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Mediation Vs. Court Divorce
December 8, 2022in Mediation

Mediation Vs. Court Divorce

Mediation Vs. Court Divorce

Is Mediation Right for Your Situation
Going through the process of a divorce is a scary and unpleasant time for everyone. Because marriage legally binds two people in the eyes of the state, getting a divorce necessitates splitting up all that was once shared property in the eyes of the law.
 
Court divorce involves hiring a lawyer and going through your state’s court system to litigate or argue your divorce in court. When you file for divorce, the court will decide how things like child support and property division are handled. This procedure is often a long and expensive process that results in the cessation of friendly relations between former spouses. In Arizona, family court or mediation are your two options.
 
Mediation provides an alternative to this. In divorce mediation, both spouses meet with a licensed and trained third party who seeks to solve all disputes outside of court. No court filing is necessary. Mediation involves sitting down with your spouse and the mediator and discussing issues like child support. Once both sides have come to an agreement, the mediator sends a signed copy of the settlement to the court.
 
In this article, we will break down the differences between mediation and court divorce in terms of how long each process takes, the cost of each option, and which choice is right for your situation.

Differences in Time: Mediation Vs. Court Divorce

Typically, settling your divorce through mediation is much faster than undergoing a court divorce.
 
During a court divorce, the timetable of your divorce is entirely in the hands of busy family courts. Unfortunately, many states lack family court judges, so you may find yourself waiting for many months before proceedings even begin. In addition, a family court must follow several lengthy processes during a court divorce. Even if you and your spouse end up agreeing on issues, these processes mean that even simple court divorces routinely take over a year or more to finalize. 

Mediation often takes days or weeks to complete. In mediation, there is no court-mandated timetable that must be followed. The mediator will reach out to both spouses and schedule meetings that work with the schedule of both parties. Depending on how long it takes the two sides to agree, mediation can be over in a matter of days or weeks.

How Much Does Mediation Cost Compare to Court Divorce?

Compared to mediation, court divorce is often costly for one key reason: the need for both sides to hire lawyers. It is technically possible but extremely rare to go through a court divorce without a lawyer. In a court divorce, lawyers must help each side effectively argue their case. Because of the length of court divorces, spouses can rack up substantial legal fees.

In mediation, lawyers are not always necessary. Some couples may hire individual lawyers as consultants to ensure they aren’t tricked into an agreement that favors one side over the other. However, even in this case, the expedited mediation timetable compared to a court divorce means that any hired legal help will collect much less in hourly fees.

Should you Choose Mediation or Court Divorce?

If you and your spouse are on civil terms and are willing to work with each other civilly, then mediation is the best solution to finalize your divorce. In order to successfully undergo mediation, you and your spouse need to be willing to sit down with a mediator and interact with each other on a level playing field.
 
Court divorce forces a more level playing field. Suppose you and your spouse are involved in a relationship where domestic abuse is present or where one side is significantly more powerful than the other. In that case, court divorce is likely a better option. If you and your spouse are unwilling to speak to each other, then a court divorce will allow lawyers to battle it out for you.

Family Law in Tucson

ELCV LAW can help you decide if court divorce or mediation is the right for your situation. If you need a Family Law Attorney or Mediator in Tucson, Arizona, don’t hesitate to contact ELCV LAW by filling out a request form at www.elcvlaw.com or call us at 520-795-2235. Take control of your future and contact Erika L. Cossitt Volpiano, P.C., for a consultation today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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When Divorce is The Only Option
December 1, 2022in Divorce

When Divorce is The Only Option

When Divorce is The Only Option

When Divorce is The Only Option
Most people go through difficulties with their spouses. And for the most part, they can eventually work something out so both parties are happy and can continue their marriage. However, in some cases, divorce is simply the only option. If that is the case, you will need to know a few things to do before you actually announce it to your spouse. 
 
Whether you have simply considered divorce or officially decided to go through with one, you should know what you will need to do to set your divorce in motion. Today, we have put together a short guide on what you should do if divorce is your only option.

Do not Threaten A Divorce Unless You Are Ready

One of the worst things you can do for your marriage is to threaten to get a divorce when you don’t actually mean it. This threat can hurt your partner and cause a significant rift in your relationship if you decide to stay married in the future. Telling your partner you want a divorce when you are not ready can also make them start planning a divorce without you and begin to move assets or plan for life without you, even if you aren’t serious about getting a divorce. 
 
