If you are considering getting a divorce in Flagstaff, or anywhere in Northern Arizona, and are looking for a stream-lined and low-conflict solution, then hiring a mediator may be the answer for you. The traditional court process is long and emotionally draining, while mediation involves collaboration between you and your ex-spouse. A mediator, or neutral party, will assist you and your ex-spouse in reorganizing your lives and finding practical solutions for issues such as spousal support, child custody, and how you will divide your assets and debts.
An experienced and dedicated divorce attorney who offers mediation services can provide you with peace of mind, knowing that you have a caring professional working to resolve your divorce amicably and peacefully. By opting for mediation instead of arguing against your spouse in Arizona or Flagstaff family court, you are choosing peace and long-term stability for your family and your children tailored exactly to your unique situation.
At Glazer, Hammond, Ruben & Smets, PLLC, our legal team is here to provide you with a wealth of legal knowledge and valuable negotiation skills.
In Arizona, the legal term for divorce is “the dissolution of a marriage.” In simple terms, this dissolves the marriage and the individuals are considered legally single by the government.
Arizona is considered a no-fault divorce state. This means that to file for a divorce in the state you do not need to prove that one person was responsible for the breaking down of the marriage.
Mediation means that disagreements can be settled outside of court and between the parties, saving time, money, and emotional stress. The state’s divorce mediation process is an alternative to traditional divorce proceedings in the courtroom, allowing you and your spouse the chance to come to terms on common agreements. Glazer, Hammond, Ruben & Smets, PLLC offer two approaches to mediation:
It is important to choose a mediator that you trust. When you are selecting a mediator to aid in your divorce, make sure that they are knowledgeable and comfortable with the process and how it relates to your county. It is important to note that a mediator is not there to offer legal advice to either party, but they serve as a guide to keep the conversation productive and focused on the legal side of the process. The court can always recommend a mediator, or you can seek one out yourself. Jennifer B. Ruben is proud to offer her mediation services no matter the approach you and your ex-spouse are hoping to take.
Arizona is a community property state, which basically means that, as a general rule, all debts, property, and other assets that are acquired during a marriage by either spouse are considered to be owned by both spouses as a “community”. Thus, when a divorce is set into motion, any community property will be generally split evenly between both parties. However, a different allocation of community property can be made if both parties agree to split the community property differently during negotiations or mediation.
The opposite of community property is separate property, which are assets or property that was owned by one party before the date of the marriage. Separate property can also be property given as a gift or inheritance. Separate property, unlike community property, will not be considered part of the assets and property that need to be divided during the divorce process.
Sometimes it can be difficult to determine which property is community property and which is separate property. A skilled divorce lawyer who is familiar with the divorce and mediation process in Flagstaff, Coconino County, and throughout northern Arizona can help you better determine what category these assets fall and provide advice and guidance on how to divide it up.
If one spouse was making more money than the other prior to a divorce, the lower-earning party may be wondering how they can continue with their existing lifestyle, while having enough time to look for an occupation that will allow them to get back on their feet. The mediation process can be particularly useful for negotiating spousal maintenance openly and honestly, while avoiding resentment and confusion in the future.
The mediator during this process will help both parties evaluate the following factors to aid them in making an agreement:
Mediation is advantageous for negotiating alimony or spousal support because it allows each party to have their concerns heard. The end goal of spousal maintenance is to ease the transition from living in a shared household to being single again, and the result should be financial independence for both parties.
When it comes to divorce mediation, it’s important to prepare yourself so that you are in the right mental space for helping facilitate the process. At the end of the day, a negotiation can only go as far as the two parties are willing to go.
If you are considering the divorce mediation process or are currently getting started, here are some tips to consider:
By being mentally prepared, gathering all plans and documents, having a keen awareness of the Arizona divorce and mediation process, and hiring a lawyer who works in mediation, you will increase your chances of having a smooth and stress-free divorce.
Finding a mediation divorce lawyer who will work hard to make sure your marriage ends peacefully is critical to ensuring that the negotiation process will go smoothly. It’s important to keep the following things in mind when determining who your lawyer will be:
Overall, when choosing a Flagstaff lawyer who offers mediation services, choose a firm that both you and your spouse feel comfortable with, and can trust.
If you are concerned about being caught in a messy and high-stakes divorce in Flagstaff, Coconino County, and throughout northern Arizona, and want to simplify the process to spare time and money for your family, then hiring a mediator could be a sound option for you. Reach out to a family lawyer at Glazer, Hammond, Ruben & Smets, PLLC, to learn more about how you can spare yourself from the headaches of a traditional divorce.