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Grounds For Divorce In Arizona

Wondering what the grounds for divorce in Arizona are? This post should help!

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Learn more about the different options for divorce for couples in Arizona.

Couples divorcing in Arizona have a few different options if they would like to end their marriage. If you are facing this sensitive legal process, continue reading to learn more about the different legal approaches that may be available to you.

What Are Grounds for a Divorce?

Before a court grants your petition for divorce, you must have a legally acceptable reason for your request. Each state’s grounds will vary, but typically, if you and your spouse have tried to work things out without a positive result, sometimes it’s enough reason for a judge to agree to your divorce petition.

Courts consider this as a “no-fault” divorce, which just means that neither spouse is responsible for the collapse of their marriage. In Arizona, couples only need to appease to the court that their marriage has suffered an “irretrievable breakdown” and the marriage is irreparable.  One cannot force the other spouse to remain married.

The only stop to a dissolution of marriage petition is that the marriage is not irretrievably broken. Unless your spouse can persuade a judge that you both want to still be married, even though you filed for divorce, the judge will grant your petition for divorce.

Fault and No-Fault grounds for divorce in Arizona include:

  1. The marriage is irreconcilably broken (the No-Fault ground) or, if the marriage is a covenant marriage (Arizona identifies what is deemed a “higher” form of marriage called a “Covenant Marriage”) the probable grounds for a Covenant Marriage are as follows:
  2. Either partner committed adultery.
  3. Either spouse is lawfully imprisoned.
  4. Desertion or Abandonment.
  5. Physical and/or Sexual Abuse.
  6. The spouses have been living separate and apart continually without reconciliation for at least two years prior.
  7. The spouses have been living separate and apart continually without reconciliation for at least one year from the date the order of legal separation was entered.
  8. Alcohol or Drug Abuse.
  9. Both parties agree to a termination of the marriage.

Fault-Based Divorce in Arizona

In the past 50 years, nationally each state has adopted some type of no-fault divorce, but some states continue to let parties to allege particularized grounds as a reason for divorce. However, Arizona only authorizes fault-based divorce if the spouses have a legally binding “covenant” marriage.

Covenant marriages are uncommon, and only three states—Arizona, Arkansas, and Louisiana —allow this option. Unlike traditional unions, which will enable couples to marry and divorce with very few restrictions, couples who wish to enter a covenant marriage must:

  • take part in premarital counseling
  • when petitioning for a marriage license, decide how they will handle divorce, and
  • agree to participate in pre-divorce counseling.

If the spouses demonstrate a valid covenant marriage to the court, a judge can only grant the divorce if the filing spouse confirms any of the subsequent grounds:

  • the at-fault spouse cheated on the other during the marriage
  • the at-fault spouse was involved in a felony, and the courts sentenced the spouse to imprisonment or death
  • either spouse deserted the marital home for at least 1 year before the requesting spouse filed for divorce
  • the at-fault spouse sexually or physically abused the petitioning spouse, a child, or relative of either spouse, or
  • the at-fault spouse has chronically abused alcohol or drugs.

What if My Spouse and I Agree to a Divorce?

Divorce is sensitive and can be complex, but it doesn’t have to be. If you and your spouse can start the divorce process agreeing on the more significant legal issues, like child custody, alimony, and property disbursement, you can request the court grant you an uncontested divorce.

Uncontested divorces don’t require a trial, so it typically means less time and a lot less money, even if both spouses hire lawyers.

Before a court can agree to your petition, both spouses will need to agree that the marriage cannot be salvaged. Also, you will need to present a mutual settlement agreement to the court that clarifies how you will divide your marital assets and debt, and whether either spouse will support the other with alimony, also known as spousal maintenance.

If you have children, you will have to determine which spouse will care for the children, how you will divide visitation times, and who will pay the child support.

Uncontested divorces only work if both spouses agree on each and every issue, if you disagree on any issue during the process, the court will proceed as if it’s a contested divorce. Contested divorces usually require a drawn-out divorce trial where a judge will decide on the major issues. A divorce trial often results in increased legal fees and more time in court.

