Arizona Mediation » Divorce Arizona

Divorce and Short Sales in Arizona

admin — Fri, 19 Aug 2011 21:58:26 +0000

Divorce can often times be very stressful! Couples facing divorce are also faced with import decisions about their assets. As the Arizona Real Estate market continues to be volatile, a short sale is often the answer to couples facing such a hardship. With 65% of Arizona’s mortgage holders under water, division of assets has taken a turn to relinquishing debt with proper protection for the consumer!

These decisions require important considerations like tax consequences, credit score and reporting activities on behalf of the lender, and the potential for a deficiency judgment (an amount that may be owed to the lender representing the difference between the loan balance and the proceeds of a short sale).

It is imperative that couples facing challenging decisions about their home know that a short sale is not always the only or the best option for them. There are other options like loan modification, deed in lieu of, forbearance and foreclosure. You or your spouse could also opt to stay in the marital home until such a time as the real estate market improves. Waiting until a later date to sell allows you to protect the investment the two of you have in the marital home. We remain optimistic that the Real Estate market will eventually turn around and when it does, you will be in a better position to get a return on your investment.

In the past six years, I have completed hundreds of short sales. Schedule your consultation today so that your specific situation can be evaluated.

Shivani Dallas PC, Associate Broker
REALTOR® CDPE ABR GRI SFR SSPA
480-467-7222 Re/Max Infinity
www.RealEstate4PhoenixAZ.com

Arizona Divorce No Money Down

admin — Sat, 11 Jun 2011 20:38:52 +0000

If you are looking for an economical way to get a divorce (or resolve other family law issue), mediation may be your answer. Mediation is a way to get a divorce without going to court and without the costs normally associated with going to court. The parties sit down with a mediator, who is neutral. The mediator helps the parties reach agreements and prepares all of the necessary documents for the parties and submits them to the Court.

While every mediator charges differently, the following is the way that I charge, to make mediation accessible to more people: The parties pay no money up front, and they can pay as they go. For the actual mediation (where the parties discuss the terms of settlement and enter into an agreement), the participants pay for the mediator’s time used that day at the end of the session. If more than one session is necessary, they pay for the time used at the second session at the end of the second session. Therefore, if the parties only have $250.00, they can just request one hour of mediation time and schedule the second hour (if necessary) at a later date.

For the document preparation portion of the mediation, the parties can spread these payments over time as well. For example, they can pay for just the preparation of the Petition for Dissolution packet (the documents that initiate the proceeding) when they are ready, and pay for other documents later, when they want those documents completed. The Court does require filing fees ($321.00 and $256.00). However, parties can request a waiver or deferral from the Court if their incomes are low enough. There is a onetime administrative fee of $50.00.

Mediation is also financially beneficial because it can be completed in significantly less time than a litigated case. In addition, mediation is affordable because the parties are sharing one professional, rather than each party hiring his / her own attorney and/or other experts. While mediation participants sometimes hire attorneys to review proposed mediation agreements, the attorneys’ roles are limited, so costs are significantly less than those in a litigated case. A litigated case can cost many tens of thousands of dollars. A mediated case can cost as little as around $1,000.00, plus filing fees. Choosing mediation, which also decreases stress and the risk of litigation, just makes sense.

Alona M. Gottfried is a family law mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Can I Get Divorced In Arizona If I Am Out Of The State Or Country?

admin — Tue, 05 Apr 2011 18:58:16 +0000

As long as you or your spouse has been a resident of Arizona for 90 days or more at the time of filing, you can get a divorce in Arizona. If you are in the military and serving overseas, Arizona may still be your residence.

If you are divorcing using mediation or another cooperative means, you do not even have to come to Arizona to complete the divorce. With mediation, all discussions can occur over the phone or via Skype, or another online conference site. The mediator would draft all the documents for your review and approval. All documents that need to be signed can be sent to you via mail, email or fax. You can return signed and notarized documents via mail.

Cost: Payments can be made by mailing in checks or credit card authorizations. For mediation, my hourly rate is $250.00 per hour. An average divorce mediation involves the following costs.

Two hours of mediation: $500.00 (some people take more time to reach an agreement, and some people take less).

Two and a half hours of drafting the Petition for Dissolution package, Acceptance of Service and Decree of Dissolution of Marriage: $625.00.

One time administrative fee: $50.00.

Filing fees (required by the Court for every divorce): $321.00 and $256.00.

Time to Complete: The actual mediation process and drafting of documents can occur quickly – sometimes within a week. However, the Court requires parties to wait 60 days between the date of Acceptance of Service (the date the party that did not file the Petition for Dissolution of Marriage acknowledges receipt of the Petition) and the date of filing the proposed Consent Decree. The Court usually takes around two to four weeks to sign a Decree once it has been submitted. Therefore, the whole mediation process can take as little as 75 to 90 days to complete.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

The cost of an Average Arizona Divorce

admin — Tue, 11 Jan 2011 00:03:29 +0000

In a litigated divorce in Arizona can cost as much as a new car for each party – sometimes as much as a 2011 Ferrari. It is not unusual to spend over $10,000.00 on attorney’s fees alone during the first six months of litigation. Attorneys charge an average of $250.00 to $350.00 per hour and charge for everything from phone calls, to drafting letters and pleadings to Court appearances.