Threatening a divorce can also be emotionally difficult for your children, who will feel sad, scared, and anxious about the future. Telling your family prematurely that you want a divorce can cause unnecessary pain and disarray. So make sure you are 100% sure you want to go ahead with the divorce before notifying your family.

Gather Your Documents

The next step to getting a divorce is gathering the necessary documents. Doing this sooner rather than later will help save you time and money since your lawyer won’t have to charge you for the time it takes them to sort through your disorganized documents. Having all of your documents ready can also make it easier to file the divorce quickly so you and your spouse can move on with your lives.
 
The essential documents that you will need include:
  • Your bank statements.
  • Investment account statements.
  • Tax returns.
  • Life insurance policies.
  • Credit card statements.
  • Car titles.
  • Mortgage documents.
These documents are crucial to helping the process move along smoothly. They make it so your lawyer can quickly determine how much you and your spouse collectively own, and they can help you come to a fair agreement.

Make Sure You Have Your Own Money

Money is easily one of the most significant issues among couples who are getting divorced. It is imperative if you are the partner with less access to your financial accounts. Divorce can get messy, and many partners try to take advantage of each other out of spite. While your attorney can fight for you and get you the money owed, it may take some time. The best way to protect yourself is to ensure you have at least three months worth of money set aside. By having your own money and credit cards set aside, you can ensure your own financial stability.

Contact a Family Law Attorney in Tucson

After deciding you need to get a divorce from your spouse and completing all the previous steps, it is time to contact a divorce lawyer. A divorce lawyer can give you legal advice and help you proceed with your best interests at heart. They will tell you about all the different options. Who knows? You may prefer alternatives to a traditional court divorce, such as the mediation process. ELCV LAW is a firm specializing in Family Law in Tucson. Erika L. Cossitt Volpiano, PC., is an Arizona divorce mediation, marital contract specialist, and family lawyer with over 30 years of experience. She specializes in family mediation in Arizona and can advise you on voiding a marital contract. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Arizona Mediation Services Firm
November 22, 2022in Mediation

What to Look For in an Arizona Mediation Services Firm

What to Look For in an Arizona Mediation Services Firm

Arizona Mediation Services Firm
Divorce is a personal and exhausting process. It is often difficult to negotiate with your spouse, and there tends to be plenty of negative sentiment that comes with changing your entire family’s life with a divorce. Because of this, it is best to go through the process with a firm you trust and respect. Finding a mediator you connect with, there can be less arguing and negativity throughout the process. 
 
While plenty of attorneys offer family mediation services in Arizona, it is best if you find the one that works for you and your spouse. Although every couple could value different characteristics in an Arizona divorce mediation firm, here is a general starting point to help you find the right one for you.

Trustworthiness

When searching for a mediation services firm for your divorce, you must select a firm you trust. A good mediator will guide the discussion and help both parties reach an amicable compromise. If you or your spouse doesn’t trust the mediator, it won’t be easy to finalize the process. The mediator will inspire trust and let both parties know they are there for them. Without trust, it can be difficult for clients to discuss important information necessary for a mediation session. Having a trustworthy mediator allows both parties to be more cooperative.

Patience

Finding a mediator with patience is another significant part of choosing the right mediator. Mediators will need to sit through some possibly infuriating discussions where one or both parties will be unreasonable. This part of the process can be challenging to sit through, but a good mediator is patient and understanding. A suitable mediator will not raise their voice and take the time necessary to get their clients their end goal. Mediation can sometimes also lead to discussing sensitive topics that patiently need sorting through until an acceptable agreement is reached. 

Communication Skills

In a mediation session, a good mediator will lead a discussion about each of the assets and how you should separate them. With many raw emotions in the air, disagreement can break out, and the parties may start to argue. A good mediator will also help keep the conversations neutral and steer them back into place if someone starts to get upset or accuses the other party of wrongdoing.

