Couples divorcing in Arizona will face the prospect of entering mediation to settle their differences, particularly if they have children under age 18. It’s a structured process conducted by a neutral third party that helps to find agreement on issues like custody, parenting time, legal decision making, and the division of assets.
While mediation does not require legal representation, it can be critical to retain an experienced attorney who can help you understand the process and consequences of agreeing to specific terms. Preparing for mediation is crucial.
When and How to Use Mediation to Your Advantage
Arizona’s Superior Courts include Conciliation Court, which addresses parenting issues. This court uses mediation to address childcare issues like parenting time and legal decision making. Mediation is not used to enforce child support or an existing parenting plan. Mediation is not required of couples who have endured domestic abuse or violence.
When a case is referred to court-sponsored mediation, other aspects of the case are usually put on hold to provide time for the parties to meet and reach an agreement.
One major benefit of mediation is that negotiations are not public record (court appearances are). If you prefer to protect your privacy in relation to your assets and personal relationships, mediation is preferred.
Four Steps to Mediation Preparation
Gather Financial Documents
Collect three years of pay stubs and tax returns, bank statements, and retirement account information. List all debts such as credit cards, mortgages, vehicle liens, and loans. Thorough financial disclosures help both parties make informed decisions.
Arizona is a community property state. That means all property acquired during marriage is generally considered jointly owned and subject to equal division. Debts may be divided based on each spouse’s income and ability to pay. Property owned before the marriage, or received as a gift or inheritance is not subject to equal division.
Dividing a 401(k) retirement account requires a Qualified Domestic Relations Order sent to the plan administrator.
Understand the Impact on Custody and Parenting Time
Bring a proposed parenting plan to the mediation meeting if children under 18 are involved. In Arizona, shared parenting is separated into two portions: legal decision-making (the parent with authority to make major decisions about education, healthcare, and religious affiliation) and parenting time (the schedule of childcare shared by parents). Make sure your proposal covers holidays, vacation time, and special events.
Many Arizona county courts require parents of minor children to complete a Parent Information Program. It is mandatory for all cases in which legal decision-making, parenting time, or child support are issues.
What To Know About Spousal Maintenance Before Negotiating
In Arizona, alimony is called spousal maintenance. It is awarded by a judge if they find that one spouse lacks the capacity to meet their reasonable needs. The Arizona Supreme Court offers an online Spousal Maintenance Calculator that provides a baseline of support and duration. Using this calculator can prepare spouses for mediation.
Set Priorities and Determine Your Negotiation Strategy
Before entering mediation, make three categories of issues: those you’re willing to compromise on, those that are non-negotiable, and those that you’ll concede to your former partner. Having this list clarifies your position and strengthens your negotiating position.
A basic understanding of the community property principle is critical: all assets and debts are co-owned by spouses, regardless of whose name is on the account. Once this is established as fact under the law, productive negotiations are possible.
How Legal Counsel Can Benefit Your Mediation
Consult Webster Family Law before mediation, to establish your priorities and negotiating posture. An attorney’s help is not required, but having the resulting agreement reviewed before signing it can be critical. Once a Marital Settlement Agreement is signed it becomes a legally binding contract that is difficult to modify. Call for a consultation today.