or
Both parents sign a notarized or witnessed statement acknowledging paternity.
Thus, the majority of children born out of annulled marriages in Arizona are almost certainly covered by a paternity presumption. If a father wishes to contest this presumption, he must establish his paternity through “clear and convincing” (very strong and substantial) evidence.

Additionally, the Arizona court hearing the annulment case will determine parentage and enter custody and child support orders.

Because an annulled marriage is legally regarded as never having been valid, courts in the majority of states lack the authority to award alimony or divide property or debts. This is because there cannot be a marital estate without a valid marriage. However, Arizona is unique in that it has a more generous statute. According to Arizona law, when a marriage is annulled, the courts must divide the property between the spouses.

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Regular Post

Written by Canterbury Law Group

30 January 2019

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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Regular Post

Written by Canterbury Law Group

15 January 2018

Holidays and Parenting Time in Arizona

The end-of- the-year holiday season is typically the biggest time of the year for many families to get together. If the parents are divorced, the Christmas season could bring forth new disputes. It’s very important to protect children from any sort of drama during the holiday weeks, especially when they expect to spend their school vacation enjoying themselves. In Arizona, the divorce decree usually also includes a separate parenting time plan that lays out who time is shared over the holidays.

Holiday Parenting Time Under Arizona Law

The family courts in Arizona have a statutory requirement for divorcing couples with children to provide a holiday schedule. Under A.R.S. §25-403.02 (C), this plan must include a “practical schedule” for how parenting time is allocated during the holidays. There should be specifications for with whom the child would reside, how the child should be transported, and a reconciliation method in case disputes arise.

Parents should specifically arrange a parenting time plan for the year-end holidays. Unlike other vacation times, the November-December period involves many public holidays, seasonal celebrations, and family gatherings. The child might require transportation more so than during other long holidays like the summer vacation. It’s highly recommended that divorcing parents get family law help in Scottsdale to come up with a reasonable plan.

Organizing a Parenting Time Plan for the Holidays

Very generally speaking, parenting plans during the holidays can be developed in three primary ways. First, some parents agree to have the children for Christmas every other year. For example, mom could have the kids for Christmas and Thanksgiving during even years, and dad during the odd years. Some parents divide holiday time evenly during the day. For example, the kids would spend Christmas mornings with mom and the evenings with dad. Other parents designate certain holidays for themselves. For example, the kids may spend every Thanksgiving with mom and Christmas with dad.

Of course, parenting plans can be adjusted according to different religions and cultures. Adjustments can also be made depending on the vacation time the parent gets. However, it’s very important to have the holiday season planned ahead and in writing. The arrangements are ideally made months in advance unless it’s already specified during the finalization of the divorce. But practical concerns do arise every year, so ex-spouse’s with children should make arrangements early.

Be Specific with the Details

More importantly, divorcing parents must make sure the parenting plan is highly specific. For example, separating parents may decide to give mom the kids for Christmas during even years. But that’s a very basic provision. Is “Christmas” limited to just Christmas day? Will the children require transportation from parent to parent? On which day and at what time will the kids be dropped off and picked up again? These specifics should be handled in the parenting plan.

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Written by Canterbury Law Group

11 December 2017

Prenups are in Higher Demand Among Millennials

Millennials are a lot more likely than their parents to require a prenuptial agreement prior to walking down the aisle. This generation also has fewer qualms about getting a prenuptial than their parents’ generation, according to the latest survey data from the American Academy of Matrimonial Lawyers (“AAML”). The AAML found that more than half of attorneys polled recently said that more millennials have requested prenuptial agreements. Only a small 2 percent of lawyers said that they had seen a decrease in millennial prenups.

A Rising Trend

Unlike their baby boom parents, millennials are less likely to view marriage through rose-colored glasses. Millenials are getting married later in life on average compared to their parents. Not only are millennial soon-to-be-married couples older, they have also had time to accumulate significant assets that they will not want to lose in case of a subsequent divorce.

Interestingly enough, it’s the millennial women who are driving the rising trend among would-be spouses demanding prenups. In the past, a prenup involved an often-wealthy groom asking the bride-to-be to sign an agreement. Prenups were more common among families with money, but now individual wealth can be the deciding factor. This is particularly true in technology and startup companies where one spouse-to-be has accumulated significant stock and stock options prior to marriage.

What Millennials Want to Protect with Prenups

It was the norm for prenups to once protect inherited wealth. Not anymore, at least not significantly with the millennial generation. What millennials want to protect the most with a prenup is intellectual property, according to Bloomberg. Rather than protecting the family farm against a divorce, millennial spouses want to protect software, apps, songs, films, or screenplays. Interestingly, most of these assets are not even in existence when the couple gets married. What millennials really want is to protect future assets, especially creative ideas, from divorce proceedings.

Millennials included in the AAML survey responded that the most common reason for getting a prenup is the “protection of separate property.” The other two factors that mattered the most were spousal support or alimony and the division of property.