Impartiality

Impartiality is arguably the most important virtue in a mediator. The purpose of mediation is to come to an agreement privately without the decision of a judge. Basically, this means the mediator will need to take on the role of the judge and see to it that the agreement is fair. The mediator will also help ensure neither side gets taken advantage of, and they compromise a normal amount. For example, sometimes, if one partner is more dominant than the other, they may try to bully the other spouse into agreeing to poor terms. But with an impartial third party controlling the rules, both parties must be fair. A strong yet impartial mediator is precisely what is needed to leave your session with an amicable decision.

ELCV LAW Arizona Family Court Mediation

ELCV LAW is an Arizona custody mediation firm that specializes in helping spouses go through a painless as possible divorce. Erika L. Cossitt Volpiano, PC., is a divorce mediator in Tuscon who values establishing a connection with her clients and working through the solution together. Her guidance can help her clients open up and communicate their needs, ensuring the agreement is fair for both parties. She has been able to improve many partners’ relationships even after they have divorced. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Marital Contract - Before You Say "I do"
November 15, 2022in Family Law, Family Law Attorney

Marital Contract – Before You Say “I do”

Marital Contract - Before You Say "I do"

Marital Contract - Before You Say "I do"
Getting married is a pleasurable and exciting milestone. You have finally found the love of your life and decided to spend the rest of your life together. While it is important to be positive and go into your marriage excited for what is to come, you should also prepare for the worst. Getting a marital contract or a prenuptial agreement can ensure you and your spouse are covered, just in case of divorce. 
 
While this may sound unromantic, going into your marriage prepared can actually lead to a stronger marriage. You and your spouse will know you are able to have productive conversations about complex subjects and get through them together. Here is what you should know about marital contracts before you get married.

What is a Marital Contract?

A marital contract also called a prenuptial agreement, is one that couples enter before they get married. The contract lists which one brings what into the relationship, such as property, money, and stocks, before you are married. The contract can also include who will own the assets if a divorce should happen. When making a prenuptial agreement, both partners must have their own attorneys present when signing a marital contract.

Reasons Why You May Want a Prenuptial Agreement

  • One Partner is Wealthier Than the Other 

Getting married after you have already established your professional careers is a good idea to get a prenuptial agreement. While the prenuptial may initially be to benefit the wealthier person, the other partner can also become more prosperous during the marriage, making it protect them as well. A prenuptial agreement covers the more affluent person because if they were to get divorced, the wealthier person would get to keep their money.

  • There Are Children From Previous Marriages Involved

If you or your partner have children from previous marriages, getting a marital contract is also a good idea. A marital contract ensures that the money and property the parent makes will be passed down to the children in case that parent dies. Having a prenuptial agreement can prevent your loved ones from fighting over the money and property when you die.

  • One or Both Partners Own a Business 

You may also want to consider a prenup if you or your partner owned a business before getting married. If you do not have a prenup and get divorced, the person who owns the business may need to pay the other partner half of the assets made during the marriage.

  • One Partner Plans on Being a Stay-at-home Parent

When one of the partners decides to become a stay-at-home parent, they give up a possible career—because of this, getting back into the workforce may be difficult if you were to get divorced. But with a marital contract, the stay-at-home parent can guarantee compensation for their work at home.

When Should You Create a Prenup?

You will want to start getting a marital contract as soon as possible. Discussing a prenup should occur as soon as you decide you want to get married. Weddings can cause significant stress, so discussing the prenuptial agreement much earlier than during the stressful planning phase is essential. Getting the marital contract can also take some time, so you should get the process started at least a month before you get married.

ELCV LAW Marital Contract Services

Being prepared helps to ensure success in any relationship. We can help you draft the perfect marital contract to protect you and your future spouse. As one of Tucson’s most experienced family law attorneys, we know exactly how to detail the agreement to cover you entirely in your marriage. ELCV LAW is a firm specializing in Family Law in Tucson. Erika L. Cossitt Volpiano, PC., is an Arizona divorce mediation, marital contract specialist, and family lawyer with over 30 years of experience. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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How to Choose the Best Family Law Attorney in Tucson
November 1, 2022in Family Law, Family Law Attorney

How to Choose the Best Family Law Attorney in Tucson

How to Choose the Best Family Law Attorney in Tucson

How to Choose the Best Family Law Attorney in Tucson

When choosing the best family law attorney in Tuscon, doing research is always a good idea. Getting a divorce is a complex matter, and it is vital to take the process seriously. With the appropriate support, you and your partner can split as amicably as possible. As you would before hiring anybody, look up a few divorce lawyers before deciding which one to choose. Here are some tips on choosing the right family law attorney in Tuscon.

