Divorce Mediation Attorneys in Phoenix

Providing Valuable Legal Representation to Clients Going Through the Mediation Process in Arizona

Family law legal issues like child support obligations, child custody arrangements, marital property division, and parenting plans often result in hotly contested legal battles before they come to a divorce settlement agreement. During such legal matters, you and your divorce attorneys may try a number of different negotiation tactics both in and out of family court in an attempt to resolve conflict and come to a mutually acceptable settlement. A peaceful divorce is not always possible, though, and sometimes these family law issues take divorcing spouses on the path to a costly divorce trial. For help resolving your family law case in Phoenix, AZ, we recommend hiring a mediation practice to help you and your spouse resolve conflict and negotiate.

Some divorcing couples are able to reach fair divorce settlements without the need for mediation sessions. For those who cannot reach terms throughout the entire divorce process, it is wise to consider mediation as an alternative dispute resolution (ADR). Divorce is a difficult process, even in the most agreeable and amicable circumstances. Hiring a private mediator to help you through the process is not a sign of weakness but strength.

The divorce lawyers of Arizona Family Law Attorneys are big advocates for the many benefits of considering mediation over beginning a litigated divorce. However, while a mediator can prove useful, it is also recommended that each spouse retain individual legal counsel when going into their mediation sessions. As your legal representatives, our Arizona law firm will be by your side throughout the entire mediation process to remind you of your rights, responsibilities, and vulnerabilities during divorce proceedings.

To learn more about our legal services, please get in touch with our family law firm today. We have extensive experience handling family law cases in and around the Phoenix area, and we would be proud to represent your legal rights throughout the mediation process.

What is the Arizona Divorce Process?

There are two primary types of divorce in Arizona: contested and uncontested divorces. A contested divorce tends to be more common than an uncontested one. In general, an uncontested divorce is cheaper, faster, and easier than a contested divorce. In an uncontested divorce, it is theoretically possible to file all the necessary legal documents cooperatively and then handle all the legal fees associated with the dissolution of marriage. It is recommended in contested divorces that each spouse retains their own individual divorce lawyer for legal representation.

In addition to the two primary types of divorce, Arizona law also recognizes covenant marriages. A covenant marriage is a type of marriage where the married couple agrees to divorce under certain limited conditions. In a covenant marriage, specific grounds must be met to dissolve the marriage. Covenant marriages are fairly rare in Arizona.

After deciding to get a divorce, you must start putting together important information. Bank statements, fees for your children’s education, and a list of shared and separate assets are required. In contested divorces, thorough paperwork can help resolve conflict. Please note that hiding assets can be met with harsh consequences.

You have not begun the divorce process in Arizona until you make the proper court filings and serve them to your spouse. In addition, you must make copies: one copy to file to begin your court case, another copy to keep for yourself (the petitioner), and one copy to serve to your spouse (the respondent). When you file your forms, you must pay the associated fees related to your petition for dissolution of marriage. Different Arizona counties have different filing fees.

Once the other spouse has been served, they have 20 days to respond. If they were served outside of Arizona, they have 30 days to respond. The Arizona divorce process also has a 60-day waiting period before the court will finalize a divorce. This 60-day waiting period applies even in uncontested divorces. The hope is that during these three months, the petitioner and the respondent might reconsider their decisions or resolve conflicts.

Courtroom hearings may not be necessary in all divorce cases. If you and your soon-to-be ex agree on all terms relevant to your divorce, you may file a consent decree. A family law judge will review the consent decree, and if they believe that both spouses are treated fairly, they will sign the decree and grant the divorce. If the divorce settlement is not agreeable and the two parties cannot come to terms, family law judges have the right to settle conflicts on various legal matters, including dividing marital property, parenting time, spousal maintenance (also known as alimony or spousal support), and legal decision making authority.

It is recommended that you retain the legal counsel of an experienced divorce attorney throughout the divorce process. Arizona Family Law Attorneys is experienced and knowledgeable in helping clients throughout the divorce process, with or without the involvement of mediation, and we would be proud to represent your legal rights throughout this difficult ordeal.

What Are the Benefits of Hiring Divorce Lawyers During the Mediation Process?

It is essential to consult with an experienced divorce lawyer before and during the mediation process. Your divorce attorney can help you understand the basic legal framework surrounding divorce proceedings and ensure that your personal interests are being looked after. Divorce lawyers can also help you during mediation negotiations by advising you on strategy and helping you reach the most favorable outcome possible.