After intellectual property, millennial couples also increasingly include real estate holdings in the agreements. The “millennial prenups” are rather new. However, millennials can specifically request a prenup agreement that includes potential assets from a divorce attorney in Scottsdale.

Taking Stigma Away from Prenups

As millennials start requesting more prenups from their partners, the stigma surrounding such agreements could soon largely disappear. It used to be that couples didn’t want to discuss assets before getting hitched. It’s possible that millennials are learning from the mistakes of their parents, who were more likely to divorce than their own parents. Perhaps getting married later in life makes couples cognizant that not all marriages last a lifetime, but sometimes only a decade, or less. Moreover, for couples who do not have children, the property disposition during a divorce can be even more important.

However, millennials do not need to worry about divorces like their parents did. The divorce rates are actually in decline nationally. It’s definitely a sign of changing times, or rather, being aware of the facts when getting married.

Many experts do agree that prenuptial agreements in general can be healthy for couples getting married. These agreements can protect individuals against acrimonious and expensive divorce proceedings later in life. It set’s the couple’s mutual expectations early in the marriage, and no illusions are in place about what happens years later in the event of divorce.

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Written by Canterbury Law Group

18 October 2017

The Role of Parenting Coordinators in Arizona Child Custody Cases

Arizona Rules of Family Law, under Rule 74, allows judges to appoint a parenting coordinator in divorce and child custody cases. So what exactly is a parenting coordinator? How will having one affect the case? Are parenting coordinators good for children? This article will touch on these questions and briefly explain how parenting coordinators could benefit (or not) from a family law dispute.

What are Parenting Coordinators in Arizona?

Recently, many states have begun to appoint parenting coordinators in child custody cases. Arizona has had a parenting coordinator rule since 2011, and it was amended in 2016. A parenting coordinator, in simple terms, is a third party appointed by a judge to resolve or alleviate disputes between parents fighting for child custody. Many types of professionals can be appointed as a parenting coordinator. Usually, a child psychologist, a therapist or even a family law attorney is appointed a parenting coordinator.

In Arizona, parenting coordinators have what’s called “quasi-judicial” authority. This authority is limited under the law. Parenting coordinators cannot actually change how legal decisions are made in the child custody case. However, parenting coordinators have the authority to step in and resolve some disputes arising from conflicts not specified in the court-approved parenting plan. Both parents must agree to use a PC for each one year term assigned by the judge. If at any time the other parent does not want the PC term to renew, the PC concludes their term and is no longer involved.

What do Parenting Coordinators Do?

It’s important to understand that parenting coordinators cannot change any clauses in the parenting plan. But other things that parents disagree with, which are not explicitly stated in the plan, can be resolved with intervention from the parenting coordinator. Think of a PC as a referee—hired by the court—to keep the case out of court ideally.

Parenting coordinators, for example, can step in and help when parents disagree about pick up and drop off locations of kids when sharing joint custody. Parenting coordinators can also resolve other problems with regards to holiday scheduling, meeting dates and times, and after-school activities. The law allows parenting coordinators to resolve disputes related to personal care, health, school choice, discipline and managing problem behavior in children.

Parenting coordinators, however, are not judges and their authority to solve issues are limited by law. Therefore, it’s still highly recommended to get Family Law help in Scottsdale if you and your ex cannot civilly agree on how the kids are taken care of. It’s best to have a parenting coordinator and a lawyer present during the case. If you want to change the parenting plan, it will require the assistance of a family lawyer and go to court by formal motion to the judge.

Why Have a Parenting Coordinator?

Divorcing parents can disagree on many things from serious issues like children’s health to minor problems like how to cut a child’s hair or ear piercings (it happens). Parenting coordinators can step in and restore sanity to a situation when parents are unable to negotiate peacefully.

The alternative to having a parenting coordinator is time-consuming litigation. When parents are fighting over an issue related to custody or the parenting plan, finding a court resolution to the issue involves modifying existing court orders. Doing so means that both parents have to undergo costly litigation that could take months or years. Therefore, having a parenting coordinator is more cost and time effective—so long as both parties agree to the formal one-year appointment of a PC.

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Written by Canterbury Law Group

14 August 2017

Some Facts about Arizona’s Adoption Law

Arizona allows any adult to adopt a child. Parents, grandparents, step parents, or non-related individuals can file a petition to adopt a child in the state or from outside the state. Here are several legal facts about Arizona’s adoption laws:

Adoption Eligibility

Arizona allows married, unmarried, and legally separated adults to legally adopt children. A married wife and a husband can jointly adopt a child. However, an unmarried couple may face certain legal restrictions when jointly adopting. It’s recommended to consult with local family law help in Scottsdale if you are an unmarried person with a partner who wants to jointly seek adoption of a child.

Adoption for Same Sex Couples

In Arizona, couples in same sex marriages can adopt children either individually, or as step parents. The law is unclear on whether same sex marriage couples can jointly adopt a child. The law could change soon, so it’s highly recommended to seek legal help if you and a same sex partner are seeking joint adoption.

