Scottsdale law firm Archives - Page 8 of 13

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Written by Canterbury Law Group

16 January 2017

Child Custody Tips for the New Year

During the New Year, many parents strive to improve child custody situations. As authorities in Scottsdale child custody, the lawyers at Canterbury Law Group can offer suggestions to help ensure your success:

Be Actively Involved – Make sure you are able to demonstrate that you are significantly involved in your child’s life by taking an active role in the care, development, and discipline of your child. If the child is young, participate in feeding, bathing, walking, reading, napping and medical care. As they grow older, take part in their educational development and extracurricular activities. Get to know your children’s teachers, doctors, counselors, and coaches. Your ability to demonstrate the extent and quality of time with your child prior to and post separation is critical. If the other parent is interfering with your involvement, document your attempts and the resistance that you are receiving.

Establish a Physical Custody Schedule – If you live separately from the other parent, it is critical that you negotiate a physical custody schedule that accurately represents your long-term goal of shared parenting, ideally before a custody petition or court complaint has been filed. If you currently have a visitation agreement, make every effort not to miss any of your scheduled time.

Promote Involvement of the other Parent – Show that you encourage the contact and active involvement between your child and the other parent. Unless clear evidence shows the child is in danger while in their care, the Family Court will frown upon your interference with the child’s relationship to their other parent.

Provide a Healthy, Stable Environment – Present a safe, nurturing and stable environment. Demonstrate that you provide a healthy environment by maintaining a steady, clutter free home with a bedroom for your child and a safe play space. Provide regular, nutritious meals and keep a record of your grocery receipts. Get those kids to bed early and to school on time.

If you need assistance with your custody or joint parenting plan, contact the Phoenix divorce attorneys at Canterbury Law Group! We can help ensure the New Year is enjoyable for all.

Regular Post

Written by Canterbury Law Group

11 January 2017

Tips if Divorce Is Your Resolution in the New Year

If you are considering filing for divorce in the near future, you are not alone. The month of January has long been marked down in the calendars of family law attorneys, including the Scottsdale divorce lawyers at Canterbury Law Group, as “Divorce Month.” In fact, many firms see an increase in the number of consultations upwards of 30 percent beginning the Monday after New Year’s.

While contributing factors vary, the fact remains that many couples will begin this year with a resolution to end their marriage. No matter the reason, there are many things that anyone looking into divorce for the first time needs to know that will help them get through the process smoothly while protecting their rights:

1. Do not move out of the marital home – If you wish to keep yourself in a good position to obtain a fair custody arrangement and also want to mitigate potential financial burdens, do not pack up and move out of the marital home. This is one of the top mistakes that many spouses continue to make, and it can start you off at a disadvantage out of the gate.

2. Research divorce laws for your specific state – There are very few, if any at all, states that have identical laws regarding the various aspects of divorce. You will want to do plenty of research over areas that you know may come up if you and your spouse decide to split specific to your local jurisdiction.

3. Set up a consultation with an attorney – Even if you aren’t certain you will need to retain an attorney or that you will even end up filing for divorce at all, it is a really good idea to meet with an expert familiar with your state’s divorce laws. Many attorneys and firms offer initial consultations, though even when there is a charge, it is well worth the fee to get accurate information you can trust as you plan your next move.
If you’re looking for a Scottsdale divorce attorney and / or family law attorney, contact us today. Any delay can affect your future and the wellbeing of you and your children.

Regular Post

Written by Canterbury Law Group

6 January 2017

Tips to Avoid Losing Money in the New Year

The Scottsdale lawyers at Canterbury Law Group are authorities in bankruptcy matters. As we enter the New Year, we realize that many Scottsdale residents are trying to improve their financial affairs. Unfortunately, the world is full of opportunities for you to give up your hard-earned money unwisely. Becoming an informed consumer is a big step toward avoiding these minefields—and developing the financial power that will keep you out of debt troubles.

Here are some tips for today on how to avoid money traps.

