Is It Possible to Avoid Appearing in Court Entirely During Divorce?
When a marriage ends in divorce, people often wonder if there are ways to get a divorce without having to appear in court and a Judge. In the state of Arizona, the answer is, yes – divorce mediation and document preparation. By using these methods, it is possible get a divorce without stepping foot within a court building for litigation. Before you decide to use a mediator or document preparation service, it is important to know whether they’re a good fit for your situation.
Divorce Mediation
This is the process in which both parties agree to allow an impartial third-party to guide them through, among other things, the dividing up of property and other assets, the determination of any spousal and/or child support, and deciding what is in the best interests of any minor children. Once an agreement has been reached on all issues, a legally-binding contract is created and submitted to the court along with any other paperwork needed for finalization of the divorce.
Mediation works when both parties are willing to work together towards an agreement. Mediators are trained to help both sides through this difficult process while still allowing them to reach an equitable ending. Mediators often take the added step of filing all required court documentation for both parties at the required times.
Document Preparation
Pursuing a divorce through the document preparation process is similar to the mediation process, but there are some key differences, including,
- The document preparer directly responsible for filing all necessary paperwork based on the information provided by the client.
- The services of a mediator are often only available upon request, instead of throughout the entire process, we call this as-needed mediation.
Ending a divorce through document preparation can be a simple and cost-effective way to go, especially when the parties are mostly in agreement about everything. Often times with this method there are mediators and other professionals available for consultation who can help the different sides with any questions that might arise or help them resolve any issues that come up.
Which Is Better?
There is no right or wrong answer to this question. Both mediation and document preparation work best when both sides in the divorce are capable of working together towards a settlement. Which process is the right method for your divorce depends on many factors and is, therefore, a question only you can answer.