Among the many divorce mediation services we offer, our legal team can also help review any agreement documents and ensure that they are legally sound and that your rights are protected. Arizona Family Law Attorneys is committed to providing compassionate, communicative, and honest legal representation to our clients who are going through difficult family law matters.

What is the Difference Between a Contested and an Uncontested Divorce?

In a contested divorce, the divorcing spouses cannot come to an agreement on a parenting plan, spousal maintenance, child support, and other legal matters. Contested divorces are often expensive and can lead to litigation. If possible, it is recommended for spouses to consider mediation before asking for a trial and allowing the judge to decide. Mediation gives you control over the outcome of your case. A good settlement is one that both you and your spouse can live with. Many times, that is not the case with a decision handed down by a judge.

In an uncontested divorce, the parties agreed to all aspects relevant to their divorce proceedings. Uncontested divorces are easier on all involved and tend to be cheaper as well.

Contested divorces can easily become uncontested divorces and vice versa. All that needs to happen is for the spouses to agree or disagree on critical matters relevant to their divorce for the type of divorce to change from one thing to the other.

Mediation may not be necessary in an uncontested divorce, but it could be what makes a contested divorce uncontested.

What is an Alternative Dispute Resolution?

Alternative dispute resolution allows divorcing spouses to avoid trials in their divorce proceedings. Choosing ADR over trial litigation allows the spouses to retain some control over the divorce proceedings and maintain the right to make decisions together.

Mediation, collaborative divorce, and arbitration are different types of ADR settlement processes that have been proven to help divorcing spouses through difficult family law proceedings.

In addition to divorce mediation, mediation can also be applied to couples going through legal separation, working out co-parenting agreements, and ironing out the finer personal details of child custody.

Mediation can be used before you file for divorce, during divorce proceedings, or after the final divorce.

What Are the Benefits of the Mediation Process Over Divorce Litigation?

There are several reasons to consider opting for divorce and child custody mediation over divorce litigation.

The benefits include:

Cost. In most cases, mediation is far less expensive than going to court to settle your differences. Fewer legal fees are necessary, and the process can be considerably quicker.
Faster resolution. When court intervention is necessary to resolve complex conflicts between divorcing spouses, the process can be time-consuming. Mediation allows both parties to negotiate and come to terms on areas of conflict at their own pace.
Less emotionally exhausting. Divorce can be hard on the spouses and their families. If the divorce case spills out into public court proceedings, things are likely to get even more difficult. Mediation, by its very nature, is meant to be non-adversarial. With the help of the mediator, the process encourages open communication in an attempt to resolve conflict between the two soon-to-be ex-partners.
Maintain control. When your divorce case goes to trial, everything is out of your hands. The family law judge will decide important matters like who cares for the couple’s minor children, how your assets are divided, and more. With mediation, the spouses have the opportunity to make their decisions together by meeting on some common ground.
Privacy. Divorce courtroom proceedings are a matter of public record. Meanwhile, the mediation process is private and confidential.

When Should Mediation Be Avoided?

While there are many benefits to choosing mediation over divorce litigation, mediation is by no means for everyone. There are certain situations where mediation should not be attempted for spouses or partners going through a separation.

Primary reasons to reconsider mediation include:

Emotional sensitivity. Although mediation is meant to allow both spouses a safe space to work out their differences in divorce proceedings, sometimes one or both spouses may be too emotionally charged to be open to communication with the other. It may be wise to let emotions simmer a little before beginning mediation.
History of domestic violence and abuse. If one spouse abused the other (or their children) in any way, it is considered inappropriate to attempt mediation sessions where the spouses are forced to interact.
Imbalances of power. Certain relationship dynamics have one partner holding far more power over the other. In such situations, it is typically inadvisable to attempt mediation as there is a risk of intimidation or inequitable decision-making.
Lack of good faith. Mediation requires both parties to come to the table with a willingness to negotiate and reach common ground. When one party is unwilling to compromise on any issue, mediation is unlikely to be productive.
Time sensitivity. If you do not have the time to engage in the mediation process fully, you should not even bother beginning it. Mediation requires time and commitment to resolve conflict.
Untreated substance abuse. Mediation may not be effective if one or both spouses have substance abuse issues.

Is Divorce Mediation in Phoenix Cheaper and Faster Than Taking Your Case to Trial?

Divorce mediation offers a cost-conscious resolution to divorce proceedings that can potentially save both spouses thousands of dollars. In the divorce mediation process, the mediator will either charge for their legal services hourly or charge a flat fee for the entire process.

