The divorce process largely occurs in the family courts. Someone who believes that ending their marriage is the best solution for their family will file paperwork with the courts to start the process. If their spouse is unwilling to negotiate the terms of the split, they may then need to attend hearings and present evidence about matters ranging from property division to child custody arrangements.
Particularly when emotions are intense and people find themselves disagreeing with their spouse about what would be appropriate for their family, they may resign themselves to the inevitability of a contested divorce in the Arizona family courts. However, even those in a high-conflict scenario could potentially resolve their disagreements through divorce mediation services. The following are some of the reasons that couples decide to attend mediation instead of litigating their divorce cases.
They don’t want to give up control
The truth about litigated divorce is that couples are largely at the mercy of a judge’s determination. While judges must abide by Arizona law when dividing custody or ordering the division of property, some of the choices they make will rely on their subjective interpretation of family circumstances. There is never a guarantee that someone can maintain ownership of the family home or their small business unless they file an uncontested divorce in which they have set all the terms through mutual agreement with their spouse.
They have embarrassing issues to address
Did one spouse spend an embarrassing amount of money on substance abuse or a gambling issue? Was the marriage plagued by infidelity, meaning that a significant portion of marital resources went to a purpose that undermined the Integrity of the relationship? When there are specific factors that should influence major decisions in the divorce that people would prefer to keep off the public record, a confidential mediation environment can be a better place to discuss those matters than a family courtroom.
They worry about their children
The more intense and emotional divorce proceedings become, the more difficult the divorce can be for the children in the family. They may feel like they have to choose a side, which will inevitably damage their relationship with one of their parents, if not both of them. If parents can settle the matters that they disagree about outside of court, they can potentially minimize the fights their children witness and keep them from needing to make any statements in family court.
Undergoing divorce mediation can help people keep control of the process and minimize the conflict involved in an Arizona divorce. Couples can seek legal guidance at any time to better evaluate whether this is a good option for their circumstances.
