Will Mediation Work for My Arizona Divorce
Family legal matters can be complicated and require assistance from a family lawyer. If you are in need of assistance with a divorce or other legal matter, please call us today. Divorce mediation is a process that involves two divorcing spouses sitting down in a comfortable environment outside of the courtroom, and resolving issues with a neutral third party, such a family lawyer.
Mediation can be ideal for many divorcing couples, especially if you are concerned about the emotional and financial costs of a contested divorce. Before telling a lawyer that you want to go the mediation route, consider the following factors. The more that apply to your own situation, the better the chances may be at having a successful mediation.
The Decision is Mutual
If both spouses believe that the marriage is over and a divorce is necessary, mediation may be a good option. If however, one spouse is against the divorce, you might find it difficult to get him or her to agree to the process. If both spouses understand that things are not working out and the separation is permanent, there is a good chance that emotions won’t be as heated; thus, resulting in a productive mediation. Children, a business, or personal values can act as motivation to overcome tense feelings and obstacles in the negotiation process.
Although not crucial to a mediation, wanting to stay on good terms can help. If there is any animosity from one spouse to the other, counseling may be a good idea. You could also talk to a lawyer about mediation in separate rooms or meetings so you’re not obliged to sit face to face with your spouse. Naturally, you might blame your spouse for things that didn’t go right during the marriage, but if you believe he or she is completely at fault, it may be difficult to enter any type of negotiation.
Furthermore, if you believe you are owed most of the assets because of your spouse’s’ “faults”, mediation might not be successful. When it comes to a divorce, financial assets and debt is a big part of the divorce process. Mediation may be able to help both spouses the understand an accurate financial situation. This can assist in reducing any risk of surprises (i.e. hidden bank accounts) and divide financial assets and debts equally, or as appropriate.
There Are No Major Lies Factored Into the Divorce
If you have caught your spouse in numerous lies, you may want to take a moment to consider whether or not you can trust him or her to be honest and sincere during the mediation process. You may want to talk with divorce lawyers Phoenix AZ relies on about any forms of deceit that occurred during the marriage. If you believe there are hidden finances or property, a voluntary exchange of information during mediation may not be wise.
If you can agree with these statements, mediation might be a good idea:
- You can disagree with your spouse and not regret the things you said at a later date.
- You are able to speak for yourself and are not easily intimidated.
- Physical violence or abuse is not involved in your relationship.
- There is no drug or alcohol abuse in your relationship.
- You believe your spouse is a well rounded, stable parent.
Chris Hildebrand wrote this article about mediation in an Arizona divorce to ensure everyone has access to information about divorce laws in Arizona. Chris is a family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through.