How Spousal Maintenance is Determined in Arizona Family Law Mediation

Spousal maintenance is one of the most complicated topics to discuss in divorce or legal separation mediations. There is no adopted formula to use, unlike child support calculations, and the law is vague enough so that two vastly different positions may be “reasonable.” Further, it is a topic fueled with emotion. Many people feel more offended by the thought of paying spousal maintenance than almost anything else. Also, participants who feel emotionally injured by his/her spouse sometimes … [Read more...]

Addressing Disclosure Issues in Arizona Family Law Mediation

In family law matters that either start in mediation or come to mediation early, the questions of hidden assets or income sometimes arise. Income is at issue for any child support or spousal maintenance case, and assets are at issue in divorces, legal separations and annulment matters. The following are ways mediators can help address concerns of non-disclosure: 1. Mediators can facilitate the exchange of information requested by each participant. The participants can enter binding … [Read more...]

Testimonial for Alona M Gottfried’s Mediation Services

Question:  How do I know which mediator to choose to mediate my family law issue? Answer: You want a mediator that is skilled at conflict resolution, caring, unbiased, knowledgeable and responsive. You can determine your comfort level with a particular mediator by meeting with him or her and asking questions. You can also look at reviews of the mediator’s services. Recently, one of my mediation clients took the time to review my services. He first responded in the affirmative to the … [Read more...]

Elder Care Mediation Arizona

The Census Bureau has reported that people over the age of 85 now represent one of the fastest-growing segments of the population in America. As they age, the elderly (along with their families) face increasingly complicated and difficult decisions regarding continuing care, estate planning and end of life medical decisions. Rising health and continuing care costs have only served to increase the pressure placed on families during this time of transition. These factors have led to an increase … [Read more...]

How Do I Get An Arizona Uncontested Divorce?

An Arizona divorce is considered uncontested when one of two situations exists: One party files for divorce, and the other party does participate in the process.  The divorce then proceeds by default, meaning the filing party goes to a default hearing, and the Court awards a divorce without the second party’s participation; or The parties wish to both participate in determining the terms of the divorce, but they do not want to fight in Court. With Situation 2, there are still a number … [Read more...]

Using Mediation and Conflict Resolution Training in Arizona to Resolve Disputes Between Co-Workers

Where people interact, conflict is inevitable.  A recent study has found that poorly managed conflicts cost companies substantial money and time.  CPP Global Capital Report, July 2008 “Workplace Conflict and How Businesses Can Harness it to Thrive.” The average company spends 2.1 hours a week dealing with conflict, which translates to 385 million working days in the United States lost due to conflict in the workplace.  Id. Conflict can arise from any number of situations.  Employees … [Read more...]

Joint Custody Agreement Modifications in Arizona

Joint Custody Agreements may have to be modified from time to time.  This may be because the children are getting older and have different needs.  It could also be that one or both of the parents’ schedules or residences have changed.  Sometimes a change to the plan is necessary because a parent is not parenting responsibly. Most Joint Custody Agreements anticipate the need for modification and build in a requirement that the parties must meet every year or two years to discuss changes.  Many … [Read more...]

Can I Use Mediation If I Want To Move Out of Arizona With The Children?

If you have custody orders through the Arizona courts, you cannot move with the common children out of state, or even over 100 miles in state, absent an agreement or a Court Order. If the other parent contests the move, pursuant to Arizona law (A.R.S. § 25-408), the Court will determine whether the relocation is in the best interests of the child or children.  It is the burden of the party requesting the relocation to prove that the move is in the children’s best interests.  Some of the … [Read more...]

How is Child Custody Determined in Arizona?

In Arizona, the Courts are required to determine whether parents are to have joint custody or sole custody when the parents file for an Arizona divorce or file a paternity action (where the parents were never married).  The Court also has to make these determinations when a parent has asked the Court to modify the custody or parenting time orders. Joint custody in Arizona means that the parents jointly make important decisions about such things as education, health and religion.  Sole custody … [Read more...]

The Horror Stories of Family Law Litigation and why Mediation may be a better choice in Arizona

We have all heard the horror stories of divorce actions – the friend who had to pay an attorney tens of thousands of dollars for representation; the neighbor whose family law litigation lasted over a year; or the family member who went to trial and got an unfair ruling. The fact is that, when you go the Court, you are risking the possibility that you will have to pay an attorney a lot of money, that you may have to litigate a case for many months and that you may lose vitally important issues … [Read more...]

Simmons & Gottfried, PLLC
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 998-1500