Q: Is it possible to petition for a divorce in AZ then work with a mediator to divide property?
I would like to file the petition ASAP then work with a mediator to divide property after the petition has been filed. I want it to be on record with the court that I filed. The reason is, I do not want to be held liable for any poor financial decisions my spouse makes, or any poor decisions in general. The petition requires that property we had prior to the marriage and acquired during the marriage be included in the form. For some property, it's going to take time to come to a consensus on what to do with it. In the mean time I'm feeling a sense of urgency to take steps now in order to protect myself from possible negative consequences. I am hoping that I can file the petition without dividing the property. I want to file first then work with a mediator later to come to an agreement on property. Is this possible in AZ? There are no minor children involved. Thank you.
A:
Yes, it is possible to do that. A couple things to know:
1. You file and serve your ex with the divorce paperwork. Once you serve your ex, the "marital community" severs (provided you do actually get divorced) on that date, and that mean your joint liability for your spouse's actions end that day as well.
2. Once you file the divorce process is going, so there will be Court deadlines and hearings happening as you try to work out this agreement. You might be to tell the judge you're in mediation and be asked to put on the inactive calendar.
3. He's got to agree to mediation. Then the two of you need to agree on a mediator.
4. There is a collaborative divorce option. I'm not a fan of it because if you can't come to an agreement, it requires you to start over completely, and I really think it's only useful in high-end cases. But it may option to explore. It would require both of hiring an attorney.
A:
Of course. Mediating a divorce matter can result in significant benefits over traditional litigation
- can be less costly.
- can me quicker.
- allows both parties control over he outcome.
- allows a better opportunity to preserve the relationship.
- less adversarial
- less emotion
- can allow for creative problem-solving and flexible solutions that address both parties' unique circumstances and priorities.
Perhaps most importantly, statistics suggest that when both parties work on and come to an agreement, they are more likely to comply with its terms and feel satisfied with the outcome.
Mediating a divorce matter can result in significant benefits over traditional litigation
- can be less costly.
- can me quicker.
- allows both parties control over he outcome.
- allows a better opportunity to preserve the relationship.
- less adversarial
- less emotion
- can allow for creative problem-solving and flexible solutions that address both parties' unique circumstances and priorities.
Even when mediating however, it can be wise to have an attorney of your own choosing review the terms of any agreement before committing to them.
A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, 1/2-hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.
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