Recommendation From Friends and Family

You can get plenty of excellent recommendations from friends and family members you trust. They may know of an exceptional divorce lawyer or have used one themselves. Chances are, if you live in the same location as your friend and family, there will be at least a few people who know of a good, nearby family lawyer. Asking for a recommendation can also be helpful since you will know what the person’s experience was. Even after getting a referral, you should still do your research and talk to the attorney yourself since everyone’s situation and experience can be different.

Look into The Attorney's Background

Take a look at the attorney’s CV and dig into their background. Look at where they went to school and what they have achieved. While resumes are not everything, they can be a good indicator of their experience. If possible, you should also read about the outcomes of some of their cases. This way, you can see if they have taken on cases similar to yours and won.

Get a Quote For the Cost

When talking to a lawyer, you always want to ask for an estimated cost for their services. This knowledge can prevent you from being surprised by a large bill at the end of your divorce. If possible, ask for a one-time fee that includes all their services. That way, you won’t be handing them a blank check to put whatever cost they deem acceptable.

Trust Your Instincts

Above all else, trust your instincts. If you clicked with the lawyer immediately, they might be the right one for you. When you have your consultation, gauge the conversation and see if they have good suggestions. The discussion should determine your circumstances and what they can help you achieve. Remember, you are the one interviewing them. Usually, people are good judges of character, so when you first meet, you will likely know if they are the right fit for you.

ELCV LAW Family Lawyer Tuscon

Court divorces are not always the best way to go about the dissolution of your marriage. If you are looking for an experienced family law attorney, ELCV LAW is a firm specializing in Family Law in Tucson. Erika L. Cossitt Volpiano, PC., is an Arizona divorce mediation specialist and family lawyer with over 30 years of experience. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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How to Avoid a Court Divorce
October 24, 2022in Divorce

How to Avoid a Court Divorce

How to Avoid a Court Divorce

How to Avoid a Court Divorce
Getting a divorce in court is an incredibly long and, most times, arduous experience. It can significantly affect you, your spouse, and even your children. The public process of court divorce is also often inconvenient, preventing you from swiftly moving on with your life. 
 
Thankfully, there are alternative dispute resolution options you can pursue to make the process quicker and emotionally easier. Here are a few alternative ways you can avoid a court divorce.

Alternatives to a Court Divorce

There are many alternatives if you seek a relatively hassle-free and less expensive divorce. Avoiding going to court and airing your personal life in public generally saves time and money, allowing you to get through the process and move on with your life.

Divorce Arbitration

Divorce arbitration functions similarly to a court trial, except you don’t have to be in a courtroom. Instead, you and your spouse will hire an arbitrator, who is generally a lawyer or retired judge. Like in a trial, both sides will prepare arguments to be presented to the arbitrator. The arbitrator will make the final decisions, and these decisions are binding.
 
Although arbitration is similar to a court, arbitration resolves matters privately, while a trial does not. Arbitration could be your best path if you feel uncomfortable exposing personal issues to the public. While it is still relatively expensive, it is a much more affordable option than a trial because the process isn’t as time-consuming. Divorce arbitration is a great option to save your pockets and sanity.

Marital Settlement Agreement

A marital settlement agreement is a detailed document outlining a couple’s decisions concerning how they have agreed to handle their divorce. It usually addresses vital things like the division of assets, custody of children, and other divorce-related issues. While a couple can write their own agreement, it is not wise or recommended. It is always best to work through a lawyer experienced with these agreements and have them draft the settlement. This way, you will know that the settlement conditions and any legal implications agreed to are solid and lawfully created. Even if you decide to draft your own marital settlement agreement, you will need to have the court approve it and determine that the division of property and assets are fair, and if not, you may have to do it all over again.

Mediation

One of the most popular options for couples seeking a more amicable, flexible, and cost-effective route is mediation. Divorce mediation sessions involve a professional mediator who is there to help you and your spouse reach an agreement, despite your differences. The mediator’s purpose is to ensure you and your spouse feel heard and supported throughout the negotiations. Sessions are not as formal and stressful as court hearings. Your comfort throughout the process and contentment with the final agreement are the main priorities. While mediation is an excellent option for avoiding court divorce, it may not be the best option for everyone. Going to mediation to absolve your marital contract is only suitable for couples who do not have one person who is more dominant than the other. If one person has more control and power over the other, they will likely try to manipulate the other person during the mediation session. 

