THE AURIT CENTER 
Getting Started
Divorce is the legal process of ending a marriage. In Arizona, the legal term for divorce is “dissolution of marriage.” During the divorce process, spouses will need to make a number of important decisions. The most commonly known are decisions regarding asset and debt division, spousal maintenance (alimony), and parenting issues, including parenting time, legal decision-making, financial obligations, and child support.
In each and every state, including Arizona, even the simplest divorce requires a significant amount of legal document preparation. These documents must address every issue of divorce, and be legally filed, to ensure a thorough and valid process. Attention to detail is paramount. Errors and oversights can cause a divorce to spiral out of control and result in long-term litigation.
The Aurit Center for Divorce Mediation offers all mediation services 100% online. You and your spouse can complete your entire divorce process from the comfort of home. We offer a free complimentary consultation, where you can meet your potential mediator who will explain mediation and answer your questions. We take care of everything, start to finish, for a personalized flat fee. We prepare all legal documents and file them for you. You never have to step foot in a courtroom. Complimentary consultations do not start any process.
When you are ready to move forward with a divorce, it is best to start by understanding everything you can about divorcing in Arizona. Empowering yourself with information will help you to make decisions that allow you to go through your divorce process in the healthiest way possible. There are options as to which approach you can to take and with an understanding of Arizona’s divorce process you will be able to thoughtfully communicate with your spouse about which to choose.
In Arizona, you can choose to litigate or mediate your divorce. There are great differences in the cost and timeline between these two approaches. Most importantly, as you become knowledgeable of the divorce process, it will become clear that mediation offers emotional and psychological benefits, as opposed to the harmful conflict of a litigated divorce battle. You will also be prepared to clearly explain to your spouse how you can both benefit from a peaceful divorce through mediation.
Although the process for Legal Separation and Divorce are quite similar, there are large differences between the two. However, Legal Separation differs from Divorce in a number of ways. To begin with, Legally Separated spouses must sign a Separation Agreement, which is a legally-binding contract that resolves debt, property, and child-related issues.
The Separation Agreement is very detailed and outlines all rights and responsibilities. Spouses are wise to consult with an attorney or mediator to assist them during this process, especially when there are children or complex assets involved. To determine whether or not you what a Legal Separation or a Divorce, it is important to understand that Legal Separation:
Arizona is a no-fault divorce state, meaning neither spouse needs to find the other spouse ‘at-fault’ in order to file for divorce. All that is necessary as grounds for divorce is for one spouse to wish to dissolve the marriage. When one spouse is ready to divorce, there is nothing the other spouse can do to prevent it. This is one reason that it is so important that spouses have options as to how they will complete their process. The Aurit Center offers a healthier option to divorce litigation.
HELPFUL TIPS: Arizona’s family court has a residency requirement which requires that at least one spouse must have resided in Arizona for at least 90 days to file.
In Arizona, there are two types of divorce: uncontested and contested. In the former, the couple initially agrees on all divorce terms and conditions. A contested divorce, on the other hand, means the spouses don’t initially agree. Mediation resolves the vast majority of contested divorces. In litigation, a contested divorce requires extensive discovery, hearings, appearances, and a trial to battle out the details of dissolution of marriage.
In mediation, spouses reach agreements regarding the division of assets and debts. However, In litigation, a judge makes those decisions. Arizona is a community property state, meaning the courts will typically divide the property of the “community” (the marriage) 50/50 in a divorce settlement. Arizona is one of only only nine states that abide by community property rules.
Most states follow equitable distribution rules, in which the court decides how to divide property based on a number of factors, based on what is “fair.” But In Arizona, Community Property means all physical properties, financial portfolios, businesses owned, money, bank accounts, retirement accounts, stocks, bonds, home equity, income, vehicles, and furniture that a couple acquired during their marriage. Community Property also includes debts; including credit card debt, tax debt, and student loans. Any property acquired before marriage or via inheritance is separate property and not included in the 50/50 division.