Avoid the “Free” Trial Offer – Ever wonder why businesses are willing to offer that free trial? Sure, it may build customer loyalty and maybe you’ll happily become a repeat buyer. But companies know that many of us will never read the fine print and the vendors typically make no attempt to remind us when the free period is over. Instead your “free” subscription or service converts to a paid one. You are left with an unwanted monthly expense and now they have a steady revenue stream. It is often challenging, if not impossible, to terminate these subscriptions.

Skip upgrades and add-ons – Upgrades at fast food, electronics, retailers and car dealerships make for huge profits so companies really push them. To avoid this trap, do your homework. Know ahead of time what you really want. For example, quiz your insurance agent about how much your own insurance covers you in a rental car. If you later decide an extended warranty or other add-on is appropriate, fine. If not, just say NO. And stick to it.

Don’t co-sign for others – Remember, your best friend or family member can lose their job, and when they do that car will be repossessed and the bank will be coming after you—for the entire unpaid balance.

Filing bankruptcy can seem overwhelming. However, at Canterbury Law Group, we will represent you through the entire process and fight diligently to secure your fresh financial start. Call us today to schedule your consultation. We can put you on the path to reach financial success!

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Regular Post

Written by Canterbury Law Group

28 December 2016

5 Types of Protective Orders in Arizona

Canterbury Law Group specializes in obtaining orders of protection in Scottsdale. In Arizona there are five types of protective orders:

Order of Protection – A person who believes her/his safety is in danger due to domestic violence or harassment can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home. However, it is only a piece of paper. You must also take steps to insure your safety.

Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.” An Emergency Order may be used to order a person not to commit acts of domestic violence or contact people protected by the order. Similar to the Order of Protection, it also provides protective relief, such as exclusive use of the home and removing firearms from an abuser. Unless continued by the court, an Emergency Order is valid only until the close of the next day of judicial business following the day that the Emergency Order was issued.

Release Order -In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons. Within twenty-four hours after a defendant is arrested for an act of domestic violence, the court must forward a certified copy of the Release Order to the sheriff of the county in which the Order was issued for registration. The sheriff must maintain a central repository for Release Orders so the existence and validity of the Release Order may be easily verified. Law enforcement agencies are required to advise domestic violence victims where registration and the conditions of a Release Order may be verified. Faced with a violation of a Release Order, a victim may summon a peace officer to enforce the conditions of the Order against the defendant.

Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who are or were dating. Harassment is defined as: “a series of acts over any period of time that is directed at a specific person….” The relationship between you and the other person determines which protective order will be used for your situation. The Injunction Against Harassment differs from the Order of Protection in that exclusive use of the home cannot be ordered and the police are not mandated to serve the Injunction.

What is the Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, any person who enters the employer’s property and any person who is performing official work duties. This allows the inclusion of numerous people under the protective umbrella of this Injunction, whereas the “personal” Injunction Against Harassment is usually between two people. Harassment for this injunction is defined as: “a single threat or act of physical harm or damage or a series of acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed.” A qualification was included which ensures that the employer may not seek an injunction primarily to accomplish a purpose for which it was not designed (i.e. prohibit free speech or other activities that are constitutionally or otherwise protected by law.)

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence. Contact our Scottsdale lawyers today to schedule your consultation.

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Regular Post

Written by Canterbury Law Group

22 December 2016

Technology Used in Shared Custody

The Scottsdale custody attorneys at Canterbury Law Group have seen firsthand that technology is an invaluable tool for parents dealing with shared custody. In fact, it has become so commonplace in divorce arrangements that technology has even become part of the formal legal process, a development that both divorce lawyers and judges applaud.

Here are some technologies that are being applied to custody cases to help ensure success:

Email and Text Messages – E-mail and texting alone have practically revolutionized post-divorce family relationships. Sending a message can be a great option for communication amongst co-parents, especially for couples who may not yet feel comfortable with the divorce or separation. Necessary information can be relayed to the other party with the ability to review the message before sending it, something that talking face-to-face communication does not offer.

Cell Phones – Parents are often required to buy a cell phone for their child, and call times are recorded to ensure an adequate amount of time is spent talking to each parent. In addition, with a parent calling children directly on their phone, there’s no possibility of a bitter intermediary exchange between parent and parent. It’s also important that parents identify rules associated with the phone, such as times it may be used and which parent is paying for the device, to eliminate any potential problems.