Family Law Attorney in Arizona

When we enter into a marriage, nobody expects the relationship to end; unfortunately, this is not the case for many. Court divorces are not always the best way to go about the dissolution of your union. If you are looking for an experienced family law attorney, ELCV LAW is a firm specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano, PC, is a meditation expert, ensuring that parents cannot use it as an instrument against their spouses. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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How Does Arizona Family Court Mediation Work
October 19, 2022in Mediation, Relationship

How Does Arizona Family Court Mediation Work?

How Does Arizona Family Court Mediation Work?

How Does Arizona Family Court Mediation Work
In Arizona, mediation is a common technique for dealing with family court issues. It is an effective way to lessen family tensions and avoid lengthy court proceedings. With mediation, your family can reach an agreement as smoothly and quickly as possible. When it comes to family mediation, Arizona allows mediation for all cases, including child custody and other parenting agreements. 
 
Mediation is perfect for allowing couples to come to a complete agreement or for those who may feel they might not be able to reach an agreement easily. A mediation session can also be an excellent way to narrow down the possibilities and help clear up any confusion before a trial. Overall, the mediation process makes it easier to reach an amicable agreement. With the help of a family divorce lawyer in Tuscon, you can decide what to ask for in court and what the judge will most likely allow you to do. Now that you know a bit about Arizona family court mediation let’s discuss the actual mediation process.

How Does the Process Work

Here is a brief overview of the Arizona mediation process.

Preparation

The preparation meeting can be done in person or over the phone. Before the process begins, the mediator will talk to the two parties and discuss the steps for Arizona mediation services. The mediator can also answer any questions you may have before beginning the official sessions. This part of the process is an excellent time to discuss any worries or fears that may arise.

Opening Statements

The mediation sessions begin with the mediator giving the opening statements. The statements will help the mediator get a better sense of the issue and know how to guide the discussion. The mediator will discuss their role and confirm both parties are willing and agree to mediation. Once both parties agree, each party will discuss the issue and present their side. The mediator’s role is to remain unbias throughout the entire process. At this point, it is also a good idea to inform the mediator if a marital contract or agreement is already in place.

Joint Discussion

A joint discussion is when both parties and the mediator discuss everything presented in the opening statements. Here, the mediator unbiasedly guides the conversation by bringing up essential and relevant talking points. The spouses should prepare to discuss everything from the division of marital assets to where and with whom the child or children should live.

Private Discussion

After the group has discussed the situation together, the mediator meets with each person individually. In the private discussions, the mediator will inform each person of their position’s strong and weak points and help them understand what a court would likely determine. The mediator will also help the individuals strategize on how to make a compromise.

Negotiation

This stage aims to finalize an acceptable agreement for both parties. In this phase, both sides come into a room and discuss what they are willing to do to settle. Here both parties will need to present their arguments and discuss where they are willing to budge in the offer. 

Settlement

During the settlement, the two parties will need to both agree on the terms and conditions. At this point, if either party cannot agree, the case will have to go to trial.

Mediation in Cases of Domestic Violence

Cases of domestic violence are complicated to sort out with mediation. The perpetrator will almost always be aggressive and try to intimidate the other partner, making reaching a fair and appropriate agreement challenging. Cases of domestic violence must always go to court.

ELCV Arizona Family Court Mediation

Mediation is an excellent choice for parents who want to find a fair and amicable solution for separating marital assets and custody of their children. Aside from working out child custody, at ELCV LAW, we can also guide you through the use of mediation to discuss divorce modifications, child protection services matters, and property division. 

ELCV LAW is an attorney specializing in Family Law in Tucson. Attorney Erika L. Cossitt Volpiano is a meditation expert, ensuring that parents cannot use meditation as a tool against their spouses but rather as a way to reach a positive outcome for all concerned. Take control of your future, and contact ELCV LAW today at 520-795-2235 or visit our website at www.elcvlaw.com.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Why Marital Contacts Are Important
October 17, 2022in Marital Contracts

Why Marital Contacts Are Important

Why Marital Contacts Are Important

Why Marital Contacts Are Important
When you enter marriage, the world is your oyster. Community property may not be at the forefront of your relationship. Most couples don’t anticipate ending their relationship in a flurry of hostility. It is essential to have marital contacts when married or premarital.
 
