FAQs

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Most people have questions as they begin the divorce process. We are here to give you answers. We believe it is essential that you have all of the information you need to make the best choices for yourself and your family.

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The most frequently
asked questions

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What is divorce mediation?

Divorce mediation is a private, peaceful way to divorce in Arizona where a neutral mediator helps you and your spouse make your own decisions instead of a judge. At Aurit Mediation, every mediator is a licensed Arizona attorney. Your mediator doesn't take sides. Your mediator explains the law in plain language and keeps conversations calm and on track. Together, you decide on parenting time, child support, spousal maintenance, and how to divide property and debt. Most couples reach full agreement in a few two-hour meetings, online or in person. When you're done, we draft your Summary Consent Decree and file it for you. Most clients finalize their divorce without a court hearing. Everything you discuss in mediation stays confidential, with limited exceptions. Ready to see if mediation fits your family? Schedule your free consultation.

Source: A.R.S. § 12-2238; Ariz. R. Fam. Law P. 45.1 (Summary Consent Decree).

How is Mediation different from litigation?

Mediation lets you and your spouse make your own decisions with a neutral guide, while litigation puts those decisions in a judge's hands after a court battle. In litigation, each spouse usually hires a separate attorney. Each spouse often pays $15,000 to $100,000 or more in hourly fees. A litigated divorce in Arizona can take a year or longer, and disputes play out in public court filings. Aurit Mediation works differently. Most clients finish in 2 to 4 months. You pay one flat fee, usually $2,000 to $3,800 per person, with no hourly surprises. Your conversations stay confidential. You, not a judge, shape the parenting plan and money decisions. Mediation also sets a kinder tone for co-parenting after the divorce is final. Want to compare your options? Schedule your free consultation.

Source: A.R.S. § 12-2238.

How can I begin a conversation about divorce with my spouse?

The best way to start a conversation about divorce is to pick a calm, private moment and speak honestly, without blame. Feeling unsure how to begin is normal. Choose a time when neither of you is rushed and the kids aren't around. Talk about how you feel using "I" statements instead of pointing out what your spouse did wrong. Keep the first talk focused on one small goal, like agreeing to look at your options together. You don't need to settle everything at once. Many people bring up mediation as a respectful way to protect the kids and avoid a court battle. If you have safety concerns, talk with a professional before raising the topic. You can also call or text Aurit Mediation first. In a free, confidential call, an attorney-mediator can help you plan what to say.

How long does divorce mediation typically take?

Most divorce mediations with Aurit Mediation take 2 to 4 months, compared with a year or more for a divorce that goes to court. Most couples reach full agreement in a few two-hour meetings. You set the pace, so you're not waiting on court calendars. Simpler situations may need only two meetings. Cases with a business, significant assets, or a detailed parenting plan may need a few more. Arizona also has a 60-day waiting period before a judge can finalize a divorce. For a Summary Consent Decree, the 60 days start on the date you and your spouse file together. Many couples finish their agreements within those 60 days. In your free consultation, your mediator will map out a realistic timeline and give you a flat-fee quote. Call or text us to get started.

Source: Ariz. R. Fam. Law P. 45.1 (Summary Consent Decree); A.R.S. § 25-329.

Can we mediate if we are already in the legal process?

Yes, you can switch to mediation at any point in an Arizona divorce, even after a petition is filed or attorneys are involved. It's never too late to choose a healthier path. Many clients come to Aurit Mediation after realizing a court battle is draining their money, time, and peace of mind. Your neutral attorney-mediator helps you settle the open issues in a calmer setting. Once you agree, your terms go into a consent decree that's filed in your existing case. A consent decree can end the court case without a trial. In some cases, you can ask the court to pause deadlines while you mediate. If you already have attorneys, they can stay involved and review your agreements. Moving from the courtroom to the mediation table puts the decisions back in your hands. Call or text us for a free consultation.

Source: Ariz. R. Fam. Law P. 45 (Consent Decree); Ariz. R. Fam. Law P. 69.

Can mediation work in high-conflict situations?

Yes, mediation often works in high-conflict divorces, and many couples who come to Aurit Mediation are barely speaking. You don't have to get along with your spouse for mediation to work. You just have to be willing to show up. Our attorney-mediators are trained to lower the temperature. Our mediators set ground rules, guide each conversation, and keep the focus on solutions instead of old arguments. With online mediation, you and your spouse can join from separate locations, which many clients find calmer. Over 95% of our clients reach a full agreement. Your safety always comes first. If there's a history of domestic violence or you feel unsafe, we'll talk with you privately and tell you honestly if another path is better. Call or text us for a free, confidential consultation.

What issues can be addressed in mediation?