What Are the Requirements for a Divorce?

Like a lot of states, Arizona has a residency requirement that you must satisfy before you file for divorce. Couples must show that at least one of the spouses has lived in Arizona for a minimum of 90 consecutive days before petitioning for divorce. In addition, there is a waiting period of at least 60 days from the time you file to the time when a judge can approve your final divorce papers. These requirements help prevent spouses from shopping around for states or judges they think will award a more suitable custody arrangement or property arrangement. Learn more about divorce in Arizona.

What Happens After a Divorce?

After you (or a judge) determine the final terms of your divorce, the judge will provide a signed copy of the judgment of divorce via a signed Decree. This legal document ends your marriage permanently, and will address the following issues:

  • parenting time, custody of the child and child support
  • alimony (spousal maintenance) payments
  • division of marital assets and debt
  • each spouse’s obligation for their attorney’s fees, and
  • any name change(s) (restoration of maiden name).

This final decree and judgment is a vital record, so keep it in a safe place and refer to it anytime you have any doubts about the details of your divorce.  You may also need the Decree in the future when refinancing mortgages or purchasing other assets insofar as a lender may want proof of your dissolution status.

Speak With One Of Our Divorce Attorneys In Scottsdale

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Canterbury Law Group’s divorce attorneys in Phoenix and Scottsdale will handle your case with personal attention and always have you and your children’s best interest in mind when offering legal solutions. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, divorce mediation, collaborative divorce, and more.

We are experienced divorce attorneys and will fight for you to get you the best possible outcome. Our law firm will represent you fully in court, so you can get on with your life. Call us today for an initial consultation. 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

Divorce & Legal Separation, Divorce Attorney, Divorce attorneys Scottsdale, Divorce Mediation
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What Is Divorce Mediation & How Does It Work?

You may benefit from divorce mediation if you and your spouse can overcome feelings of resentment and anger and want to avoid finger-pointing, needless discovery, court hearings and a costly trial you may benefit far more from pursuing divorce mediation. This posting can help you decide which path your divorce should take from here.

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What Is Divorce Mediation?

Divorce mediation allows couples who are divorcing a process to meet with neutral third-parties serving as specially trained mediators to resolve common divorce issues out of court.  Mediation is far less stressful and expensive than a divorce trial. it also is usually a far faster route because your spouse and you have the last say over the matters of your divorce as opposed to asking a judge to decide.  Most couples “mediate out” of their divorce cases in less than half the time and expense typically incurred in a conventional court house litigated divorce case.

When there was a lack of communication, perhaps partially responsible for the demise of the relationship, mediation gives you both the chance to rebuild your skills of communication. Even the most trained professional can help couples with poor communication skills achieve a successful negotiation.  Most mediations start and wrap up in one day.  The Rule 69 agreement you sign at the end of your mediation is 100% binding the instant you walk out the door.  There is no “do over” or second chances to mediate again the following day if you both sign a final agreement.

How Do Parents Choose A Mediator?

Undoubtedly when children are involved, divorce becomes more complicated. The parents will have to find a mediator who can deal with issues like:

  • Child custody.
  • Divorce.
  • Child support.
  • Visitation.

Your divorce mediator will need to have well-developed skills in conflict resolution and have extensive knowledge of the divorce laws in your state. The mediator can also help to facilitate meaningful conversations between the spouses and minimize the drama that can come with a divorce. A mediator can keep the conversation on track and point you towards a resolution for outstanding issues. Nonetheless, the mediator cannot make decisions on your behalf or insist on any partner signs a contract or accepts a certain term. Nobody is forced to sign a final agreement at mediation, you can “Sleep on it” if you so choose.

How Does Divorce Mediation Work?

In most states, mediation is voluntary and once the mediation process commences a spouse can bring it to a close if they want or continue to proceed with the litigation instead. Should they bring the mediation to a close the traditional divorce route is usually followed as a court will not force a spouse to take part in mediation if they do not have the desire to do so. However, in some states, the court wishes the couple to demonstrate they have made good faith efforts to go through the mediation process before proceeding with further hearings at the court.  To that end, some judges will divert you to mediation prior to giving you a formal trial date.

