The Divorce Support Groups Blog

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Everyone has heard about the headaches associated with divorce litigation: huge attorney and expert fees, hostile letters from the other party’s attorney, and endless requests for documents and information about your private life that you must provide. It is common that, after all the trouble, neither party in the divorce is happy with the outcome.

Looking for an alternative? Try an Arizona Mediator

For a description of the basic process of divorce mediation in Arizona, keep reading. When the divorcing spouses do not have attorneys, the process is generally as follows.

First, the couple must agree to use mediation. Often, mediators proffer a free consultation of which you can take advantage, so you and your partner can reach a conclusion on whether mediation is right for you. The consultation is most productive when both spouses meet with the mediator at the same time, although they can meet separately. Doing this helps both spouses see that the mediator is neutral and does not favor either one. Additional information about mediation is available at Arizona Mediator.

If the parties have attorneys, the process is different

The mediation procedure is different if the parties have attorneys. The attorneys have the resposibilities of scheduling the mediation time, and providing the mediator with a Mediation Memorandum, which sets forth what each party would like from the proceeding, as well as the issues relating to the divorce. The mediation session of four to eight hours long usually completes the process if both the divorcing spouses and their lawyers can meet at a mutually agreeable time.

Part of the procedure is completing a form that asks for basic information about the couples assets, debts and other issues. This occurs prior to the mediation. The parties do not have to know everything about their financial picture or what they want at the initial mediation session.

Taking place over the course of two or more two hour sessions is normal for a mediation, although it can be finished in one day. In between sessions, the divorcing couple will often need to gather information or documentation. Participants can also choose to consult with professionals (property appraisers, child specialists, attorneys) before coming to a final agreement.

Although mediation will resolve the spouses’ disputes, they will still have to file the divorce paperwork with the Superior Court in Arizona. The mediator is not allowed to give legal advice. However, she can assist the spouses in obtaining and filing the pertinent forms and making sure they remit the filing fees involved.

Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

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Don’t get into an extended court fight. There are other options if you are getting a divorce in Arizona. Think about these options: Mediation and Collaborative Divorce. For the purposes of this story, Collaborative Divorce is the only alternative we will talk about. Collaborative Divorce concentrates on staying out of court and settling all issues collaboratively; including custody, child support, alimony or spousal maintenance and division of property and debts. The divorcing couple works together as a team to reach a solution. The hassle and expense of going to court can be alleviated.

One alternative that you may want to think about is Collaborative Divorce.

A moderate avenue to litigation, Collaborative Divorce hinges on three principles:

•    A pledge not to go to court

•    An honest exchange of facts by both partners

•    Both spouses agree to a settlement that takes into account the greatest preferences of both them and their children

In response to the psychological, financial and family system devastation that comes about from traditional family law court action, the Collaborative Divorce model evolved as a form of alternative dispute resolution. To assist a divorcing couple in framing an equitable and fair resolution without resorting to a lawsuit, the Collaborative Divorce model relies on an interdisciplinary team of professionals to edify, guide and support. Both the divorcing couple and all team members sign a Participation Agreement at the start of the case. If either party terminates the Collaborative process by opting for litigation, the Agreement is called into effect and all team members withdraw from the case.

Collaborative Divorce can only work if both parties are willing to participate in the system. You and your spouse can learn more through various sources on the Internet and Collaborative Divorce Practitioners.

To learn more about Collaborative Divorce and Mediation in Arizona, you can visit:  Arizona Mediator.

Disclaimer: This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.

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My parents have been divorced a total of 4 times. My step-parents have new spouses, so it works out into an odd step-step-parent combination. I have seen and faced all sorts of divorces that are settled within the confines of four walls or shamefully fought in public. I managed to survive each one. though none of them were at all pleasant. I will describe my own experiences so that you or your child will hopefully see that divorce is as much a new beginning as it is an end.