Mediation can resolve nearly every issue a judge would decide in an Arizona divorce, plus the practical details that matter most to your family. For your kids, mediation covers legal decision-making, parenting time, holidays, and child support based on the Arizona Child Support Guidelines. For your finances, mediation covers spousal maintenance and dividing property and debt. Property and debt include the family home, retirement accounts, businesses, cars, and credit cards. Many families also plan for health insurance, who claims the kids on taxes, changing back to a former name, and even who cares for the family pets. Mediation also works for legal separation and for updating your agreement if life changes after the divorce. At Aurit Mediation, your attorney-mediator makes sure nothing gets missed. Call or text us for a free consultation.

Are decisions made in mediation legally-binding?

Yes, the agreements you reach in mediation are legally binding once you and your spouse sign them in writing. Your conversations during mediation aren't binding, so you can talk through options freely before deciding anything. A signed agreement doesn't bind the court until a judge approves it. The judge will also check that any terms involving your children are reasonable. Once the judge approves your decree, it becomes an enforceable court order. At Aurit Mediation, your attorney-mediator drafts your Summary Consent Decree to meet Arizona's filing requirements. Before you sign, you can have one of our Preferred Legal Advisors review it. Our Preferred Legal Advisors charge only for their time, with no upfront retainer. Want to talk it through? Call or text us for a free consultation.

Source: Ariz. R. Fam. Law P. 69; A.R.S. § 25-317.

How does the cost of divorce mediation compare to hiring divorce attorneys?

Divorce mediation usually costs a fraction of what you'd pay divorce attorneys, and you know your cost up front. A litigated divorce in Arizona can cost each spouse tens of thousands of dollars. Divorce attorneys usually bill by the hour, so motions, court dates, and back-and-forth emails all add up. At Aurit Mediation, you pay one all-inclusive flat fee instead. There's no hourly billing and no surprise bills. Your flat fee covers your mediation meetings, phone and email support, help gathering financial information, support calculations, and drafting and filing your Summary Consent Decree. Court filing fees are included in your flat fee. Flexible payment plans are available, including interest-free options. Call or text us for a free consultation and your personalized flat-fee quote.

Can we bring attorneys to our mediation meetings?

Yes, you and your spouse can bring attorneys to your mediation meetings, though most Aurit Mediation clients choose to mediate without one. Your attorney-mediator is neutral. Your mediator can explain Arizona law but can't give either of you legal advice or take sides. If you'd like personal legal advice, you have options. You can talk with an attorney between meetings. You can have an attorney review your Summary Consent Decree before you sign. In some situations, attorneys can also attend meetings to help keep things balanced. We give every client a list of Preferred Legal Advisors. Our Preferred Legal Advisors are respected Arizona divorce attorneys who support mediation and don't require an upfront retainer for our clients. You pay only for the time you use. If either of you plans to bring an attorney, just let us know ahead of time. Call or text us for a free consultation.

What happens if we can’t agree on an issue?

If you can't agree on an issue, your attorney-mediator helps you work through it, and getting stuck doesn't mean mediation has failed. Disagreements are normal, especially on big topics like parenting time or the family home. Your mediator might break the issue into smaller decisions or run the numbers with you. Your mediator can also suggest creative options a court wouldn't offer. Taking time between meetings to think can help, too. You can also bring in a neutral expert, like a financial professional, or talk with an independent attorney. Over 95% of our clients reach a full agreement on every issue. If one issue truly can't be resolved, you can still lock in the agreements you've reached. The court then decides only what's left, which keeps any court case smaller and less costly. Call or text us for a free consultation.

Source: Ariz. R. Fam. Law P. 69.

How is mediation better for our kids?

Mediation is better for kids because it lowers the parental conflict that research identifies as one of the biggest factors in how children cope after divorce. A court battle often makes that conflict worse. Parents argue their sides in court filings, and sometimes kids get pulled into custody evaluations. Mediation gives you a calmer, respectful way to make decisions together. Long-term research backs this up. In a randomized 12-year study, parents who mediated stayed more involved in their kids' lives than parents who went to court. The difference held for the parent the kids didn't live with full time. That extra involvement didn't come with more co-parenting conflict. At Aurit Mediation, our attorney-mediators help you build a parenting plan around your children's ages and needs, so they have stability in both homes. Call or text us for a free consultation.

Source: Emery et al., "Child Custody Mediation and Litigation," Journal of Consulting and Clinical Psychology 69(2), 2001.

What if my spouse is uncooperative?

Yes, mediation can still work when your spouse is hesitant or uncooperative, and it's one of the most common situations we see. A hesitant spouse is usually afraid, distrustful, or worried that mediation won't protect their interests. Those worries often ease once your spouse learns how mediation actually works. The mediator is neutral, the process is confidential, and each of you can talk with your own attorney. Aurit Mediation can share information with your spouse or speak with them directly. Mediation is voluntary, so both of you do need to take part in good faith. If your spouse refuses, you can still file for divorce. Arizona is a no-fault state, so in most marriages one spouse can't stop a divorce. Covenant marriages follow different rules. Call or text us to talk through your next step.

Source: A.R.S. § 12-2238; A.R.S. § 25-312; A.R.S. § 25-903.

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