Commingled Property is separate property that one spouse mixes with community property. For example, when a couple joins bank accounts after marriage, they turn separate property into community property. Determining whether property is community, commingled or separate can become complicated and may require the assistance of professionals, such as forensic accountants.
Spousal Maintenance, often referred to as alimony, is a payment one spouse regularly makes to the other in order to bridge an income or property gap between the two of them.
Arizona courts do not use Spousal Maintenance awards as punishment for wrongdoing, such as infidelity. Instead, Arizona uses it to help a spouse meet their reasonable needs. Spousal Maintenance can provide a great deal of assistance during the sometimes difficult transition to life as a single individual on a single income.
There is no calculator for spousal maintenance in Arizona. In fact, there is very little predictability about spousal maintenance awards made by the court, resulting in lengthy contentious litigation. Five different judges will likely award five completely different spousal maintenance awards and usually leaves both sides feeling as though they have lost. Sadly, litigation costs easily rise far above the amount of support in dispute. Litigation causes substantial risk for both spouses and creates a strong interest in mediating an agreement before a judge decides the awards.
Under A.R.S. 25-319, spousal maintenance is paid from one spouse to the other when:
Arizona courts look at thirteen different factors to determine the amount and duration of Spousal Maintenance payments, in summary:
Typically, Spousal Maintenance only lasts as long as it takes for the recipient to become self-supporting. However, depending on the circumstances, long term spousal maintenance may be awarded. If the decree does not list an end date, the payer must continue to make scheduled payments until the court orders otherwise. In most cases, Spousal Maintenance ends if the recipient remarries or upon the death of the payer or recipient.
Mediated agreements for Spousal Maintenance can be creative, such as part or all being paid as a lump sum; part or all being paid with other assets or using step-down payment approaches; or identifying triggers to decrease/increase payments. Additionally, mediation allows for personalized language regarding future modifications or termination of payments. In mediation, all agreements, including Spousal Maintenance agreements, can be creatively personalized, in a manner both spouses deem to be fair.
Child custody is one of the most delicate and emotionally-charged issues of divorce. Parents involved in custody and/or visitation disagreements can find themselves in an emotionally and financially draining legal battle. In the end, after a damaging toll on children and parents, the courts rule based on what they believe is in the child’s best interests, regardless of each parent’s argument during hearings and/or trials.
When divorcing spouses have minor children, Arizona law requires that a parenting plan be created and executed. Parents must fully agree on all parenting plan terms—otherwise, a Judge will order the terms of your parenting plan for them. The goal of a parenting plan is to address each and every issue that may arise in order to provide a structure for addressing challenges that come along with parents living in different homes. The better the parenting plan, the lower the conflict in the future.
In mediation, a skilled mediator guides a creative, solution-focused conversation that allows parents to reach agreements that meet their unique needs. A robust parenting plan is developed which can prevent conflicts regarding parenting time, legal decision-making authority, and child support. The mediator facilitates healthy communication between the parents.
In litigation, parents may settle on a plan working with their attorneys. Otherwise, the judge creates a plan for parents, and in which case, neither parent is usually satisfied with the outcome.
Many issues are covered in a parenting plan. In mediation, parents can also raise their own customized issues and build agreements around things that are most important to them. Some common issues in a parenting plan include:
These are just some of the main items your parenting plan may include. You and your spouse can add provisions, as necessary, until you believe you have a solid plan for taking care of your child today, tomorrow, and well into the future. At the Aurit Center, your experienced, neutral mediator, will facilitate a custom-tailored approach to help you and your spouse develop a thoughtful plan which addresses all of our unique needs.