Mediation can only work if both spouses are willing to negotiate the terms of the divorce. Usually, there will be an initial meeting between the mediator and the spouses. At the first meeting, each spouse will then have the chance to express their expectations for the most common divorce-related issues, such as:

  • Division of property.
  • Visitation and child custody.
  • Child support.
  • Spousal maintenance or alimony.

The mediator will gain an idea from the initial discussion of how far apart the spouses are and what areas will need further development before resolution.

Mediation does not have a time limit except for legal statutory limitations of divorce. Put another way, mediation can continue for as long as required to reach a compromise. Obviously the longer it takes, the more expensive it becomes. Whether you meet weekly, monthly or other times. Most couples can complete the process in one or a few sessions costing thousands of dollars less than having to go to the court and litigate.

Once the outstanding issues have been agreed, the mediator will draft a settlement of divorce agreement for both spouses (and their attorneys) to sign, review and present to the judge.  Typically judges will “rubber stamp” and approve 99% of mediated agreements brought to them.

Will Divorce Mediation Work For Me?

There is no doubt many spouses find mediation helpful in the divorce process and allows them to obtain a divorce with as little pain as possible. However, mediation can only work if you and your spouse agree to compromise. You are far more likely to have a mediation that is successful if most or all the following statements are true.

Your Spouse & You Agree To Divorce

Divorces are not always contentious and if the decision to divorce is one that has been mutually agreed, a petition for divorce can be filed together or one spouse can file with the other spouse’s advance knowledge. This makes the process far easier to negotiate and work together to find solutions for outstanding issues in the mediation process.

There Is No History Of Domestic Violence

During divorce mediation, it is essential for frequent meetings between the two spouses, the mediator, and possibly attorneys. If there is a history of domestic abuse between spouses, many mediators will not accept the case as it is tough to keep both spouses working together and presents a challenge to the mediator if they must determine if the victim of the settlement because of intimidation or fear from the abuser. In the states where mediation is a requirement, if a history of physical violence can be demonstrated, the court will excuse you from these mandatory mediation sessions.

Both Spouses Are Forthcoming About Finances

Finances are one of the most complicated parts of any divorce process. Both spouses must be happy to provide the other with complete financial information, including sensitive information, relating to pensions, stocks, retirements, bank accounts, and other debts and assets. In many marriages usually, one partner is more familiar with family liabilities and assets than the other. You will need all the relevant financial info or must investigate and understand marital estate before you agree to the terms of a proposed property settlement.  This process standing alone, can take several months to complete, before a meaningful mediation session can occur.

You Agree On Custody Terms

Next to finances, visitation and child custody can be the most challenging aspect in divorce cases. For the sake of the children, most parents can set aside their differences – however, sometimes even the best of intentions are met with other complications and further issues.

Divorce mediation is a great way to work with your future co-parent when deciding who should care for the children daily, who should be responsible for the payment of child support and the frequency and type of visitation the non-custodial parent will have.

Undoubtedly, parents know what is best for their children and the most effective way of ensuring your divorce judgment to protect the best interest of the children and to negotiate the terms for custody with your spouse. If a roadblock is reached in the discussion of custody, the mediator will be able to offer suggestions or advice on how to resolve the issues without asking the court for help.

You will need the intervention of the court if your spouse and you disagree on custody, especially when there are allegations of neglect or abuse. The court can determine the arrangement that will be in your child’s best interests by utilizing the custody process of your state before the judge makes a final decision.  There will be a winner and a loser when parties force cases back into the court room.

Need a Divorce Mediator in Scottsdale?

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We have a network of Arizona mediators, attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control and costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

Divorce Mediation
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Different Types Of Family Law Cases

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

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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.

Need a Family Lawyer in Scottsdale?