Video Chat – Many joint custody arrangements will stipulate weekly video chat sessions between parent and child while they are apart. Apple’s Facetime, Google’s Hangouts, and Skype are some of the more popular video chat options that are free and can be conveniently accessed on a smartphone. It’s often suggested to add these video chat sessions to the calendar so they’re accounted for.

Custody Communication Tools – When relationships weaken to the point of legal action, courts are now ordering ex-couples to work out their differences via technology. New online custody tools are emerging that have been specifically designed to regulate the communication between both parents. For example, online tool called Our Family Wizard has been utilized by Judges around the country. The program’s goals include easing custody matters and helping parents increase the opportunity to have a healthy and harmonious relationship not only with their child but also with their former spouse. With this program, lawyers supervise e-mail exchanges between the ex-couple, ensuring that each party responds to the other in a timely manner. All e-mails are time dated and tracked.

Interactive Online Calendars – Using online calendar programs can help parents keep up with the day-to-day activities of their children and as a way to keep track of visitation times. For example, 2Houses is an app that was created to help divorced parents schedule and better organize their children’s activities. One of the main features that the app offers is the Calendar, which enables everyone to view an online schedule to ensure that every family member is always on the same page.

If you’re looking for a Scottsdale divorce attorney and/or family law attorney contact us today. Any delay can affect your future and the well-being of your children.

Regular Post

Written by Canterbury Law Group

14 December 2016

Obtaining Alimony in Arizona

In Arizona, alimony is still awarded in divorce cases. However, it is crucial to find a well versed Scottsdale divorce lawyer who can help you get what you deserve.

Alimony in Arizona is typically called “spousal maintenance.” When spouses separate, one person may be unable to pay for regular living expenses after the divorce is final, in which case a judge may require the higher earner—whether that is the husband or the wife—to assist the lower earner financially for at least some period of time.

To award spousal maintenance, a court must find that one spouse has the financial need and the other has the ability to pay after first paying their own personal expenses. An Arizona court may determine that need exists if one spouse:

does not have enough property—even after the marital distribution—to provide for their reasonable needs
contributed to the other spouse’s educational opportunities, or
is unable to be self-sufficient through appropriate employment post-divorce.

The courts will typically award alimony at a rate which usually ranges from 16% to 33% of the higher earning spouse’s gross monthly income for a term of years which is usually between 1/4 to 1/2 the duration of marriage. For example, if the husband has an income of $10,000 per month and the wife works part-time and earns $1,400 per month, the wife should expect $1,600 to $3,300 per month. A 10-year marriage would equate to 2.5 years to 5 years of spousal maintenance. Again, every case is fact specific and no result can be assured, but these ranges have been witnessed in many previous litigated cases.

Couples may enter into their own private agreements either waiving maintenance entirely or providing that neither will seek any changes to maintenance in court. Unless they make such an agreement or unless the final divorce order says otherwise, either spouse may request a court to modify or terminate periodic payments due to a substantial and continuing change in circumstances. Payments end when the term of an award expires, when the recipient spouse remarries or upon the death of the recipient spouse.

The Scottsdale divorce attorneys at Canterbury Law Group have represented women and men in their Arizona spousal maintenance cases. To discuss your options in a Scottsdale divorce, call us today to schedule a consultation. 480-744-7711

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Regular Post

Written by Canterbury Law Group

14 December 2016

Scottsdale Bankruptcy Options in the New Year

The Scottsdale bankruptcy attorneys at Canterbury Law Group are authorities in bankruptcy. For those struggling with their financial affairs, there are laws that provide for the reduction or elimination of certain debts, and can provide a timeline for the repayment of non-dischargeable debts. It also permits individuals and organizations to repay secured debts with more favorable terms to the borrower.

During December and January, we have many clients looking at options to refresh their finances in the New Year. If you are considering filing for bankruptcy, there are four types of bankruptcy cases to choose from:

Chapter 7 is commonly referred to as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors.

Chapter 11, also known as “reorganization”, is used by businesses and a few individual debtors whose debts are very large.