Arizona law requires parents to provide “reasonable support” for minor children, whether there is sole or joint decision-making authority, and regardless of time spent with either parent. Courts give the child support obligation top priority among financial issues. Arizona uses the Arizona Child Support Guidelines to calculate the amount of support to be paid. These guidelines include:
In Arizona, the guidelines use The Income Share Models which states that each child should receive the same proportion of income from each parent, that he or she would have received, had the couple remained married. Arizona courts do not factor in marital misconduct, but rather they look to the following factors:
Child support payments are typically made until the youngest child turns 18. Payments may continue past beyond 18 if the child has special needs and is unable to live independently and be self-supporting. If an 18 year old child is still in high school, payments may continue until the age of 19.
Child support can also be modified when a parent can demonstrate ‘changed circumstances that are substantial and continuing.’ When a parent’s income substantially increases or decreases, a modification of child support is generally indicated. However, a change is not indicated if the parent voluntarily departs from a higher paying job. When this occurs, a Judge may impute the higher income, even though the parent is no longer at that income level.
Generally, child support determined using the Arizona Child Support Guidelines will be ordered by the judge. However, when this amount is “unjust”, and it is in the best interests of the child(ren) to deviate to a higher or lower amount, the court can grant the deviation.
Often in mediation, parents agree to deviate the amount based upon what it is in the best interests of their children
The term “custody,” although still frequently used by the general public, can no longer be found in Arizona law. The terms ‘sole custody’ and ‘joint custody’ have been replaced by less adversarial language. The term ‘legal custody’ has been replaced by ‘legal decision-making authority.’ The court may award both parents joint legal decision-making authority or may award one parent with sole legal decision-making authority. Legal decision-making authority generally refers to the parental authority to make final decisions regarding a child’s major health and medical decisions, major religious decisions, and major educational decisions.
Arizona courts interpret joint legal decision-making as the default order based on recent law and precedent. The presence of certain facts, such as a history of domestic violence, child abuse, substance abuse, and certain criminal convictions, can result in the court awarding sole legal decision-making authority.
Interestingly, the court may also assign certain types of decisions to each parent. For example, the mother may be awarded legal rights to make the child’s medical decisions, while the father is awarded legal rights to make the child’s educational decisions. Judges do what they believe is in the child’s best interest.
Separate from legal decision-making is the issue of parenting time. Previously called ‘physical custody’, the issue of when the children will be with Mom and Dad is now referred to as parenting time. An award of joint legal decision-making authority does not necessarily mean equal parenting time. Equal, 50-50 parenting time has generally been the court’s default order, as Arizona law recognizes that barring certain present facts, equal time with parents is in the child’s best interests. When making parenting time decisions, judges look to past, present, and potential future relationships between parent and child.
Although Arizona divorce requires a number of specific steps, how those steps are completed depends upon the approach taken to manage the divorce process. As you review the required steps, you will be able to easily compare mediation vs. litigation, and begin to formulate an idea about which approach will best suit your needs
In mediation, an Arizona divorce mediator who understands the importance of keeping conflict low, will ensure that the Petition is signed after mediation begins, as part of the mediation process. Filing before mediation begins is a mistake that can lead to unnecessary conflict. In mediation, the Petition is a benign document stating the required legal language to request a divorce. It is the Petitioner’s statement of their wish to divide assets and debts fairly and make decisions that are in the best interests of the children. It ends with a statement that all specific terms will be decided by the spouses in mediation. This broad, neutrally-worded Petition for dissolution of marriage keeps conflict as low as possible. Your mediator will explain the Petition, in detail, to both spouses, in maintaining with the total transparency of mediation.
HELPFUL TIP: The Courts require a filing fee to process legal documentation.
HELPFUL TIP: If you have a covenant marriage, you will file a petition specifically for covenant marriages.
In litigation, the Petition typically includes an issue-by-issue outline of what the Petitioner is requesting in the divorce—the Petitioner’s demands. Each issue or some issues may be covered: child custody, parenting time, child support, spousal maintenance, property division, asset distribution, attorney fees, and other costs. These requests are often to the surprise of the other spouse. Too often, the Petitioner’s specific requests are perceived as “extreme” which can lead to significant conflict at the outset of the divorce process.
