Many people choose to seek support through family members. You may feel safe and content staying with close relatives for a short-term period, or visiting family in another state to get away from your situation. Friends are also great people to turn to during your divorce. They can help you take your mind off of your emotions and get you out of the house by doing fun activities.  Friends and family members are also good options to go to when you need help adjusting to a single lifestyle, especially if you are a single parent.

While friends and family can be extremely supportive through your divorce, they probably won’t be able to give you any perspective on your situation. Your friends and family might be just as angry with your spouse as you are, if not more upset. They will undoubtedly be on your side and may only fuel the fire you have against your spouse. Keep in mind that you will be interacting with and making many important decisions with your spouse in the first few months after you’ve decided to separate, and being unable to reason with them will result in a long, stressful, and costly divorce.

It may be most beneficial to eventually seek a professional to help you work through your divorce. Hiring a family law attorney as a neutral mediator between you and your spouse is something to consider. By law, a mediator will have nothing to gain or lose by the decisions you and your spouse make, and they do not have the power to impose any decisions on you. They are simply there to serve as a neutral party and can answer any legal questions you may have.

If you are going through a divorce and are interested in hiring a Mesa Family Law attorney as a mediator, call (480)-464-1111 today to schedule a FREE consultation with Tim Durkin at JacksonWhite Attorneys at Law.

If you and your spouse are considering the divorce mediation process, I highly suggest that you talk to a family law attorney at the very least. An attorney who understands the divorce mediation process can assess your case and help you understand your rights. For more information, or to schedule a free consultation with myself, Mesa mediation attorney Tim Durkin, feel free to contact my office at (480)-464-1111.

1. You stay in the driver’s seat – In mediation, you and your spouse make all the decisions. Instead of handing your divorce over to the court system and turning each and every discussion into a battle, you can control the situation.

2. No one fuels the fire – Things can get very heated when opposing parties go to court. Oftentimes, spouses will communicate through their attorneys instead of talking to each other directly. This can cause conflict to spiral out of control. Divorce mediation can negate any issues caused by distorted messages because you and your spouse communicate face-to-face throughout the entire process. The neutral 3^rd party that assists you with the mediation process should be trained to help minimize conflict and help each of you stay focused.

3. It never hurts to try – There’s really nothing to lose when it comes to mediation, so why not give it a try? Even if you and your spouse end up going to court, the two of you will already have shared and discussed all of the issues within your divorce. Therefore, once the two of you finally get into the courtroom, you’ll know exactly what needs to be solved. Much less time will be wasted going back and forth with your attorneys, which will make the litigation process much more efficient.

4. You won’t have to break the bank – When all is said and done, regardless of whether or not you and your spouse are able to resolve your divorce during mediation, the mediation process is a much cheaper alternative to litigation.

5. Less future conflicts – Because you and your spouse get to take control during the mediation process, the two of you understand the reasons behind the decisions that were made. When both of you get to play a major role in the decision making process, the two of you are much more likely to stick to the terms of your divorce in the future.

While each divorce is different, mediation is a process that can be tailored to fit different situations. This makes mediation a constructive and effective process, as you can your spouse get to figure out what’s best for both of you. For more information about divorce mediation, please feel free to contact myself, Mesa AZ mediation attorney Tim Durkin at (480)-464-1111. I’ve assisted numerous individuals with the divorce mediation process, and can assess your case during a free and confidential family law consultation.

To help divorcing spouses gain a clear understanding of these two alternatives to divorce court, here are some important terms and definitions relating to mediation and collaborative divorce in Arizona:

1. Mediation – The mediation process helps parties to an Arizona divorce case come to a mutual agreement with assistance from an unbiased third party.
2. Mediator – In the mediation process, the mediator is the unbiased third party who guides divorcing spouses through negotiations and promotes effective two-way communication, but does not force any decisions on the couple, or make any decisions for them.
3. Collaborative Divorce - A collaborative divorce is a method that promotes negotiation instead of litigation to help a couple reach a settlement agreement. Each spouse hires their own attorney to assist them with the process. In most cases, each spouse and their corresponding attorney will also sign a participation agreement that outlines what all of the parties can and cannot engage in throughout the process.
4. Participation Agreement - When parties to an Arizona divorce case decide to go through with a collaborative divorce, they usually create and sign a Participation Agreement that sets some ground rules for the process. This type of agreement can include a variety of terms, such as: Require the parties to act in good faith; Require the parties to refrain from litigation; Require the parties to engage in open communication; Prohibit the parties from taking advantage of mistakes made by the other party; Require that only neutral experts be counseled with; Set forth reasons for withdrawal from the process; Require confidentiality.

If you have questions about mediation and the collaborative divorce process in Arizona, contact the law firm of JacksonWhite. Our knowledgeable Mesa divorce mediation attorney Tim Durkin can assess your case during a confidential free phone consultation and help you understand your options. Call 480-464-1111 to learn more!

