Disagreements during the divorce process are almost inevitable. From dividing property to splitting parenting time, divorcing spouses need to address lots of issues, and they will understandably have conflicting goals and priorities in many circumstances.
But, when disagreements arise, they do not have to derail the process. By taking an informed, conscientious, and forward-thinking approach, divorcing spouses will usually be able to find a way to come to terms. If they aren’t able to come to terms, going to court is always an option—but this should almost always be treated as a means of last resort.
How Spouses Can Resolve Disagreements During the Divorce Process in Arizona
With this in mind, if you are preparing for a divorce in Arizona, how can you prepare to overcome any disagreements that arise? Here are four ways that spouses can resolve their disagreements during the divorce process:
Divorce Settlement Negotiations
The first option—and the most common option by far—is to resolve disagreements through divorce settlement negotiations. If you and your spouse are preparing to bring your marriage to an end, you will most likely negotiate the terms of your divorce.
While the idea of “negotiating” can be intimidating, this doesn’t have to be—and often isn’t—a formal process. Negotiating a divorce simply means finding a way to come to terms without engaging a mediator or going to court (see below for more on both of these options). If you and your spouse each hire your own attorneys to represent you, your respective attorneys will be able to provide advice throughout the process while also helping to facilitate an amicable resolution.
There are several keys to successfully negotiating the terms of your divorce with your spouse. But, in many cases, one of the most effective strategies is simply to start making progress. The farther along you get, the more invested both of you will be in arriving at a comprehensive marital settlement agreement.
Divorce Mediation (With or Without Separate Legal Representation)
If you and your spouse need help coming to terms during your divorce, then divorce mediation could be a good option.
You and your spouse can pursue divorce mediation either with or without separate legal representation. While our divorce attorneys represent spouses during the mediation process, founding attorney Adam Weingart also serves as a mediator for spouses who otherwise want to handle the divorce process on their own. In this capacity, Adam helps ensure that divorcing spouses understand each other’s point of view, and he offers suggestions for compromises that do not disproportionately impair either spouse’s legal rights.
A key aspect of divorce mediation is that the mediator does not make any binding decisions. Instead, the mediator helps the spouses find a way to come to terms. If divorce mediation is successful (as is usually the case), the process will end with the spouses having reached a comprehensive agreement on how to move forward.
The Collaborative Law Divorce Process
The collaborative law divorce process is an option for spouses who want professional advice (other than legal advice) or who need to resolve particularly complex issues during their divorce. In a collaborative law divorce, the spouses may work with non-lawyer professionals including accountants, appraisers, and child psychologists, among others.
As its name suggests, collaboration is a fundamental aspect of a collaborative law divorce. The idea is that all of the parties involved—the spouses included—work toward finding an optimal resolution under the circumstances at hand. If you are interested in learning more about the benefits of pursuing a collaborative law divorce in Arizona, our lawyers can explain everything you need to know.
Taking Their Dispute to Court if Necessary
The final option for resolving disagreements during a divorce in Arizona is taking the divorce to court. As we said above, this is almost always a means of last resort. There are several reasons why, including:
- Going to court substantially reduces the likelihood that the spouses will remain on speaking terms after their divorce (which can create particular challenges in cases involving minor children);
- Going to court will be more expensive (and likely significantly more expensive) than any of the other options discussed above; and,
- Unlike the other options discussed above, when spouses take their divorce to court, they do not have control over the final outcome (because the judge will render a binding decision after hearing arguments from both sides).
With this in mind, if you think your divorce might be headed to court, it will be a good idea to speak with a divorce lawyer sooner rather than later. An experienced divorce lawyer will be able to help you thoroughly evaluate your options; and, if you have options that allow you to avoid going to court, your lawyer will be able to help you pursue them.
What If We’re Interested in an Uncontested Divorce?
Increasingly, we are hearing from couples who want to pursue an uncontested divorce. If you and your spouse are interested in an uncontested divorce, do the options discussed above still matter?
The short answer is, “Yes.” Even when divorcing spouses agree to pursue an uncontested divorce—and even when they are largely in agreement on how to proceed—there may still be a variety of issues they need to address. To ensure that they do not overlook any issues (which can lead to expensive problems down the line), couples that are intending to pursue an uncontested divorce will want to work with an experienced divorce lawyer or mediator who can help make sure they are fully in agreement on the terms of their divorce.
Discuss Your Options with a Phoenix Divorce Lawyer at Weingart Family Law
If you would like to know more about the options that are available for resolving disagreements during the divorce process in Arizona, we invite you to get in touch. To discuss your options with an experienced Phoenix divorce lawyer at Weingart Family Law for free, call 480-542-0099 or contact us confidentially online today.