In a divorce, two lives of two people are effectively separated, and sometimes those lives have been combined for many years or decades, making the task of disentangling them quite complicated. When couples cannot easily come to an agreement on their divorce terms, they can use a mediator, or they can choose to litigate. If you are going through a divorce, you should learn about divorce mediation vs. litigation in Arizona so you can make informed decisions.
About Divorce in Arizona
Divorce, or dissolution of marriage, is the legal process of ending a marriage. This is separate from any emotional or relational aspects of the marriage, as many marriages are effectively over from a social angle long before they are legally dissolved.
As is the case throughout the United States, divorce is by no means rare in the state of Arizona. As of 2023, the divorce rate in Arizona was 2.0 per 1,000 residents.
Divorces can be either uncontested or contested. In an uncontested divorce, both spouses agree to the divorce and to the legal and financial terms of the divorce, such as division of assets, spousal support, child custody and support, and any other relevant aspects. In a contested divorce, the spouses disagree on at least one area, which leads to the need for mediation or litigation to resolve the matter.
What Is Mediation?
Mediation is a legal process that allows a divorcing couple to use a mediator to help them resolve disagreements related to their divorce. A mediator is a neutral party who helps the couple identify points of disagreement and attempts to help them find mutually acceptable solutions. Mediators may be court-appointed, or they can be privately hired by the couple to help them resolve their differences.
What Is Litigation?
Litigation is the process of resolving divorce conflicts through courtroom proceedings. These proceedings usually take place in front of a judge with both parties being represented by their own legal counsel. Litigation can be exceptionally stressful, as the stakes are high and the judge ultimately makes decisions for the couple, as opposed to mediation, in which the couple comes to joint decisions with input from the mediator to encourage cooperation.
Cost of Mediation vs. Litigation
Generally, mediation costs significantly less than litigation. Mediators can be paid by the hour, and mediation does not require court fees or any other costs associated with litigation, such as attorney fees. In simple cases, mediation may cost in the hundreds of dollars to the low thousands.
Litigation can be very costly, with couples being responsible for attorney fees, court fees, and other associated costs such as court-ordered counseling, medical evaluations, psychological evaluations, and more. When all is said and done, the litigation required for some cases can cost tens of thousands of dollars, in addition to the emotional and psychological burden associated with the process.
Timeline of Mediation vs. Litigation
In addition to the much lower cost, another major benefit of mediation over litigation is that it usually takes significantly less time to reach a resolution. When couples have to go through litigation in the Superior Court of Arizona, it can take months to resolve a case because of court schedules and the slow movement of formal legal proceedings. Mediation can be done on a couple’s own timeline, affording them significantly more control over the time commitment.
In some cases, mediation can require only a few hours in total, whereas litigation can mean weeks or months of preparation in addition to one or more court dates. The minimum waiting period for a divorce in Arizona is 60 days, but cases almost always stretch on for much longer periods of time when litigation is required.
FAQs
Do I Need a Lawyer for Mediation?
Even if you and your spouse can generally communicate civilly, it is a good idea to hire an expert mediation lawyer to help you through the process. You and your spouse can choose to both use a single attorney, or you can each retain your own legal counsel. The input of a seasoned attorney can be incredibly valuable in any divorce matter, even if it is just to advise both of you regarding the most efficient next steps.
Is Mediation Required Before Divorce Litigation in Arizona?
Mediation is not necessarily required before divorce litigation in Arizona. Depending on the circumstances of the case and requirements set by the court, spouses may be encouraged or required to participate in mediation before a judge will decide on certain issues, such as those involving child custody. The requirements can vary on a case-by-case basis.
Can a Mediator Help With Property Division in a Divorce?
Yes, a mediator can help with property division in a divorce. Property division is one of the most frequently disputed aspects of divorce, and a mediator can help couples identify problems and divide property according to their preferences and in compliance with Arizona law. Some couples have trouble deciding how to distribute specific assets or need help determining how to divide debts. A mediator can assist with such issues without needing to involve the courts.
Is Arizona a 50/50 State for Property Division?
No, Arizona is not a 50/50 state for property division. In Arizona, marital property, which is property that was acquired over the course of the marriage, regardless of whose name is on the property, is divided equitably in the event of divorce. In some states, all marital property is divided equally regardless of either person’s financial situation, but in Arizona, property is divided equitably, even if that does not result in equal distribution.
Need Divorce Representation? Hire a Mediation Lawyer
If you are going through a divorce and need legal assistance with the process of mediation, you should hire an experienced attorney with in-depth knowledge of Arizona divorce law.
At Ellsworth Family Law, P.C., we are a boutique law firm with a 20-year track record of client advocacy in Arizona. Two of our partner attorneys are Certified Family Law Specialists, and we have the professional skills to support you. Contact us to discuss your case and find out how we can help.
