Category Archives: Collaborative Divorce

Amicable divorce is a type of civil divorce where both spouses agree to the conditions and terms of property division, child and spousal support, custody, and visitation. In other words, an amicable divorce is a peaceful divorce or uncontested divorce.

How to File for Amicable Divorce?

1. Select the appropriate court.
2. Download and print the uncontested divorce petition papers
3. Complete the petition
4. Make 3 copies, sign, and date all copies in front of a notary
5. File one copy with the appropriate court
6. Serve one copy to your spouse through intermediary such as professional process server or county constable, pay filing, fee and wait 30-90 days
7. Prepare divorce settlement agreement
8. Prepare divorce decree, sign it and have your spouse sign it in front of a notary
9. File proposed order and divorce settlement agreement with the county clerk after statutory waiting period expires

Or, you can hire a Divorce Mediator to do all the leg work for you. Check out our Amicable Divorce Checklist.

How to Divorce Amicably

• Step 1: Decide to divorce without blame
• Step 2: Focus on what’s important
• Step 3: Don’t hide anything whether assets or liabilities
• Step 4: Place the needs of your children first, your own needs second
• Step 5: Work through the divorce with mutual respect, without involving attorneys and out of court, or even with attorneys, but keeping things level headed and out of court.

Learn more about How to Divorce Amicably

How to Have an Amicable Divorce with Children

If you have children, you can still file for amicable divorce. The amicable divorce process with children is only a little more complex. Children add issues to divorce in terms of child support, custody terms, and parenting responsibility. Having children that are minors may impact the way the cars, family home, and other assets become divided. This can create opportunities for parties to disagree or for spouses to be too far apart on issues to reach an agreement. A divorce mediator or collaborative divorce attorney can provide objective insight into possible solutions that would work best for children and spouses.

Parental issues involving minor children and divorce include:

• Child Custody: Which spouse will have physical custody of the child(ren)?
• Living Arrangements: What location will the child(ren) live?
• Visitation Rights: How often will a non-custodial parent be able to see their child(ren)?
• Child Support: How much will a non-custodial parent have to pay to the primary caregiver?

Amicable Divorce Advantages

The biggest advantages of amicable divorce are fast speed and low cost. Since both parties agree to the divorce, the process happens more quickly and cost less since you need fewer services from a lawyer.

• Fast Divorce
• Low Cost Divorce
• Easier on Children
• Better Relationship with Spouse After Divorce
• Faster resolution, means your single again sooner and on with your new life.

How Much Does Amicable Divorce Cost?

On average amicable divorce costs about $7,500 per spouse. Costs ranged from $5,000 to $10,000 per spouse for the US in 2019. This estimate includes hiring a divorce mediator or collaborative divorce attorney. Most attorneys charge anywhere from $300 to $700 an hour for their time.

Source

Family law cases are unique from civil cases and only involve issues concerning or between parents, children, and spouses and their assets and liabilities.

Family courts handle many different varieties of cases regarding domestic issues. The most common cases handled in a family court include:

Marriage Dissolution

When either spouse wants to terminate a marriage, either party can commence a divorce case through a family court requesting a court order to end the marriage. Marriages can be terminated either through annulment or divorce. Legal separation is another resolution a court may grant, where the court issues orders allocating the property, debts, child custody issues, and spousal maintenance, but the parties remain married legally thereafter.  Legal Separation has the benefit of allowing both parties to likely remain on the family health care coverage post-Separation.

Paternity and Child Custody

Not all parents are married when having children.  When a man needs to be legally declared the father of a child, either parent can determine paternity by commencing a paternity action with the family court that will establish the permanent rights of both the father and mother of the child. Unmarried parents can also ask the court to order physical custody, legal custody, child support, and visitation schedules.

Protective Orders Against Domestic Violence

In situations of domestic violence, the family court can issue protective orders to keep the abuser away from the victims and the children, including homes, work places and other areas frequented by the victim(s).

Lawful Name Changes

In any divorce action, a name change to restore one’s maiden name is easily obtained.

Guardianship

Guardianship involves a determination of who is responsible for the personal, financial and medical decisions over an adult or a child who cannot take care of themselves because of mental or physical impairments, or both.

Termination of Parental Rights And Adoptions

If there are serious reasons why a parent should not continue to have a parent relationship with a minor child, (such as neglect, abuse, abandonment, and so on) that parent’s custodial rights may be terminated by the family court. The family court can grant (and legally create) an adoption when someone else wants to become a legal parent of a child and “step into the shoes” of the original birthing parent.

Juvenile Matters

Allegations of child neglect, child abuse or where minors are accused of participating in illegal behavior are all matters overseen by the juveline court and largely handled by the District Attorney Juvenile Division. Work permits for minors under the age of 14 may also be granted by the juvenile court.

Emancipation and Approval of Underage Marriages

Those under 18 who wish to be emancipated (legally free from their parent’s control) or wishing to marry can petition for approval from the family court.  These are not necessarily easy to obtain.