What are marital contacts? They are the agreements you make with your spouse or partner about what will happen during your relationship or if you should, unfortunately, get divorced. They can help to prevent disputes and misunderstandings down the road. If you plan to get married, discussing these issues and devising a plan is essential. Creating one of these agreements is not too late if you are already married. Having an arrangement in place can help ensure that your relationship goes as smoothly as possible.

What types of marital contracts are there?

The terms of the agreement can be varied, but some things always come with marriage. What are marital contacts? If you’re considering marriage or are already married, it’s vital to understand marital contracts and how they could affect your life. Consult a legal professional. 
 
Marital contacts are an essential part of a marriage and are used to document agreements between spouses, resolve disputes, etc. You need to know if you’re married or about to get married.
 
There are three main types of marital contracts.

1. Premarital Agreements

Address acquisition of assets during a marriage, designation of retirement accounts, community property issues during the dissolution.

2. Postnuptial Agreements

Manage employment arrangements, household responsibilities, property and art purchases, and asset separation.

3. Cohabitation Agreements

Designate domestic tasks, assign legal authority as an agent, who gets the dog, and more.

The benefits of having marital contacts

Did you know that there are benefits to having marital contacts? Married couples have several legal protections that unmarried couples do not. Including, but not limited to, the ability to make health care decisions for each other, the right to inherit from one another, and the ability to file joint tax returns. Additionally, married couples may take advantage of certain tax breaks not available to unmarried couples. Suppose you are considering marriage or are already married. In that case, it is essential to consult with a professional about your specific situation and the benefits of how a marital contract protects you both.
 
Most couples enter into marriage with the best of intentions. However, over time disputes may arise that can lead to problems in the relationship. One way to try and prevent these disputes from becoming too damaging is to have a marital contract with your spouse.

How to make marital contacts work for you

When you marry someone, you enter into a contract with that person. Suppose you want to be proactive about preventing potential marital disputes and building a solid foundation for your marriage. In that case, it might be time to consider having a marital contract with your spouse. If you’re not sure what to include in this type of agreement, don’t worry! We have years of experience providing couples with helpful information about how they should structure their marriage contracts so that both spouses feel satisfied. Take control of your future and contact ELCV LAW today at 520-795-2235 or schedule an appointment online at www.elcvlaw.com to learn more about how we can provide helpful guidance when creating this document.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Why is Mediation Important to Any Relationship
October 14, 2022in Mediation, Relationship

Why is Mediation Important to Any Relationship?

Why is Mediation Important to Any Relationship?

Why is Mediation Important to Any Relationship
Disputes of any kind can often lead to broken relationships and hard feelings. This method is especially true when it comes to divorces. Divorces tend to result from problems in the marriage, and there is often lots of fighting in the household leading up to the divorce. Having a court battle over assets and money to get a divorce can perpetuate these feelings of anger, frustration, and uncertainty about what is to come.
 
Divorces are not only hard on the spouses who are getting divorced, but they can also be hard on children and extended family. That is why mediation is the best way to ensure the least emotional damage and trauma resulting from a divorce. 
 
Read on to learn how mediation can benefit relationships within a family.

How Can Mediation Preserve Your Relationship with Your Spouse?

Less Fighting

Before a divorce, there is usually plenty of fighting. An impartial professional family law attorney in Tucson, Arizona, will help direct the process, so there is less fighting during the division of money and assets. When you go to court to get a divorce, you both have to hire your own attorney to fight for what you want with little regard for the other person. Mediation can help preserve your relationship by easing uncertainty and anxiety about how much money each person will have after the relationship has ended. Although mediation can’t solve your current relationship, it can help conclude your relationship with less fighting.

Improve Communication

Experiencing a mediation process together can benefit your relationship with your spouse after the divorce. It may be difficult, but you must both set your differences aside and work together to find a resolution. During this process, you will need to listen to one another and keep an open mind about how the mediation might go. You will need to treat each other with respect and civility while in a mediation session, which can set a precedent for future conversations. The common goal of finding a solution peacefully between the two of you can be critical to mending your past differences. Mediation can also help improve your communications in the future as a divorced couple. Improved communication will also help you, co-parent.  
 