Chapter 12 is used only by family farmers.

Chapter 13 is called “debt adjustment”. It requires a debtor to file a plan to pay debts (or parts of debts) from their current income.

Most people filing bankruptcy will file either chapter 7 or chapter 13 and either type of case may be filed individually or by a married couple filing jointly.
It is no surprise that filing bankruptcy can become tedious and overwhelming. At Canterbury Law Group, we will represent you through the entire process and fight diligently to secure your fresh financial start.

Call us today to schedule your consultation. We can put you on the path to reach financial success!

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Regular Post

Written by Canterbury Law Group

6 December 2016

3 Reasons to Skip Mediation in Your Divorce

Depending on individual divorce circumstances, the Scottsdale divorce attorneys at Canterbury Law Group may or may not suggest mediation in divorce. For a divorce mediation to be successful and end in a fair and equitable settlement, several factors need to be present. First, both of the parties should have similar financial circumstances, including equal earnings and relatively equal separate assets. Second, both parties should be equally agreeable to the divorce, and they should have an amicable relationship with one another. Third, both parties should have an excellent understanding of the other party’s income and finances, and have equal access to the other’s financial statements. Finally, both parties need to be equally competent negotiators and be in equal negotiating positions. If any of those factors are not present, the divorce is not a good candidate for mediation. Thus, you should proceed with caution before electing mediation.

If you are considering mediation, here are reasons you should think twice before proceeding.

1. No one is looking out for your interests – it is not the job of the mediator to look out for your interests. Rather, the mediator’s job is to act as a neutral party to facilitate the parties reaching their own agreement. In fact, since a mediator is legally bound to be neutral, he or she cannot alert or advise you if an agreement is unfair. Worse yet, some mediators will subtly push the parties into accepting an unfair agreement simply so they can claim that the mediation was a “success.” This is why you are supposed to retain a divorce attorney to advise you in the background during the mediation process.

2. Mediation can cost as much or more than a traditional divorce – People often choose mediation because they think it will be less expensive than a regular litigated divorce. While it can be, this is frequently not the case. People entering mediation are almost always surprised to hear that they should hire their own attorneys to represent them in the background during the process. Once they hear that advice, much of the appeal of mediation disappears. That is why most people ignore that crucial advice, and proceed with mediation without representation. Another, frequently overlooked aspect of mediation that can end up making it more expensive than traditional divorce is the high risk of an unfavorable marital settlement agreement. Lack of knowledge about your spouse’s financial assets, ignorance of the law, and poor negotiating skills can easily cost you tens or hundreds of thousands of dollars when you end getting less than you otherwise would have if you had retained a divorce attorney. You have not saved money if you negotiate a poor marital settlement agreement.

3. There is no guarantee you will settle your case in mediation – If you do proceed with mediation correctly and hire a divorce attorney to represent you in the background, mediation will likely cost you and your spouse anywhere from $10,000 to $30,000 — and you may not succeed in reaching an agreement with your spouse. If you don’t reach an agreement, you may have to start the process over again with traditional divorce litigation. And any money you have spent on mediation will have been wasted, sent down the drain.
To discuss your options in a Scottsdale divorce, call us today to schedule a consultation.

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Regular Post

Written by Canterbury Law Group

29 November 2016

Gray Divorce After 50: The Increasing Importance of a Spouse Finding Employment

At Canterbury Law Group, the lawyers work with leading industry professionals in the Valley and beyond. Not only do we help our clients form impactful relationships that assist in their continued success after case resolution, but The Firm stays abreast of all matters that impact our client’s legal matters before, during and after the case is resolved.

Emerging trends have recognized that Americans aged 50+ and older are getting divorced at a higher rate than younger people. This trend, coupled with increasing life expectancy is leading to more emphasis being placed on the employment of dependent spouses to contribute to their income stream after a divorce.

People 50 and older comprised 25% of all Americans who got divorced in 2014, up from 8% in 1990, according to the National Center for Family and Marriage Research. Those who quit their marriage late in life can substantially reduce their standard of living and sacrifice their retirement security due to a number of factors. It’s a lot more expensive to live in separate households, and when retirement savings must be divided. Both spouses’ income sources need to be maximized before and after retirement when a divorce occurs.

