If you want to get a divorce, and you and your spouse agree on all of the terms, then you can have an uncontested divorce.  What that means is that you can complete your divorce without acrimony and without going to Court.

The easiest way to get a divorce is to hire a mediator.  The mediator can make sure you have an agreement on all issues:  division of debts, division of assets, spousal maintenance and child custody, parental access schedule and child support where there are children.  If you find out you have a conflict on one of the issues or forgot to consider an issue, the mediator can help you resolve the issue in a peaceful manner.  The mediator can help you enter a binding agreement, and then the mediator can draft up all of the documents for you and submit them to the Court for you at the appropriate time.  People like this option because both parties feel like they are equal footing.  This is because they share one professional – the mediator.  Sometimes, when one party gets an attorney, then the other party feels disadvantaged because the attorney has an obligation to give legal advice to only one party.  A mediator represents neither party and is fully neutral.

If one party just does not want to be involved in the process, short of signing a few papers, one party can hire an attorney to draft up all the paperwork.  The other party will just have to sign an Acceptance of Service (which means he/she does not have to be served by a process server with the Petition for Dissolution of Marriage) and the final Consent Decree.

Deciding how to get a divorce and navigating your way through the Court system can be confusing.  Please feel free to call me for a complimentary consultation.

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