HELPFUL TIP: In Arizona, the spouse who files the Petition is referred to as Petitioner. The other spouse is then referred to as Respondent. In Mediation, it makes no legal difference who is listed as either. How these roles are affected in Litigation will be explained below.
Knowing it can create unnecessary conflict, in mediation, neither spouse gets “served” with divorce papers. Instead, your mediator will prepare a document called an Acceptance of Service for the Respondent to sign, which waives the need for formal service and acknowledges Respondent’s receipt of a copy of the Petition. This process removes the need for either spouse to be “served”, thereby supporting the low-conflict process of mediation.
HELPFUL HINT: After the Acceptance of Service is filed, there is a 60-Day mandatory waiting period before the final Consent Decree can be filed.
In litigation, “being served” means that someone is hired to give the Petition, Summons, and supporting documents, to the Respondent. This is done by a process server or law enforcement officer of the court, who may find the Respondent at his or her home, place of work or any other locations, such as out to dinner with friends. As you can well imagine, this process can lead to a great deal of conflict.
In mediation, the Petition does not state any specific terms or ‘demands’ and spouses anticipate reaching agreements on all issues, therefore, no Response is necessary.
Respondents who are residents of Arizona, once served with a Petition, must file their Response, or opposing papers, within twenty days. For Respondents who reside out-of-state, the Response must be filed within thirty days. Failing to respond can result in loss of one’s right to present an opposing position to the Petition to the court. If no response is filed, the court can award all of the Petitioner’s requests or ‘demands’.
Mediation often begins with a discussion about what reasonable arrangements need to be made during the divorce process. The mediator leads a discussion about how to establish as much stability as possible throughout the process. In mediation, spouses stay in control of their Temporary Agreements, in contrast, in litigation, spouses have no control over a Judge’s Temporary Orders. Temporary Agreements solve issues immediately, at far less cost than the Temporary Orders process, and have more positive outcomes than going to court.
Litigation often begins with either spouse requesting the court to make Temporary Orders. A judge issues Temporary Orders that remain in place while the divorce case is pending. Temporary Orders can include, but are not limited to: spousal support, who will remain in the marital home, child custody, parenting time, child support, responsibility for bills, etc. In Arizona, when children are involved in a pending litigated divorce, the court will automatically create Temporary Orders for child support. However, it is important to note that this process can take several months to complete and the court makes the decisions.
In a process known as Discovery, each divorcing spouse is legally entitled to information regarding all assets, debts, and income of both spouses. This can be a quick and easy process, in mediation, or a time-consuming, conflict-producing, expensive process, in litigation. The depth of discovery depends upon many factors but primarily depends upon the size and value of the estate and the length of the marriage.
In Arizona, honest and complete disclosure is required and failure to meet this requirement has serious consequences to include being found guilty of perjury and severely fined by the court. Additionally, a judge may void the finalized divorce decree of dissolution of marriage disco and award disproportionate assets to the innocent spouse.
In mediation, Discover means completing a form, provided by your mediator, and bringing copies of requested documents to your mediation meetings. It is that easy.
In litigation, Discover is an adversarial process in which attorneys maneuver to collect information that spouses voluntarily exchange in mediation. Often, the majority of divorce legal fees result from a contentious Discovery process. Many spouses experience a great deal of distress and frustration during an expensive Discovery process. Litigated divorces include Discovery procedures, referred to as discovery devices, to include:
It is always preferable, emotionally, and financially, to resolve a divorce case by spousal agreement rather than going to trial. When spouses create their own divorce agreements, it’s called a negotiated settlement agreement which becomes a Consent Decree.
Although a divorce lawyer may recommend that you accept or reject a particular settlement proposal, it is your decision to settle or not. It is important for you to understand that your lawyer can not and will not make this decision for you. You are in control.
The mediation process is a negotiated settlement process. It is the respectful, low-conflict process by which spouses communicate, with the help of a neutral mediator, and reach agreements that both believe are fair and in their best interest.
