Arizona Divorce Mediation Checklist: How to Prepare

Before You Start

Mediation is the most productive after document disclosure and you arrive prepared. That means knowing what you want, what you need, what you can compromise on, what documents support your position, and where you need legal advice before saying yes. Mediation can happen before the divorce is filed, after it is filed, anytime during the process or the day of trial. This checklist helps you organize your goals and information as you get prepared for you Arizona divorce mediation session.

Arizona Law Notes

In Arizona, spouses may enter into written and signed separation or settlement agreements addressing any issues including temporary payments, property division, spousal maintenance, and all child-related issues. The court reviews all agreements, especially child support, legal decision-making, and parenting time before signing off on the decree, property settlement agreement or parenting plan. Terms involving children must be reasonable and consistent with the children's best interests.

1. Clarify Your Mediation Goals

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Identify your top three priorities.
Identify what is most important to you.
Identify the issues where you have flexibility.
Decide what outcomes you cannot accept.
Write down questions and keep an ongoing list.
Consider that you probably need attorney's review before signing any legal document.

2. Prepare Property and Debt Information

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Bring a list of all community assets.
Bring a list of separate property assets.
Gather account balances as accurate to the mediation date as possible.
Identify debts and who has been paying them.
Estimate the value of vehicles (bring KBB) real estate, businesses, valuables, and retirement accounts.
Identify property that needs appraisal, valuation, or tracing.
Decide whether either spouse will keep the home, sell it, refinance it, or buy out the other spouse.

3. Prepare Parenting Issues

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Bring the children's school, daycare, medical, and activity schedules.
Draft a preferred weekly parenting time schedule.
Draft a holiday, school break, summer, and birthday proposals.
Draft outline of transportation, exchange locations, and exchange times.
Decide how major legal decisions should be made.
Plan how parents will communicate about the children.
Address relocation, travel, passports, extracurriculars, grandparents, phone communication, emergency medical care and any other particular issues related to your children.

4. Prepare Child Support Information

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Bring current income information for both parents (payroll receipts).
Gather childcare costs.
Gather health, dental, and vision insurance premium information for the children.
Gather recurring medical, therapy, or educational expenses.
Confirm the parenting time schedule being used for support calculations.
Know whether either parent has other child support obligations.

5. Prepare Spousal Maintenance Issues

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Identify whether spousal maintenance is being requested and whether a spouse is eligible.
Prepare a detailed list of living expenses post divorce using the court form Affidavit of Information as a starting guideline
Gather income, expenses, and employment records.
Decide if a vocational evaluation would be helpful.
Identify education, training, job-search, or health issues affecting self-sufficiency.
Discuss amount, duration, tax assumptions, and modifiability with an attorney before final agreement.

7. Review Any Proposed Agreement Carefully

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Does the agreement divide every asset and debt?
Does it address refinancing, sale deadlines, and title transfers?
Does it include a complete parenting schedule?
Does it address legal decision-making clearly?
Does it calculate child support using accurate numbers?
Does it address health insurance, uncovered medical expenses, and childcare?
Does it state whether spousal maintenance can be modified?
Are deadlines specific and enforceable?
The devil is in the details. Do not assume everything will work itself out. Spell out the details in the agreements: when are payments due, who gets the children at what time on Christmas, what happens when a parent refuses to take son to baseball in a year?

FAQs

Common Questions

Do I still need an attorney if I use mediation?

Mediation is just a method of resolving all the issues in a divorce. Attorneys help with that process, outline the legal issues, give you legal advice, sew up the many details, identify issues you cannot foresee, answer your questions, advocate for you, and write the appropriate binding legal documents. Attorneys can help you schedule and hire the right mediator for your case. Not all mediators are the right choice for every divorce. Your

Can mediation resolve child custody issues in Arizona?

Yes, parents can mediate legal decision-making and parenting time. The Parenting Plan has certain legal requirements in order for the court to sign off on it. An experienced family law attorney can help you with details to secure what is written and help prevent future litigation. Many parents come back to court after the divorce on child issues.

Should I bring documents to mediation?

Yes. Mediation is more effective when both sides have accurate financial and parenting information. Missing documents can lead to delay or unfair terms.

What if mediation does not resolve everything?

That is OK. Partial agreements can still be useful. Unresolved issues may require additional negotiation, a second mediation, assistance from an attorney or a trial.

Talk With Best Law Firm

Ready to Discuss Your Situation?

Before you agree to divorce terms in mediation, make sure you understand your rights. Our Arizona family law team can help you prepare for mediation, review proposed agreements, and protect your long-term interests. We can also be retained by both spouses as a neutral third party mediator.

Book Your Consultation

This checklist is for general educational purposes only and is not legal advice. Arizona family law can be fact-specific, and court procedures may vary by county. If you are preparing to file, respond, negotiate, mediate, or appear in court, speak with an Arizona family law attorney about your situation.

Before You Start

Work Through the Steps

1. Clarify Your Mediation Goals

2. Prepare Property and Debt Information

3. Prepare Parenting Issues

4. Prepare Child Support Information

5. Prepare Spousal Maintenance Issues

6. Prepare for Productive Negotiation

7. Review Any Proposed Agreement Carefully

Common Questions

Ready to Discuss Your Situation?