Possibly the most nerve wracking word to a struggling marriage is divorce. Now, before jumping straight into ways of getting a divorce we want to first suggest that divorce may not be your only option during a family crisis. By considering all of your options you will not only become more confident in your decision but may potentially save time, money and the emotions of loved ones around you.
When we think of divorce there is a common idea of what this process looks like. There will be a poorly decorated court room with you and your spouse sitting at separate desks and a judge high up on the opposite side. The only thing in this process that you control is what you ask the judge for and evidence you aim to privde in order to have the judge see your side of things. The judge controls the final result. Assets, finances, custody and basically everything you are used to controling will no longer be in your hands to decide.
SO WHY WOULD ANYONE PICK TRADITIONAL DIVORCE?
If you or your spouse are not capable of professional communication and reasonable agreements, this may be your best option. The legal team at Moshier Law has a long history in Arizona courts to know how to put you in the best position for success.
Since 2016, Arizona has allowed couples to divorce using a more amicable approach. We have written an entire page discussing what Collaborative Process looks like. For most couples who mutually desire a divorce and those who are willing to communicate respectfully we believe this process deserves more attention. Each couple will have the benefit of legal counsel as well as access to financial neutrals and communication specialists.
Most importantly, you and your spouse can arrange the final agreements in a way that works. You will not have to worry about a judge deciding on who sees your children more or who keeps the house. In Collaborative Process both parties move forward in their lives knowing the final decision is something they directed.
When a marriage is in crisis, divorce may sometimes seem like the only option. Legal Separation is a way to obtain legal protection without fully commiting to divorce. This is a good option for couples who are still trying to figure out their next steps and is especially appreciated amongst people of faith.
Mediation is voluntary. A neutral attorney or other type of professional called a “mediator,” meets with parties and/or their attorneys to assist them in reaching an agreement. If you have an attorney, you may wish to have your lawyer attend mediation. The mediator facilitates communication between the participants, clarifies issues, explores each party’s needs and interests, and helps the participants to consider options for settlement. The mediator does not give legal advice and does not make decisions for your case.
Many attorneys see counseling as a loss of business. This is not true for Moshier Law! Counseling is a great way to see if a marriage has a fighting chance. By attending counseling you will be able to better assess your entire situation and understanding of your marriage. You are also engaging with your spouse in a safe and trusting environment which may allow everyone involved to take a step towards reconciliation.
If you believe that your family crisis goes beyond what counseling could resolve, keep in mind all of the legal options we have suggested and call us to schedule a phone or in-person consultation.