Wondering if divorce mediation is right for you? We’ve put together a list of pros and cons of divorce mediation so you can decide for yourself.

Divorce Mediation Pros

1. Costs Less

Divorce mediation almost always costs less than conventional divorce litigation.

2. Split Pay

Divorce mediation allows both parties to pay for the mediation professional which makes it even cheaper.

3. Divorce Peacefully

Allows parties to work amicably together to find a common resolution vs parties going after each other in court, the mediator has seen many cases like yours and helps work through the disputes.

4. Divorce Without Court Appearance

With divorce mediation, you will never have to step foot in a courtroom, ever.

5. Private Divorce

Divorce Mediation is private, unlike litigated divorce which is public.

6. Keeps you in control

Don’t let the court make decisions for you. With divorce mediation, you can take your future into your own hands and make decisions that fit your individual situation better.  Who is better at shaping your future, you and your spouse or a stranger in a black robe.

7. Is easier on your child(ren)

Divorce mediation is much easier for your children since you aren’t fighting each other in court and you’re preserving resources for the children’s future.

8. Better Long-Term Relationships

You have a better chance of a long-term co-parenting relationship with your ex-spouse since you aren’t fighting each other in court.

However, divorce mediation does have a few cons as well, including:

Divorce Mediation Cons

1. Negotiations Can Fail

If you and your spouse can’t come to a formal signed agreement at the conclusion of mediation, you have to start all over again which wastes time and money.

2. Assets Could Be Hidden

If assets are being hidden from you, you or your mediator may never find out. In contrast, during a litigated case, a divorce attorney can perform an independent investigation and use the discovery process to find out if your spouse is hiding cash or assets.

3. Doesn’t Work for Aggressive Spouses

Divorce mediation may not work if you are trying to mediate a divorce with an aggressive spouse as mediation requires actual compromise from both spouses.

5. Mediators Can’t Give Legal Advice

Divorce mediators cannot give legal advice, rather, they help you come to an agreement that is reasonable for both parties based on their experience.

Read More About 

How Much Does Divorce Mediation Cost?

How Much Does A Divorce Cost In Arizona?

How Much Does Collaborative Divorce Cost?

Collaborative Divorce In Arizona

How To Negotiate A Divorce Settlement With Your Spouse

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]

Speak With Our Divorce Mediators In Scottsdale

On average, divorce mediation costs anywhere from $5,000 to $10,000 per spouse for the US in 2019, according to  Equitable Mediation. Furthermore, according to Thumbtack, you can expect to pay anywhere from $300 to $700 an hour to hire a private mediator.

What Is Divorce Mediation?

When two parties negotiate a divorce agreement out-of-court it goes through a process known as divorce mediation. This is done with the help of a third-party neutral  known as a mediator. This individual is neutral, meaning they do not favor either spouse. The mediator does not have the power to make divorce decisions and is not a judge.  The mediator is typically a family law attorney, or former family law judge or other professional well nuanced in the law.

How Much Does Divorce Mediation Cost?

The cost can vary greatly dependent on the divorce mediation type. Most sessions are billed by the session or the hour. Usually, a divorce mediation session will take around two to fours hours to complete.  Some cases require multiple sessions, some cases can be resolved on the first mediation day.

What Are The Factors That Determine Divorce Mediation Cost?

Four factors assist in determining the cost of mediation for divorce.

• The Fee For Set-Up. Many mediators will charge an initial set-up fee for meeting with the spouses. At the first meeting, the couple and the mediator will go over the various issues that will need resolving.
• The Amount Of Mediation Sessions. Clearly, the number of sessions you have will determine the total you will have to pay.  The more sessions required to hammer out a deal, the higher the expenses will trend.
• Community-based Divorce Mediation. Offered through an agency, a community-based divorced mediation will provide a mediating service for free or at a reduced cost for those without sufficient means.
• Private Mediation: Often costing between $200-$750 per hour, a private practice divorce mediator. You can expect to pay an average of $200-$400 per hour. Depending on your location and the years of experience the divorce mediator has, the cost can vary greatly.  You usually get what you pay for, however.

Are There Any Other Costs Associated with Mediation?

There are other charges associated with divorce mediation. If the couple succeeds, there will be charges for the creation of the final legal documents. This can vary from $500 to $2,000, ideally this expense can be equally shared.

Divorce mediation may also charge a fee for the following:

• Canceling a session.
• Filing a request for mediation.
• Mediation management, also known as a “Case Handling Fee.”
• Maintaining a written record of the mediation sessions.

Should I Consult a Lawyer about Divorce Mediation Cost?

If you are considering a divorce or in the process of getting a divorce, please contact a divorce attorney. You still need the advice and assistance of a lawyer so they can overlook the process and protect rights that belong to you. Remember, divorce mediation is very helpful when it comes to settling issues that are out of court.  In larger asset families, both parties usually attend live mediation with their lawyers in tow.  Others with less resources to spend may want their lawyers “on call” by cell phone as they work their way through the mediation individually with the mediator and spouse.

How Much Does Divorce Mediation Cost In Arizona?