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Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation.  As proven trial lawyers in family court, you can trust the firm to represent you fully so you can move on with your life and your children. Call today for your initial consultation. Our family lawyers can help with divorce litigation, collaborative divorce, divorce mediation, child custody, legal guardianship, paternity, prenuptial agreements, and more.

Collaborative Divorce, Divorce Mediation
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Divorce Mediation Pros & Cons

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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

(480) 744-7711
INITIAL CONSULTATION

We have a network of Arizona attorneys, tax professionals, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]

Collaborative Divorce, Divorce Mediation
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How To Negotiate a Divorce Settlement With Your Spouse

How do I get a prenup?

If you are looking for information on the best ways to negotiate a divorce settlement with your spouse, this post should help! Here we show you what you need to know so you can get the best result possible from your divorce settlement.

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Most lawyers will say it is very unwise to even attempt to negotiate a divorce settlement with your spouse, primarily as most lawyers think they can better negotiate on your behalf.

And they often can…but not all the time. When a lawyer becomes involved, the lawyer of your spouse also gets involved. The result is two lawyers playing games with your assets and your future life while you pay them for the pleasure of doing so.

Also, even if the “big stuff” is being taken care of by the lawyer, you will still have to negotiate the “small stuff” with your spouse, household items, etc. The best way to negotiate a divorce settlement with your spouse is to:

  1. Check your finances
  2. Learn how the divorce system works
  3. Determine your needs and wants
  4. Plan for best & worst case scenarios
  5. Cooperate & compromise
  6. Negotiate a fair agreement
  7. Leave emotions at the door
  8. Develop settlement scenarios
  9. Make agreements
  10. Create a plan
  11. Make the agreement official

*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]

1. Check Your Finances

Prior to starting a negotiation, you must have a very clear understanding of your financial situation meaning you need to understand what you owe and what you own.

A financial advisor, if needed, can explain your finances to you. Having done that if you still do not feel comfortable talking finance, do not negotiate for yourself. You will likely lose more by yourself than the cost of a lawyer guided divorce negotiation on your behalf.

2. Learn How The Divorce System Works

Judges have a duty to place the reasonable needs of the children above either parent so unless they are shown an extremely good reason, the Court will make you comply with the child support laws of the state. This means establishing a set parenting schedule, allowing a full relationship with both you and your children. The Court will also insist your divorce settlement is fair and equitable.

One need not possess a law degree to understands the basics of divorce settlement negotiation. You can spend an hour two with a lawyer or a divorce educator. Make sure you do your homework before you initiate negotiations.

3. Determine Your Needs & Wants

Simple to say but many people never consider what is “fair” when thinking of what they need when in divorce negotiation. Often, they can express what they do not want but are less sure at describing what they do need.

You must know what you want if you are going to do the negotiations yourself. You will need a balance sheet and a budget. Once you know your needs and wants, rank them in order of importance to you. You are going to have to compromise but at least this way you can negotiate for what you need.

4. Plan for Best & Worst Case Scenarios

Here are two acronyms you need to know:

BATNA = “Best Alternative to a Negotiated Agreement.”

WATNA = “Worst Alternative to a Negotiated Agreement.”

In a divorce negotiation, BATNA and WATNA represent the best and worst things that may happen to you if the case cannot be settled and goes to trial.  Going to trial is expensive, unpredictable, and emotional.  Settlements are the contrary.

Ask your lawyer what will happen to your BATNA and WATNA should you go to trial. Once you have that information, you can decide if going to trial makes sense or not. If the WATNA of your spouse is worse than you could get at trial, there is little point to accepting their proposal.

5. Cooperate & Compromise

Knowing the wants and needs of your spouse is just as important as realizing your own wants and needs (Also helps if you can work out their BATNA and WATNA as well.)

The more insight you have into the above factors, the more you can negotiate in a manner ultimately satisfying both of you. Remember: Negotiation requires compromise and cooperation. The more win-win scenarios you create, the more likely you are to succeed in settling your case amicably and on the terms, you want!  Nobody walks away from a settlement in a divorce feeling happy, both sides must give to reach a fair and final result to enable both of your lives to resume.

