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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…
Read MoreAgreements 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…
Read MoreIn 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…
Read MoreMaking 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…
Read MoreLegal separation and divorce in Arizona are very similar, so the decision as to which to pursue can be a difficult one. Regardless of whether the parties will be legally separated or are getting divorced, the former “marital community” that existed between the parties is severed. In both cases, Judges will issue orders regarding asset…
Read MoreWith 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…
Read MoreWhen 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?…
Read MoreAs 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…
Read MoreFew 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…
Read More1. Agree to put the best interests of children first and foremost in all decision making. Indeed, include this in writing as part of the mediation ground rules, with the understanding that the mediator can remind the parents of this should one or both of them lose sight to it. 2. Construct a cooperative parenting…
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