Many litigated cases also require experts. Experts may include custody evaluators, mental health experts, business evaluators, real estate appraisers and forensic accountants. One party may also pay a portion of the other party’s attorney’s and expert fees, if the Court find that such an award is appropriate based on a disparity in income between the parties or the reasonableness of the parties’ positions. Costs in a divorce, on top of legal and expert fees, could include deposition transcripts, legal research, copies, faxes, deliveries, witness fees, subpoenas, and many other costs. There are also courts filing fees.

A contested divorce may look like this:

Husband Wife

Attorney’s Fees $20,000.00 $20,000.00

Custody Evaluator $4,000.00 $4,000.00

Business Appraiser $15,000.00

Forensic Accountant $5,000.00

Costs $1,500.00 $1,500.00

Combined expenses: $71,000.00

Most people can find something better to do with that kind of money – even if it is just putting the money away for children’s college education or retirement.

There is an alternative to the contested divorce, even in the most difficult of cases: mediation. In mediation, the parties jointly select a neutral party (the mediator) to help them resolve all issues and submit all paperwork to the Court. While the parties may still need to employ an expert to, for example, value a piece of property, the parties share that cost. Further, the experts’ fees are much more affordable because they do not have to prepare formal reports or testify in court.

An average mediated divorce can cost under $2,000.00, which includes the $577.00 in Court filing fees. Even parties who still want to utilize attorneys in the mediation process end up spending a fraction of the amount that they would have spent for a litigated case. The attorney only has to offer advice and not file documents, write letters or appear in Court.

Many people who launch into a litigated case probably do so because they do not know about the many benefits of the mediation option (lower cost, less time consuming, more certainty, less stress, confidentiality…). Others may be drawn to litigation because they are angry, and litigation seems to fit that emotional need. However, mediation is often more cathartic and healing than hiring someone to fight for you, as you actually get a chance to be heard. Litigation serves to exacerbate and drag out bad feelings. Participants then have the added financial burden of the divorce’s fees and costs.

Both mediation and litigation will result in your divorce. The question is how much time, money and stress do you want to put into the process?

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

How Do Assets Get Divided In An Arizona Divorce?

admin — Tue, 28 Dec 2010 22:21:15 +0000

In an Arizona divorce, the parties’ community property must be divided equitably. The Arizona Divorce Laws are as follows;

What is community property? Community property includes any property obtained during the marriage. The exception is property one party obtains through gift on inheritance.

What does equitably mean? The law says community property should be “equitably” divided. That means that the division should be near equal. In other words, instead of dividing a couch in half, one person may get the couch and the other person may get the big screen television. Sometimes one person gets more of the assets in exchange for some other benefit, and sometimes one person gets more of the assets and pays the other person an equalizing payment.

What type of property is typically divided? Divided property could include real property, personal property (furniture, electronics), vehicles, insurance policies, businesses, frequent flyer miles, investments, bank accounts, retirement accounts, and even pets.

When does a party have an interest in the other party’s property? Sometimes the community (both parties jointly) can obtain an interest in one party’s separate property through gift or through both parties’ contribution to the property during the marriage. For example, If one party had a house prior to marriage and the parties used funds earned during the marriage to increase the value of the house, the community would have a “community lien” on the house.

Who decides how to divide the assets? Ideally, the parties will come to their own agreements. Parties can mediate their divorce. The parties can hire a neutral party – the mediator – who is a trained in the law and conflict resolution, to help them find a fair resolution. The mediator can also prepare all of the paperwork with the divorce. With mediation, the parties have a lot more flexibility on how to divide assets. The parties can even choose to continue to jointly own assets. Some people choose to do this if they want to, say, hold on to a house until the market improves. Absent an agreement of the parties, the Judge decides the division after a trial.

Alona M. Gottfried is a mediator and attorney in Arizona. If you have questions about mediation, she can be reached at: 480-998-1500 or alona@sglawaz.com. This is a general interest article only and is not intended to be legal advice. See a legal professional before making legal decisions.

Simmons & Gottfried, PLLC
8160 E. Butherus Dr., Suite #7
Scottsdale, AZ 85260

Judge Advocates for Family Law Mediation Instead of Litigation

admin — Mon, 25 Oct 2010 23:54:30 +0000

Should Arizona offer mandatory Family Law Mediation

If you are not convinced that mediation is better than litigation for your family law dispute, take it from a judge. Justice Harvey Brownstone, a Canadian family court judge, wrote a book entitled: Tug of War: A Judge’s Verdict On Separation, Custody Battles And The Bitter Realities Of Family Court. In it, he heavily advocates for mediation. He notes that, no matter how good their representation, people who go to court for family law disputes are normally unsatisfied.