6. Negotiate a Fair Agreement

You must be prepared to walk away if your spouse and you cannot settle on terms. This means you have to comprehend what you can and cannot live with before you commence negotiating. And if reject proposals fall short, you must have the courage to reject them and to proceed with litigation.  You must also ensure that you have the financial resources to wage that litigation if settlement cannot be reached.

A very important tactic of knowing your bottom line is reality testing it before it becomes your bottom line. When your bottom line is just not a realistic proposition, negotiating a fair agreement is near impossible. Clinging to desires that will never be met is ultimately futile and typically self-destructive.

7. Leave Emotions at the Door

Many people would rather a lawyer negotiate for them because you do need to keep your emotions in check when negotiating – it is also a reason why getting a therapist is a good idea when you are getting divorced.

Nothing is going to derail a good proposal quicker than resuming old arguments that have been had many times before. If things do become too heated, it is time for a break to let you and your spouse both cool down and resume your negotiations from there.  Perhaps break for the day and come back the following week, do whatever it takes to keep up the momentum towards settlement.

8. Develop Different Settlement Scenarios

With compromise being the key, remember if you can keep an open mind and be prepared to brainstorm alternatives, the likelihood leans towards settling your divorce amicably.

If you are not sure what alternatives and compromises you may have at your disposal, ask your lawyer. They can come up with multiple scenarios that might meet the needs of everyone concerned. Also, listen to the ideas of your spouse, the more options you have, the more likely you will find a settlement that works for everyone.

9. Make Agreements

Ideally, you and your spouse will negotiate in a neutral place. Set aside a couple of hours so no one is worried about missing an appointment should your negotiations overrun on time.

Your spouse and you also need to agree on who writes down what you agree on and whether agreements are subject to the approval of your attorney’s approval before they are finalized and signed.

There is nothing that will poison your relationship faster than if one party tried to change something after you were both under the impression the other party had agreed to previous terms.

10. Create a Plan 

Having goals is great but you need a plan to achieve your goals because if you do not the odds of you being successful go down dramatically.

A plan means knowing what you want from the outset and brainstorming different methods to get you where you want before you commence negotiation. It does not mean starting your negotiation with your bottom line. Start by asking for more, so you have something to give up. The best negotiations are where everyone feels as if they “won” something and they can live with what they lost in the process of reaching a mutually ratified and successful conclusion.

11. Hire a Divorce Mediator

If you haven’t already, consider hiring a divorce mediator or collaborative divorce lawyer to seal the deal and make the divorce final.   Many people attend mediation sessions with their own divorce lawyer in tow.

Why You Might Want To Negotiate With Your Ex (Or Soon To Be Ex)

You can save time and money by negotiating your own divorce settlement if you can do the negotiation.

Additional benefits lawyers often do not speak of using this method is known as “buy-in.”

If your spouse and you have been active in discussions from the outset regarding divorce negotiations, it is far more likely the divorce settlement will be ultimately accepted.

Family courts are full of people who have already divorced fighting with their former partners! If you think your divorce settlement was rammed down your throat, there is usually no issue trying to alter or modify it later, typically at high cost and fees for both parties.

The Dangers Of Negotiating For Yourself

Negotiating for yourself is full of pitfalls if you do not have the capability to negotiate or are unaware of what you must negotiate about – you can end up losing far more than you initially realized.

At least everyone fears that.  This where lawyers usually enter the picture, and for a reason.

However, negotiation with your spouse does not have to be tough. Plus, when your divorce is going slowly, the legal fees are racking up, you may have to negotiate with your spouse just to close the deal so you can both move forward with your lives and stop spending legal fees.

So even though you may think you would never negotiate with your spouse – you may find you have to, but do not worry, it happens all the time!

If you are still on speaking terms – it is worth the effort – but you need to know what you are doing.

Here are ten top tips to help with negotiating with your spouse or your ex.

Should You Negotiate Your Own Divorce?

Negotiating a divorce is not easy – it is not fun, but it is doable even if you lack a background in finance and you do not need a law degree.

