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You and your spouse can complete your divorce through mediation at Best Law Firm without either of you hiring a separate attorney. Best Law Firm can act as the neutral third party mediator to both spouses. The process follows eight steps, from your first phone call to the day the signed decree is entered by the court. Here is what happens at each step and what you can do to keep it moving.
The Eight Steps
1. Call Best Law Firm for a consultation.
Call Best Law Firm at (480) 219-2433 and tell Julia you are calling about mediation. Julia will ask a few questions about your situation and find a time that works for your consultation.
2. Meet with Tali for your consultation.
Julia schedules a consultation with Tali, who explains the mediation process. Tali will walk you through how the sessions work, what documents you will need, what the process costs, and how long it usually takes. Bring your questions, and bring your spouse if you would like to hear the explanation together.
3. Sign the Fee Agreement and pay the advance fee.
You and your spouse both sign the Fee Agreement and pay the advance fee, which is also called a retainer. The Fee Agreement explains the services Best Law Firm will provide and how fees are charged. Mediation begins once both of you have signed and the advance fee is paid.
4. Gather the documents on your disclosure list.
Best Law Firm sends you a letter outlining the document disclosure list. The list tells each of you which financial records to gather, such as bank statements, retirement account statements, tax returns, pay stubs, mortgage and loan statements, credit card statements, and business records. If you cannot get a document, write down what you know about the account, including the name of the institution, the account number, the approximate balance, and whose name it is in, so the missing piece can be located.
5. Attend your first mediation session.
Both spouses attend the first session with a Best Law Firm attorney serving as the neutral mediator. The session usually lasts two to three hours. You can decide how long to schedule your first session. Some cases settle in 3 hours, some take all day. It is fine either way. You will attend in person at our office, by Zoom, or by telephone. When you attend in person, each of you is in a separate room and the mediator moves between the rooms so you can think clearly and say what you want to say. Bring your own coffee and snacks or we will provide that ever important nourishment and hydration! Be comfortable!
6. Schedule a second session or sign a Memorandum of Understanding.
If issues remain after the first session, a second session is scheduled. If you have resolved everything, you both sign a Memorandum of Understanding that records the terms you agreed to. A written agreement signed by both of you is binding under Ariz. R. Fam. Law P. 69(a)(1), so read every term before you sign. If a term is not clear to you, ask about it before you sign.
7. Final documents are drafted and filed with the court.
Best Law Firm drafts your final documents and files them with the court. Depending on your case, the documents may include the consent decree, the property settlement agreement, spousal maintenance calculations, the parenting plan, and the child support worksheet. Both of you review and sign the final documents before they are filed.
8. Your divorce is final when the signed decree is entered by the court.
The judge can sign your decree no sooner than 60 days after your spouse is served or accepts service. A.R.S. § 25-329. If you have the Summary Consent Decree process you can file all your documents in one package. Your divorce is final when the signed decree is entered by the court, subject to the right of appeal. A.R.S. § 25-325(A). The court mails the signed decree to you.
Talk to Tali
Best Law Firm offers mediation, divorce coaching, document preparation, limited scope representation, attorney review, Rule 69 agreements, decree drafting and the Summary Consent Decree Process. Tali handles every new client consultation. You can schedule your consultation with Tali at bestlawaz.com/talk-to-tali.
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