Justice Brownstone identifies “maturity” as being the defining factor between those people willing to mediate and those insisting to go to court:

In the context of a relationship breakdown, being mature means loving your children more than you dislike your ex-partner. Being mature means caring enough about your children that you will force yourself to deal in a civilized way with someone you may hate. Being mature means thinking twice and measuring you words carefully before you shoot your mouth off when you’re upset with your ex-partner, especially in front of the children. It means always insulating your children from parental conflict so they know your breakup has nothing to do with them. It means doing what is necessary to make the transition in your children’s lives as easy for them as possible.

Being mature means putting your children’s needs ahead of your own. It means truly understanding and accepting that your children are entitled to love and be loved by both of their parents. It means giving your children emotional permission to express and receive that love, even though you and the other parent dislike each other. Being mature means being willing and able to reach compromises so that your children can have peace rather than be caught in a tug of war and conflict of loyalties. Being mature means recognizing that you can be an ex-partner but you are never going to be an ex-parent. True maturity requires parents to appreciate that children need both parents in their lives, working co-operatively to make the best possible decisions for their upbringing.

In my experience, mature people fully understand that even though they no longer love each other, they are the most qualified people to make important decisions for their children. After all, parents know their children best. Children deserve to have parents working together as a team in all matters affecting their welfare. Mature people do not give up their parental decision-making responsibilities to a total stranger, even if that stranger wears a robe and is called “Your Honour.”

Justice Brownstone, who recently spoke on the issue, points out: “For the vast majority of couples, going to court creates a war when you need to make peace with each other for the sake of the children.” Sudbury Star, September 28, 2010. “I’m here to spread that message and to try to let the public know that we judges do our best to make the best possible decisions, but we don’t know these people that appear in front of us,” he said. “We certainly don’t know their children and in most cases, we will never meet their children. We believe that parents are the best equipped to make decisions for their children. “If they can deal with their own personal, emotional issues surrounding the breakup — which is what mediation tries to help people to do — they will be better equipped to deal with each other maybe over the next 20 years.” Id.

What Happens To The Pets In An Arizona Divorce?

admin — Sat, 09 Oct 2010 23:07:15 +0000

Pets become part of a family. So what happens to Fluffy, Fido or Speedy when the family breaks up?

Courts treat pets like property (I know: the horror). However, it is also not realistic to expect a Court to order a custody evaluation and determine with party is most fit to care for a dog or cat, as it would a child. The Court has limited time and resources. In fact, Courts rarely spend a lot of time dividing property, unless it is a big asset or one difficult to divide – like a house or a business.

In a contested divorce, if the parties cannot decide who gets the pet, the Court may simply pick one party to be awarded the pet or order it sold. The party that does not get the pet may get an equalizing payment for half of the value of the pet. Absent an agreement, it is unlikely that the Court will order the parties to share custody of the pet.

In mediation, or other alternatives to a contested/litigated divorce, parties can come up with a flexible solution that works for the family. Mediation is a way to resolve divorces and other conflicts through cooperation and with the assistance with a person trained in conflict resolution (the mediator). In mediation, the pet owners can come up with creative or elaborate resolutions that are binding. Perhaps the pets will follow the same parental access schedule as the children. Perhaps the parties will share custody of the pet and sign a Joint Custody Agreement, replete with a holiday exchange schedule.

Deciding what to do with a pet in a break up may be even more difficult where the parties were never married. Mediation is available to all pet owners (and other people) in dispute.

Divorce Arizona – If Mediation Is So Great, Why Doesn’t Everyone In Arizona Use It?

admin — Sat, 24 Jul 2010 17:30:15 +0000

Mediation is effective at resolving disputes quickly, inexpensively and confidentially. Around 90 percent of all people who try mediation end their conflict in mediation.

Divorce Arizona

You read that correctly: almost all mediations are successful – no risky and expensive litigation necessary.

Then why isn’t everyone using mediation in AZ? First, many people do not even know mediation is an option. Many think the only way to deal with a conflict is to sue or suffer. Further, businesses and individuals are conditioned to think “attorney” when they have a conflict. Consider this: how many mediation ads do you see on television? Now think about how many attorney ads you see. I bet you can even sing a few of their jingles. The challenge mediators face is to educate the public and change the paradigm.

More and more people are turning to mediation. There are a number of companies and government entities that have installed mediation programs and have undoubtedly saved significant funds as a result. Also, more attorneys are recommending mediation to their clients (you can mediate with attorneys).

In other states/countries, the government takes a more active role in promoting mediation. Some court systems require parties to go mediation before they can go to court. Arizona is making strides in the mediation realm, but we are still behind the curve.

What can you do? You can mediate your conflicts. You can also tell your friends, family company heads, and colleagues about mediation. They will thank you for it.