Can the mediation reach a custom tailored agreement for me and my spouse?

The relaxed atmosphere of mediation allows for creative settlements that are tailored to the parties’ individualized circumstances. Mediation permits the parties, rather than the court, to control the outcome of their case. The tailored agreements typically result from both parties’ determination of how they will share their children, how they will make major decisions concerning their children, who will pay child support and how much, and how to equitably divide property and debts.

Once an agreement is reached how can I put it in writing?

Once the parties have reached a verbal agreement, Best Law Firm here in Scottsdale can draft a Memorandum of Understanding to memorialize the parties’ agreements that complies with Family Law Rule 69. We can also draft the petition and supporting documents to initiate your case in the court, as well as draft and file the consent decree, parenting plan and property settlement agreement to finalize your case. We can draft all of your documents, from start to finish.

What happens when the parties reach a verbal agreement?

Two persons cannot divorce or legally separate unless, and until, certain paperwork is filed with the court. In Arizona, Family Law Rule 69 requires parties to have a signed, written agreement for it to be binding in the court. In some cases, the parties may not need or want their agreement to be enforceable. In other situations, it is required that the agreement be filed with the court. Here in Scottsdale, Best Law Firm can assist the parties in completing all the required paperwork. We can also draft the necessary decree for your case or other paperwork, such as child support.

How does the mediator help resolve issues?

The mediator, in an impartial role, will help the parties define the issues, explain the legal process in the state of Arizona and then assist the parties in finding mutual agreements. The mediator’s job is to keep the parties conversing about the issues and help them move toward agreements. To accomplish this, the mediator engages in conversation with the parties to identify issues and possible solutions. Throughout the conversation, the mediator may propose various settlement options.

What does a property settlement agreement do?

A Property Settlement Agreement lays out and explains how your property will be divided. If the court ultimately decides how your property will be divided, the property division will be explained in your decree, which is public record and can be read by anyone. If, however, you negotiate and draft a Property Settlement Agreement, you can incorporate this agreement by mere reference in your divorce decree. (This means that your decree will include language referring to your Property Settlement Agreement as the explanation of the property division).

Should you write your agreement or seek the advice of an attorney? It depends on the complexity of your situation. You may consider consulting an attorney so that you understand the family law statutes and how they apply to you. If there is an impasse between you and your partner, you do not need to go to court; you can mediate (settle) your dispute with a mediator, who is preferably an experienced family law attorney.

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