Should you and your spouse disagree on the designation of separate and community property in your divorce, you might want to consider using alternative methods, such as mediation, before resorting to litigation in order to resolve your differences. Mediation is a great way for two opposing sides to minimize the stress and anxiety, as well as obtain a mutually beneficial end result. For more information, contact JacksonWhite’s Mesa AZ family law attorney Tim Durkin. Tim can answer your questions about divorce in Arizona and assess your case during a free initial consultation. To contact our offices, call 480-464-1111.

Throughout the mediation process, spouses meet together with a third-party mediator to work through the pending dissolution. The mediator remains in a position of neutrality and provides each spouse with the information necessary for them to reach their stated goals. Those who want specific legal counsel can retain an attorney to represent their interests throughout the mediation process, but they are not required to do so.

As a viable alternative to litigation in a contested divorce, couples should consider mediation services. A good family law lawyer can assist in the identification and selection of an appropriate mediator.

For more information about mediation in a contested divorce, contact Timothy Durkin JacksonWhite’s Mesa AZ mediation attorney, at 480.779.7972 to schedule a confidential consultation.

To learn more about the mediation process, you can contact Mesa AZ Mediation Attorney Tim Durkin at 480.779-7972 to schedule a consultation.

The family law team at JacksonWhite believes that mediation is a viable alternative to a contested divorce. To speak with an Arizona family law attorney about mediation services, call Tim Durkin at 480.779-7972.

Of course, courts do not take termination of parental rights lightly.  They do not engage in the business of terminating parental rights unless there is a genuinely serious issue regarding the safely and well being of a child.  And even when the court is asked to intervene on behalf of an unprotected child, the court will generally give the offending parent every opportunity to address and correct his or her “offending” behavior before parental rights are terminated.

The termination process begins when somebody concerned with the child’s welfare files a petition to terminate. Anybody who is legitimately interested in the child’s wellbeing can petition the court to terminate parental rights, be it a relative, neighbor, private agency, or the state of Arizona.

Petitioning the court is only the first step in the process of terminating parental rights in Arizona.  Courts cannot take action unless they have statutory authority to do so.  Arizona Revised Statute §8-533(B) provides several grounds for which courts can terminate parental rights, including:

• The parent abandoned the child.
• The parent neglected or abused the child.
• The parent has mental illness or a history of substance abuse that is likely to continue for an indeterminate period of time.
• The parent was convicted of a felony of such a nature that would prove unfitness to parent, or the sentence will deprive the child from a normal home for a period of years.
• The presumed father failed to file a timely claim of paternity.
• The parents relinquished their rights to another individual or an adoption agency.
• The child is being cared for in an out-of-home placement for a period of time, and the parents have not remedied the situation that caused such placement.
• The identity of the parent is unknown, and remains unknown after three months of diligent searching.
• The parent had parental rights to another child terminated within the preceding two years, and is presently unable to discharge parental responsibilities for the same cause.
• The child is repeatedly removed from the home to out-of-home placement.

Ultimately, courts want to make sure that a child’s safety is not in jeopardy.  When the court finds that a child’s parent or parents are failing to provide  a  safe  environment for the child, the court  will take action to protect the child.  Those who petition the court to terminate parental rights must properly organize the facts to meet Arizona’s statutory requirements; this is best accomplished with the help of an Arizona family law attorney.  To speak with an Arizona family law attorney about terminating parental rights in Arizona, call myself, Timothy Durkin, at (480) 779-7972.  I can answer questions about the appropriateness of seeking a termination of parental rights, and I can help determine the best course of action to protect the child’s safety.

A contentious divorce is not only emotionally difficult, but it can also put a financial strain on the parties. Attorney fees are not inexpensive, and history shows us that divorces can become costly when the parties are unwilling to work with one another. For instance, according to Forbes Magazine, Michael Jordan’s divorce was estimated to cost more than $150 million, which is believed to be the most expensive celebrity divorce in history. It seems that this type of divorce causes everybody to lose.

An alternative to litigating a divorce lies in the mediation process. A mediator is a neutral third-party who facilitates a negotiation between the spouses. Couples can use the mediation process to resolve any issue traditionally resolved in a contested divorce proceeding, such as child custody, visitation, child support, alimony, and division of assets. The difference is that mediation affords the parties an opportunity to reach mutually acceptable agreements without undertaking a potentially expensive court battle.

During mediation, couples meet together with a mediator to discuss the pending dissolution. A good mediator remains impartial throughout the proceeding and provides each party with the information they need to reach their goals and objectives. An experienced family law mediator will help the parties keep realistic and reasonable expectations. He or she will also advise the parties as to the strengths and weaknesses of their respective positions. A successful mediation typically requires both parties to make concessions, but importantly, it allows the parties to be masters of their own destinies. Parties to mediation are free to retain their own attorney to represent them throughout the mediation, but they are not required to do so.

Ultimately, the mediation process allows couples to retain a greater degree of control over the outcome of their dissolution. Rather than battle the issues out in court, all the while paying attorney fees, parties to mediation are encouraged to work with one another towards common ground.

For additional questions about family law mediation in Arizona, contact myself, Arizona Family Law Attorney, Tim Durkin, at 480-779-7972. I am happy to answer any questions regarding mediation or other alternatives to traditional divorce.