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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Conscious Uncoupling: Minimizing the Effects on Children of Divorce while Maximizing Amicable Divorce Solutions

With celebrities like Gwyneth Paltrow and Chris Martin calling their recent separation and intended California divorce “conscious uncoupling” there has been a lot said in the press about the pros and cons of describing the process involved in getting divorced this way. But in actuality there is nothing new about divorcing couples wanting to avoid…

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Dividing Community Property and Debts in Mediation

When explaining community property laws during divorce mediation, clients frequently respond: “But he didn’t pay for any of my new car or the monthly payments. It is all coming from my income – you’re saying that he is entitled to half of its value?” or “So you’re saying it doesn’t matter if she was unfaithful?…

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Mediation Friendly Attorneys

As a mediator I provide divorcing couples with legal information as opposed to legal advice. However, wanting my clients to have additional support from an independent attorney if either one or both of them wants it, I also provide my clients with a list of what I call “mediation friendly” attorneys who can give them…

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The Emotional and Financial Benefits of Divorce Mediation

Few events impact one’s life as profoundly as a divorce. During this time, major life decisions are required related to one’s children, finances and living situation, to name a few. Intense emotions often accompany these decisions and discussions; hurt, sadness, frustration and anger are often involved. So, it is no wonder that divorce is estimated…

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What Is the Difference Between Divorce and Legal Separation?

Video Transcript Oliver Ross: “The difference between legal separation and divorce (in Arizona) is that the marriage continues in legal separation, where in divorce the marriage ends. That’s pretty obvious. With legal separation, the marriage continues, but the community is separated. In other words, as of a certain date in the court process, each spouse’s…

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