Divorce rarely end nicely. When divorce is considered spouses are usually not friendly to the idea. The most difficult things I ever witnessed my mother do was to acknowledge the conflict and the fact that she was not in love. The difficult part was recognizing that you could stop loving someone without having to start hating him or her. It is too common nowadays that individuals come to hate one another instead of acknowledging that they are simply no longer in love and are able to move on with an amicable divorce. This type is usually caused by some sort of rift that people can forgive one another for, but not forget. An amicable divorce is very similar to the next type I will discuss: the apathetic divorce.

Apathetic divorce is also a scary and sensitive issue. A child watching a marriage slowly die a lonely death is often a child who thinks if they just try harder, their parents will be happy. In my experience, this kind of divorce is the hardest to cope with. You can see your parents grow apart, and no cuteness, good behavior, or good grades will bring back the spark. It’s essential that you explain to the child that sometimes relationships don’t work out and people go their seperate ways and it’s no ones fault.

A third sort of divorce, though it appears to be the most damaging, is the least difficult style I’ve had to manage. While they were still extremely unsettling and traumatic, the issues were at least out in the open, not smoldering and invoking a sense of a bomb waiting to go off. It’s unquestionable that waiting for a disaster is far tougher than regathering after one. While keeping your children uninvolved in your arguments, it is important that they understand that there are reasons spouses face divorce, and if the rift is caused by any sort of abuse, this must be discussed and shown to be unhealthy behavior.

Each child is going to handle divorce differently. I was not gifted growing up in a happy family which of course, made me strong to face challenges and adjust to them in my personal life. When parents try to stay together and pretend everything is ok, rare are the children fooled. Children often pick up on conflict even before the parents admit tensions to themselves.

Support groups or therapy can be helpful. I could spend time with family and friends and was able to be active at my church as a way to create some steadiness. It is very important for the children involved in the divorce, as well as the parents to take a break from the constant worry.

Finally, this is from my personal experience, and the experiences of my siblings and family members who have survived divorce relatively intact. As long as you put your children’s interests first, there is no single correct way to deal with trauma. Remember that no one wants to have their marriage fail, and the guilt you feel may be being felt by your children as well. Be honest with them, but don’t give them too much to deal with. Your life keeps going beyond divorce but it makes you feel that you have nothing left in life for you.

If you want more information, you can learn more about my practice as an experienced Austin Texas family law lawyer. You can also watch our free online Austin Texas divorce video at www.AustinDivorceHelp.com. Divorce doesn’t have to be a disaster. Learn how a Austin Texas collaborative lawyer can help you through family disputes with dignity.

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If you have lost custody of your children in a divorce or need help with child custody laws, don’t give up hope. The legal system has the ability to change a child custody order to better address the needs of the child. In order to successfully request a change in custody, a parent must demonstrate a major change in circumstances.

There are numerous tools available that provides you with this type of help.

Take for example a divorced dad whose ex-wife ended up with sole custody of their children. Later down the road, the divorced dad experienced some changes in his circumstances that provided him with an opportunity to take the matter back to court. The even sparked a new custody agreement that left him with custody of his oldest son. This is a true story.

Parents have the right to request a change in custody to better match their changing lives and situations. What worked for a parent or child two years ago may not hold true for the current day. As kids grow up, so do their personal needs. Parents who are responsible are open minded to these situations and address them quickly and thoroughly. Sometimes this requires the need for additional divorce services.

Seeking a child custody modification is easier said than done. There are numerous changes a mother or father can request under existing child custody laws. Prior to hiring a lawyer and seeking an expensive legal debate one should fully educate him or herself on the matters of child custody laws as compared to the situation at hand.

By educating yourself on the laws and situations in which a custody modification is acceptable, you can save a lot of money overall. There are several detailed self help guides available to parents for a nominal fee that explain how the legal system operates. Certain resources also provide information on how to file a custody modification and how to talk to the other parent about the request.

Best scenario, the parents agree on everything and file for a modification in child custody. This is not always true. With the use of available resources, you not only make a modification a little easier to understand, but also obtain information that might help you convince your ex-spouse to agree on a new situation without the hassle of the courts. Either way, an informational guide is likely to save its readers time and energy that might be otherwise wasted wading through child custody laws.

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