Law Office of Christopher W. Caine.

Is Mediation Better Than The Court Process In A Divorce?


Yes, mediation is always better than the court process. Generally, in Pima County, in a divorce where kids are involved the Court will normally have them work through court-ordered mediation to resolve issues of parenting time and legal decision-making. If the parties cannot resolve their issues in mediation, then the parties will take the un-resolved issues to trial and let the judge determine how those issues will be decided. If the parties cannot resolve community property issues or issues of spousal maintenance, then they can agree to hire a private mediator in the community to try to resolve those issues. If they cannot resolve the issues in mediation, then, again, they will take the un-resolved issues to trial and let the judge determine how those issues will be decided. In many cases mediation can resolve the issues between the parties far cheaper, with much less stress and sooner than they can resolve the issues at trial. And, parties sometimes find that they get the same result or a similar result after trial that they could have achieved in mediation.

What Are Some Reasons That One May Seek A Post-Divorce Modification?

If we’re talking about the modification of a child support order or a spousal maintenance order, it’s usually going to be because someone’s income increased or decreased. An increase or decrease in income can happen for various reasons. One party may have been promoted or found a new job that pays significantly more money. Or, one party may have lost a job or had to reduce their working hours for some reason. Regarding spousal maintenance, one of the parties may have remarried which will terminate spousal maintenance, but only after the paying party (obligor) seeks a modification of the spousal maintenance order in court.

What Are The Different Types Of Child Custody Arrangements In Arizona?

Arizona now calls custody parenting time. Parenting time ranges from equal time sharing (50-50 parenting time arrangements) to every other weekend arrangements and anything in between that the parties can agree to or that the judge will impose.

For more information on Mediation Vs. Court Process In Arizona, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (520) 360-4292 today.

Chris Caine, Esq.

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(520) 389-5634

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