The first thing to realize is that Divorce happens. The reasons are many: the parties drifted apart; there was an alienation of affections; one or the other spouse got into drugs – ultimately one of these has caused the marriage to become irretrievable broken. The list goes on and on.
The next thing to consider is that Divorce need not be contentious. Drawing on my vast experience in mediation, my main goal is to work with parties in resolving the issues involved in the manner which best serves their combined interests. This is of vital concern and importance when dealing with children and the responsibilities that all parties that continue beyond the divorce, and extends to the future companions and spouses of the parties.
Arizona, being one of many “no fault” states, does not generally look to “fault” or “blame”. What matters is that the bonds of marriage have been “irretrievably broken”. Despite all reasonable efforts the parties simply cannot remained married. While this may sound like a fairly simple standard at times it can be difficult to establish, or may have numerous contributing elements.
In addition, the rights and responsibilities of the respective parties are varied. Obviously, child support and a parenting schedule must be devised that serves the best interests of the children of the marriage. This has to be carefully dealt with as it is the main area in which the couple – who can at times no longer agree or get along – have to be able to communicate and agree. This can last well into the future and certainly beyond the date the Divorce Decree is granted by the judge allowing them to legally live separate and apart from one another.
There are also financial concerns and obligations that need to be dealt with. Did one or both of the parties have retirement accounts? Are the needs of one spouse created by the marriage greater than the other, requiring continued financial support? How long should the support continue? All questions that require a detailed discussion.