One Arizona expert witness, Bradford H. Taft, MBA, CMF, SPHR, SHRM-SCP, CFLC, Managing Director of Taft Vocational Experts and Chief Career Strategist of Taft Career Group, has provided valuable information for adults choosing to divorce later in life both during and after a case has resolved.

The traditional role of a divorce vocational expert is to evaluate a spouse’s earning capacity, conduct a labor market analysis, and opine on a spouse’s employability and earning capacity for consideration in determining spousal maintenance and/or child support. By providing these analyses and conclusions, vocational experts play a valuable role in the divorce process.

Vocational evaluators who have a strong understanding of the career transition process including how to plan and implement effective job search campaigns, post-divorce, can bring a high level of efficiency in helping a spouse find a new job. This is especially valuable to a spouse who has been out of the job market for an extended period of time and needs to locate employment as soon as possible. No parent or spouse wants to start over—however, a seasoned vocational expert witness can help bridge that gap.

Here are three steps from Taft Vocational Experts to planning and implementing a “Job Search Campaign” that a vocational expert can assist with:

1. Career Assessment and Objective Setting – In the vocational evaluation during divorce proceedings, an expert gathers information and then evaluates a spouse’s education, interests, skills, knowledge, and experience to determine what career options are the best fit. Then they conduct a labor market analysis to assess the likelihood that an individual can get a job, and what they can expect to earn, both immediately and in the long-term. By continuing to work with the individual to focus on career objectives that match their talents and interests, a vocational expert helps the individual to effectively concentrate on a realistic career direction.

2. Written and Verbal Communication – Once the career objective has been established, it’s time to write a resume along with creating other communication tools to broadcast one’s talents and interests to the job market. A vocational expert can help the job seeker create a strong message that shows how their talents can contribute to the success of organizations.

Verbal communications include brief (30 and 60 second) personal branding statements to effectively introduce themselves in networking situations. Preparing for job interviews includes anticipating what questions a prospective employer will ask as well as creating a list of questions that the candidate wants to ask the employer.

3. Effective Sources of Job Leads – After career objectives have been set and communications tools have been developed, the job seeker is ready to use a number of sources to identify job leads. Surveys show that networking to develop referrals into perspective employers is still the best way to find a new career opportunity, so specific emphasis is placed on how to identify referral sources, develop relationships and get introduced to hiring managers. The Internet has revolutionized the job search process, so learning how to use it effectively to research companies, support networking strategies, identify job postings, and submit applications is also important.

By following through to support a spouse in planning and developing an effective job search campaign, the vocational expert can assume an expanded role in ensuring a positive outcome to the divorce process.

If you or a friend are contemplating divorce or going through a divorce case now, consider our lawyers and staff as your top resource to help you garner your best results in such a challenging life transition. Email the firm today at [email protected] or call 480-744-7711 for a complimentary consultation.

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Regular Post

Written by Canterbury Law Group

16 November 2016

Managing Out of State Court issued “Orders of Protection” While in Arizona

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection and navigate the way when dealing with out-of-state orders. They also help defend and quash false allegations from parents who wrongfully obtain orders of protection. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some answers to common questions:

1. Can an out-of-state order of protection be enforced in Arizona?

Yes. An order of protection can be enforced in Arizona as long as:

It was issued to prevent violent or threatening acts, harassment or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.

The court that issued the order had jurisdiction over the people and case – (in other words, the court had the authority or power to hear the case.)

The abuser received notice of the order and had an opportunity to present his/her side of the story in court.

2. Can an out-of-state protection order be changed, extended, or canceled in Arizona?

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Arizona. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.

If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be challenging if no new incidents of abuse have occurred in Arizona. To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page at www.canterburylawgroup.com

3. If granted temporary custody with a protection order, will you still have temporary custody of your children in AZ?

As long as the child custody provision complies with certain state and federal laws, Arizona can enforce a temporary custody order that is a part of a protection order and make it an order of an Arizona court depending on the facts and legal issues presented.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711 or [email protected]

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