So, if you and your spouse decided to give direct divorce negotiation a try, be prepared. Get some divorce advice from your attorney, go through the above ten tips and make sure you understand the basics of your finances and your legal options before you start. Know what you want and need, be flexible and have a plan. Know what the law does or does not allow for each disputed item.

if you do not wish to negotiate alone think about doing a collaborative divorce or hiring the services of a mediator. That way you have more backing when you must negotiate.

Be sure to analyze your options before you commence. Be honest with yourself about what you want to achieve. If you are incapable of standing up for yourself, it may be very foolish to negotiate a divorce settlement yourself.

If your spouse and you can remain civil and you are both ready to undertake the work to prepare and resolve your outstanding divorce issues, negotiating with your spouse will undoubtedly save you a great deal of time and money.

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

Divorce Mediation Pros & Cons

Negotiate Divorce Settlements In Scottsdale & Phoenix

(480) 744-7711
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We have a network of Arizona attorneys, tax professionals, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale can help negotiate your divorce settlement, make your divorce less stressful, and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]

Collaborative Divorce, Divorce & Legal Separation, Divorce Mediation
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Regular Post
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How Long Does A Divorce Mediation Take?

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On average, divorce mediation can take anywhere from 1-6 months depending on the complexity of your situation. How the two parties deal with their issues and the ability to be flexible as they negotiate a fair agreement dictates how long the mediation will take. As each case is different, the average case typically takes at least one half-day, or full day mediation session.  About 75% of mediations will settle on the first day.  The other 25% will have to come back another day, sometimes with more documents or things required to fully resolve all disputed issues.  Mediations are usually scheduled at least a month in advance and several weeks apart so that both parties have time to locate and produce all relevant financial documents.

How Long After Mediation Is Divorce Final?

After the divorce mediation concludes with signatures on binding settlement papers, you can expect your divorce to be final anywhere from 1 to 4 months, according the FindLaw®. To some extent, parts of mediation are more straightforward than litigation. One of the advantages of working collectively with your spouse on drafting a Separation Agreement together is the considerable ease with which you can complete your divorce.

Most final Decrees and Joint Parenting Plans will be signed by the judge within 2 to 4 weeks of their submittal to the Court for final approval and signature.  Typically no formal court appearance will be required of either party.  If you are working with a knowledgeable divorce mediator, they can help you arrange your final divorce documents. You can simply file the documents within the court for evaluation once the papers are prepared.

What Happens After A Divorce Mediation?

Regardless of when a final ‘deal’ is struck at mediation, neither party can rush to the Court for a judge’s signature on the Decree and Joint Parenting Plan unless at least 60 days have passed since service of the original divorce petition in Arizona.  This is known as the “Cooling Off Period”.  In California, the Cooling Off Period is 180 days.  Every state is unique, and make sure you consult with licensed attorneys to naviagate this narrow issue.

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How Much Does Divorce Mediation Cost?

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*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

(480) 744-7711
INITIAL CONSULTATION

We have a network of Arizona attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our divorce mediators and collaborative divorce lawyers in Scottsdale are here to make your divorce less stressful and keep you in control. Call today for an initial consultation at 480-744-7711 or [email protected]

Divorce Mediation, Family Law, Family Law Attorney
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Written by Canterbury Law Group

How Much Does Divorce Mediation Cost?

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.

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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?

Divorce Mediation Cost Arizona

The average divorce mediation cost in Arizona is about $7,500. Arizona divorce meditation costs ranged from $5,000 to $10,000 in 2018-2019. Hiring a private divorce mediator in Arizona will cost you an average of $500 per hour; with hourly costs ranging from $300 to $700.

Speak with Our Scottsdale Divorce Mediators Today!

(480) 744-7711
INITIAL CONSULTATION

We have a network of Arizona attorneys, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our Scottsdale divorce mediators are here to make your divorce less stressful and keep you in control. Learn more about divorce mediation costs on YouTube.

Collaborative Divorce, Divorce Mediation
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