The process usually involves spouses having 2 – 6 meetings with their mediator. The mediator identifies the issues of the divorce, gives legal information, and helps spouses to develop and communicate options to reach agreements. The spouse’s interests, ie. what each wants and needs and why, are discussed in detail. Spouses reach mutually-beneficial agreements on all issues. The agreements become the divorce decree. Our mediator’s prepare and file all documents so spouses never have to go to court. Our mediation process is managed specifically to avoid fighting, misunderstandings, and conflict to maintain the emotional and financial well-being of spouses and their children.
Depending on the attorneys, negotiated settlement may or may not happen. Each attorney may submit offers, counteroffers, and rejections of offers, in part or in whole, during litigation. Rather than discussing interests, spouse’s take positions which easily become the focus of litigated settlement talks.
At any point in the litigation, spouses can choose to enter into mediation to settle issues to bring an end to litigation. Often, mediation is more successful and attorney negotiations.
HELPFUL TIP: If you are in litigation now, ask your attorney about entering mediation to settle issues. Don’t wait until a year or more of litigation has gone by and you have spent thousands of dollars. The sooner you begin settlement negotiation in mediation, the better.
There is no trial in mediation. If mediation in Arizona begins at the start of a case, there is never a time spouses will ever enter a courtroom or even go near a courthouse. The divorce process is entirely handled out of court.
In mediation, there is no trial. Our mediation team handles all document preparation and filing and there is never a time when you will enter a courtroom. Mediation takes place 100% out-of-court.
Trial is the final stage of litigation. At trial, each spouse argues each remaining unresolved issue to a judge. This argument can be in the form of testimony from each spouse or witnesses, or in the form of documents and exhibits.
Trials are very expensive. Depending on the complexity, trials can range from $10,000 to well over $50,000 per spouse. Trials are unpleasant for everyone involved and going to trial exposes both spouses to large risks. No lawyer can predict the outcome of a trial, because every case is unique and every judge is unique and wields discretion in their own way.
Trials typically last about a day. This is the only opportunity for the judge to become familiar with the entire case, the spouses, the children and interests of everyone involved, before making decisions that will affect the rest of their lives. The judge’s decisions become the divorce orders which spouses are bound to obey under Arizona law. Most often, trials result in both spouses feeling like they have lost a great deal.
On occasion, when a spouse is extremely unhappy with the result of the trial, he or she may appeal the decision in a higher court. An appeal adds more time and expense to the divorce process and is very difficult and rare to win. The fight can continue for years.
The reality is that children suffer when their parents litigate, go to trial, and continue fighting after divorce. Conflict reduces the co-parent’s ability to ensure their children’s emotional development and well-being. Co-parents who keep conflict low, remain amicable, and cooperate, have children who are happier and exhibit stronger self- esteem as compared to children of high-conflict co-parents. Research shows healthy co-parenting results in healthy children.
HELPFUL TIP: It is a red flag if an attorney offers any type of guarantees, such as, “I know the judge and we will win.” If an attorney does make such a promise, ask that they put it in writing.
Choosing mediation to complete your divorce process will save you money, time and stress. Even before you are ready to begin the process, you can select your mediator. When selecting your mediator, look for a mediator who:
Divorce mediation means that spouses work together, under the guidance of a professional, neutral mediator to reach mutually-beneficial agreements regarding all aspects of divorce. Spouses in mediation, may also seek legal counsel for legal advice. There are numerous reasons to choose mediation rather than litigation for your divorce process, to include:
Divorce mediation works best when spouses are able to communicate amicably. However, even spouses who are experiencing high levels of conflict can use mediation to successfully complete their divorce process. It is often the case that spouses are in very emotional different stages as mediation begins. The Aurit Center’s professional mediator’s help spouses in various stages and who are experiencing various levels of conflict.
Divorce mediation might be right for you when you want to:
HELPFUL TIP: Mediation is successful when both spouses commit to the process.