Divorce mediation can potentially be faster than taking your divorce case to court. However, this is not always the case. It varies depending on the individuals and their issues.

What is the Role of a Divorce Mediator?

The mediator is a neutral third party who facilitates open communication between the divorcing spouses. The goal of the mediator is to help the divorcing parties reach a mutually satisfactory agreement. An Arizona mediator is often a current or former family law attorney.

In most cases, the divorce mediation process follows the following stages:

Orientation. The mediator sits both spouses down along with their respective attorneys and explains what they should expect from the divorce mediation process going forward.
Framing the issues. Each point of conflict will be reviewed, and both spouses will make their positions known on those issues.
Considering solutions. Your mediator will ask you to explore different solutions to each conflict and whether an agreement can be reached.
Negotiating agreements. Once a solution has been discovered, you and your spouse will come to a new agreement.

The mediator’s role is not to give you legal advice or pressure you in any way. They are trained to guide you throughout the mediation process, clarify the issues, come up with possible solutions, and help you negotiate a compromise. A well-trained mediator knows to keep things neutral and will not side with one spouse over the other.

How to Select the Right Mediator for Your Divorce Case?

Not sure how to choose the right mediator? Why is choosing the right one so important? Selecting the correct mediator for your divorce case could mean all the difference in the world, potentially saving your divorce from going haywire and ending up in a costly trial. A mediator should have the necessary knowledge and legal skills to show compassion and encourage open communication while still remaining a neutral party throughout mediation sessions.

Consider asking a potential mediator the following questions:

How long have you worked as a divorce mediator?
Do you have a background as a divorce lawyer?
What sort of mediation training do you have?
Do you have a background in behavioral psychology or clinical psychology?
How many mediation sessions can I expect?
Do you charge hourly, or is there a flat fee for your services?

Also, be sure to ask the mediator if they are okay with you retaining individual legal counsel and bringing your attorneys to the mediation sessions. If the mediator frowns upon this, they are probably not the right mediator for you. You want to have your divorce lawyer in your corner throughout mediation sessions to remind you of your rights and responsibilities and ensure that you are not taken advantage of by your spouse.

What Family Law Matters May Be Discussed in the Divorce Mediation Process?

There are many legal expenses associated with divorce litigation. It is highly recommended that you hire an impartial mediator for your divorce case, if possible. You and your spouse may be able to work with the neutral third-party mediator to reach common ground on several family law matters that have previously been too difficult to resolve.

Family law issues that could be resolved by reaching an agreement in divorce mediation include the following:

Allocation of debt.
Asset value.
Child support obligations.
Division of marital property.
Parental legal decision-making authority.
Parenting time.
Spousal maintenance.
The distribution of insurance benefits and retirement plans.
The preparation of taxes.
And potentially more.

How to Prepare for the Phoenix Divorce Mediation Process?

Divorce mediation tends to be most successful when both parties come to the table prepared and willing to compromise.

Once you and your soon-to-be ex-partner agree that mediation is the right course of action, it’s time to start getting organized. You will need to make a thorough list of everything you believe is separate or marital property. This may include real estate, personal valuables, vehicles, insurance policies, debts, stocks, and bank accounts. Also, income sources such as pay stubs, Social Security payments, and pensions should be gathered.

Before the mediation sessions begin, sit down with your spouse and have a well-meaning conversation about the points of conflict you want to mediate and hopefully resolve. You want to have a set list of achievable goals.

Throughout the mediation process, never forget your children (if you have children, of course). Divorce has been shown to impact children negatively, and they must be aware of what’s going on. Many believe that it would be better if you both talk to your children together.

Always try to keep an open mind. Your spouse and the divorce mediator may come up with solutions that you do not expect or initially may not like. However, you must be willing to compromise and be agreeable to resolve family law conflicts.

Schedule Your Initial Consultation with Arizona Family Law Attorneys Today

Having an experienced divorce attorney by your side throughout the divorce mediation process can help ensure that your rights, responsibilities, and interests are properly cared for. They can also help ensure that any divorce agreement or settlement is fair and equitable.

Arizona Family Law Attorneys proudly helps clients throughout the mediation process. We are also familiar with many mediators across the Phoenix area and would be happy to connect you to a reputable mediator to help you through the process.

There are better solutions than divorce litigation, and mediation is just one of them. To learn more about the divorce mediation process and whether it is the right course of action for you and your spouse to take, please contact our family law firm to schedule your initial consultation today. You may reach us at 480-448-0608. We look forward to speaking with you.