Domestic Violence and Mediation

In a previous blog, I addressed the importance of recognizing and identifying signs of domestic violence both during a pre-screening process, as well as continuing throughout the mediation process itself. If a mediator does identify signs of domestic violence in a case at any point before or during mediation, what is the correct way to…

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Postnuptial Agreements in Arizona

A postnuptial agreement is an agreement that is entered into by two married people that determines rights between the parties regarding marital property. A postnuptial agreement is used to resolve monetary issues both during the marriage and in case of a separation or divorce. However, it should not be confused with a separation agreement, which…

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How to Tell Your Children About Divorce

One of the more difficult aspects of getting a divorce with kids can be breaking the news to your children. As a parent, it is normal if you are uncomfortable with telling your children about your decision to get a divorce due to the fear of causing them pain or confusion. You may also be…

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Prenuptial Agreements in Arizona

Arizona Revised Statute § 25-201(1) defines a prenuptial agreement as “an agreement between prospective spouses that is made in contemplation of marriage and that is effective on marriage.” Prenuptial agreements often evoke negative connotations, such as distrust or an assumption that a marriage is unlikely to last. However, the reality is that a prenuptial agreement…

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Signs Divorce Might be Right For You

Deciding if a divorce is right for you can be an extremely difficult and strenuous determination. However, staying in an unhealthy relationship can result in prolonged feelings of loneliness, resentment, and/or despair. Therefore, becoming aware of the common reasons for divorce can help you in considering whether divorce is actually in your best interest. Although…

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Maintaining the Father-Daughter Bond After Divorce

In recent years, the importance of a strong father-daughter relationship has become the subject of increasing research and psychological studies. In previous years, this was not a well-researched area. The emerging research on this subject suggests that a healthy father-daughter relationship is a critical factor in predicting a woman’s future self-esteem, psychological well-being, and her…

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Social Security in Divorce

I know from personal experience how painful and time consuming dealing with divorce is so I will make this short. Ultimately you will need to know more. However, this will help you retain several Social Security benefits options due you. Your age at this point is unimportant unless you are both over age 70. Younger…

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Cooperative Parenting After Divorce

Most parents intend to put their children’s interests first and foremost during the divorce process. However, parents may lose sight of this goal as emotions intensify during the divorce, and communication breaks down. Those coping with divorce experience the same stages of grief as those coping with the death of a loved one. According to…

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How to Cope With Divorce

Going through a divorce is undoubtedly one of the most stressful life events a person can face. Even the most amicable divorce impacts every aspect of one’s life: emotionally, financially, socially, to name a few, and this can be overwhelming. Below are three ways to help lessen the stress involved in divorce. 1. Take care…

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Cooperative Parenting After Divorce

Most parents intend to put their children’s interests first and foremost during the divorce process. However, parents may lose sight of this goal as emotions intensify during the divorce, and communication between parents break down. Those coping with divorce experience the same stages of grief as those coping with the death of a loved one….

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Divorce Financial Planning – Wills, Trusts and Divorce

Facts about Divorce, Wills and Trusts Divorce statistics show that the reasons for getting a divorce vary but the need to plan for what will happen to a divorced person’s property and minor children is consistent. That is why after dealing with divorce, it is important for newly single people to also deal with making…

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Psychodynamics and Emotions of Conflict

During mediation, mediators may explain the psychological dynamics (“psychodynamics”) underlying a participant’s behavior. To mitigate the risk of appearing self-important or arrogant when explaining the these psychodynamics such as resentment, anger, mistrust, shame, passive-aggressiveness, perfectionism, victimization and grief, Situational™ mediators explain these matters by recounting situations from their own lives. Thus, for example, a mediator…

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The Effect of Addiction on Divorce and Families

Many authorities believe that addictions permeate our families and societies, and our mediators’ experience is that most family mediations entail the effects of one or more addictions. Whether a substance addiction that involves the ingestion and dependency on various chemicals such as alcohol and drugs or a process addiction that involves the way in which…

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AZ Divorce Mediation Rules and Procedures

In mediation, time is money. Recognizing this, we invest about 15 or 20 minutes in the early stages of mediation going over each of the Rules and Procedures which govern Situational™ mediation. Doing this literally saves hours because it provides a map for the mediation. Just as on a road trip, a map helps to…

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Mediation Confidentiality – Private vs. Joint Sessions

There has been a longstanding controversy among mediators as to the use of private sessions. While some adhere to a structure in which participants routinely meet in private session and rarely in joint session, others refuse to ever meet privately. Out of Court Solutions mediators spend about 95% of our time in joint session, but…

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When to Consult an Attorney

Informed decision-making by participants is central to the mediation process and my role as mediator. If at any time during mediation we were to conclude that a person was unable or unwilling to participate in this way, we would terminate the mediation. It is important to ensure that both participants clearly understand their prerogative to…

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What if I Need an Arizona Child Support Modification?

Agreements to child and spousal support are modifiable. Modifiable means that either party can request that the support be increased or decreased if there is a material change in circumstances such as the age of the child/ren, an increase in salary, a job loss, extended illness or disability. If the supported household got a high…

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Calculating Spousal Support aka Alimony Through Mediation

In Arizona the first question to be answered in terms of spousal support is whether either spouse is entitled to it1. There are several grounds for entitlement to spousal support, including: (1) the length of the marriage; (2) the likelihood that the person claiming it could obtain employment that would generate sufficient income to adequately…

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Calculating Child Support Through Mediation

Making a Parenting Plan As mediators, we help work through all of the legal, financial, tax, and parenting aspects of divorce. During mediation, parenting arrangements (including legal decision making, time-sharing arrangements and child support) must be formulated1 for minor children. We also prepare a comprehensive Parenting Plan which includes provisions for child support payments, as…

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