Child’s Eligibility for Adoption

A child must be below the age of 18 to be adopted in Arizona. Also, the child must not be an illegal immigrant alien in the state when the adoption petition is filed. Foreign children can be adopted as long as they are not present in the state as an illegal alien defined by state law. Importantly, the child has to be free in legal terms to be adopted. The term refers to custody arrangements. The child’s birth parents, if present, must formally give their consent for the child to be adopted. If the birth parents are deceased or if their rights have been terminated by a court order, then this consent form is not necessary.

Foreign Adoptions Follow the Hague Intercountry Convention

All foreign adoptions in the U.S., including in the state of Arizona, are conducted according to the Hague Convention on Intercountry Adoption. The original country the adoptee comes from must also be a part of this Hague Convention for an adoption to take place. It should be noted that the U.S. bans adoptions from some countries, like Russia, even if these countries are party to the Hague Convention. Foreign adoptions can be a lengthy and expensive process. You should speak with a lawyer who knows immigration law to petition for a foreign adoption.

Non Relatives Require Court Certification

If the to-be adoptive parent is unrelated to the child, as an aunt or a stepparent, then the adult must obtain a court certificate to show eligibility. These certifications follow what’s called a “home study” carried out by an approved adoption agency in the state, an official from the Arizona Department of Economic Security, or a court officer. The study will involve an assessment of social, financial, and other qualifications of the prospective adoptive parents.

Birth Mother’s Husband’s Consent is Necessary

Arizona maintains that a married birth mother’s husband must give consent to the adoption. If the birth mother is married, her spouse must give consent even if he is not the biological father of the adopted child. If the biological father is not married to the mother, he must be notified of the adoption before it takes place. The biological father will be given 30 days to respond to the notification with paternity action.

Adoption, in general, is a straightforward process but some factors can complicate it. You must seek help from an experienced attorney to make sure the process goes smoothly.

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Written by Canterbury Law Group

21 July 2017

Marriage Annulment in Arizona

Marriage annulment is a term many people have heard of, but only a few really understand. Forget about what you may have heard about annulment on TV. There are actually two types of marriage annulments: civil and religious. A religious annulment is granted by a religious institution like a church and its clergy. Civil annulment is granted by a court of law and affects your legal civil status. This article explains civil annulment.

What is Civil Annulment in Arizona?

Civil marriage annulment takes place when a court declares that a marriage is not valid but void. It means that the court legally declares that for legal purposes the couple was never married. It can be confusing, but if what was considered a marriage was not obtained in accordance with legal requirements for marriage in Arizona, the court can annul the marriage. It’s sort of like a court “erasing” a marriage. It is as if the marriage literally never happened.

The Two Types of Civil Annulment

Courts in Arizona classify annulments in two ways as voidable marriages and void marriages. A void marriage is a union that was not valid from the beginning. Arizona has a list of prohibitions for marriage, such as incest, which would make a marriage completely invalid. If a biological brother and a sister got married, this is not a marriage that the state recognizes as valid, and therefore would incur in a void annulment. There are several other methods by which a marriage can be deemed void and you should consult a family law attorney for more details.

A voidable annulment is where one party can seek an annulment from a court. For example, if one spouse was deceived into marrying the other, the wronged spouse has the right to request a voidable marriage annulment. Deception grounds can include, for example, failure to consummate the marriage by one partner refusing to ever have sex with the other spouse at any time after the ceremony. Again, consultation with legal counsel is critical before you seek annulment.

Is an Annulment Any Different from Divorce?

Getting a divorce involves going through often-lengthy court proceedings to formally end a marriage. The important difference between divorce and annulment is that in the case of the former, the courts recognize the marriage as valid, and thus to end it there must be divorce proceedings according to the law. Annulments do not require going through lengthy court proceedings. Once a judge declares a marriage invalid, it’s no more. It typically can occur far faster than a conventional divorce litigation.

It should be understood that not all annulments are quick and painless. There are very specific grounds under which a marriage can be annulled. Absent qualification for such a remedy, your case will be diverted to a conventional divorce resolution like everyone else.

What are the Grounds for an Annulment?

Under Arizona law, there is a list of “void and prohibited marriages.” Any marriage that falls in this category is not recognized by the state as valid. Arizona prohibits marriage between parents and children, between grandparents and grandchildren, between whole or half-blood brothers and sisters, between first cousins (but only under certain conditions), and between uncles or aunts and nieces and nephews. Same sex marriage was also once considered “void and prohibited”. However, recent Supreme Court rulings have changed that. Same sex marriage is now legal and the law of the land.

There are other reasons a spouse can request an annulment, such as fraud, deception, coercion, intoxication (when getting married), underage marriages without parental consent, mental illness, “mock” marriages, inability to consummate the marriage, bigamy, and incest. To know for sure if your marriage can be annulled, get family law help in Scottsdale.

If the couple has children, the annulment proceedings will determine which party should be responsible for the children. The court may not recognize certain property as “marital assets” if the marriage is considered void. You should contact a lawyer with specifics to find out how annulment proceedings may affect children or assets. Annulment compared to divorce can generate a significantly different outcome in property allocations in any divorce or annulment scenario.

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