How is Mediation Better For Your Relationship With Your Children?

Less Hostility At Home

Divorces are almost always hard on children. However, mediation will be better for your relationship with your children since there will be less fighting in the home. When you are in the process of getting divorced, there is a time when you will still live with your spouse and children. During this time, there can be lots of tension at home, which can strain your whole family. Hostility in your home can cause confusion for children, and they may end up resentful. Lessening the anger and fighting within the home with divorce mediation can improve relationships with your children since they can see their parents as civilized and end the relationship amicably. In addition, you will be able to model common courtesy, respect, and civilization for your children.

No Picking Sides

Oftentimes, children get caught in the crossfires of personal battles with you and your spouse. It can get messy when you and your spouse go through a court battle. Your children may end up having to hear you and your spouse argue over who gets custody of them or other complex subjects. They also might start to pick up on your attitudes and anger towards one of you at home. As a result, they may begin to pick sides and hate one of you. This issue causes further division amongst your family and can lead to unhealthy relationships. Mediation is better for your family since it will show your children that you and your spouse can get along even though you may be getting a divorce. That way, they won’t feel the need to defend one parent over the other or pick sides.

We understand that divorce is hard for any family, but knowing that you can mitigate some of the trauma with divorce mediation is essential. Divorce mediation will allow you and your spouse to split in the most amicable way possible, making it easier for everyone in the family. If you are looking for a family lawyer in Tucson, Erika L. Cossitt Volpiano, P.C. is one of the most skilled attorneys in the industry. With more than 30 years of experience, ELCV LAW is considered highly professional among divorce mediators in Arizona. Take control of your future and visit our website at www.elcvlaw.com, or call 520-795-2235 to discuss how mediation could help your family through a divorce.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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Why a Prenuptial Agreement is Important
October 10, 2022in Prenuptial Agreement

Why a Prenuptial Agreement is Important

Why a Prenuptial Agreement is Important

Why a Prenuptial Agreement is Important
It may feel counterintuitive to draft a document detailing how you and your future spouse will split finances in case of a divorce. However, a prenuptial agreement will protect both of you from more than money disputes. It can also help you strengthen your relationship before you marry since you will have to discuss complex topics and work together to agree on your future. 
 
Plus, with a significant number of marriages ending in divorce, it is more realistic to plan for the possibility of a divorce rather than to pretend it could never happen. 

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a prenup, is essentially a list of rules about dividing assets if a couple gets divorced. Since the word ‘nuptial’ means marriage, prenuptial means creating a list of rules agreed to before marriage. A prenuptial agreement is legally binding and upheld by the courts.
 
When getting a prenuptial agreement, both partners need to be voluntarily present. Neither of the partners is tricked into giving something up. Each person should draft the prenuptial agreement with their own lawyer to ensure the process is as fair as possible.

What Are the Benefits of a Prenuptial Agreement?

Open Communication

Finances are a significant part of any married couple’s relationship. It is often the reason why many couples get divorced—before getting married, discussing what each person brings to the relationship is always a good idea. Discussing a prenuptial agreement is an excellent way to initiate an honest conversation about what assets and liabilities will be shared. 
 
Drafting a prenup with your partner will help you understand one another’s expectations of ownership and finance. Questions such as who would get the house if they were to divorce are essential topics of discussion that may not come up if the couple did not have a prenuptial agreement. Setting expectations and having a genuine conversation about complex issues will help strengthen your relationship and give your marriage a proper foundation.

Fairness in Division of Assets

Unless both partners enter the relationship with the same amount of assets, one partner may leave the marriage with significantly less money while the other leaves with more. It is easier to leave the relationship with a fair division of assets with a prenuptial agreement. 
 
When couples fight over assets in court during a divorce, they both try to screw the other person out of money, especially if the relationship ends poorly. A prenuptial agreement is generally fairer since both partners will be going into the agreement amicably. 

Protect You From Debt

Once a couple gets married, all incurred debts belong to both partners. If one person racks up a credit card bill before getting divorced, both partners could potentially be responsible for the debt. Debt repayment can be discussed in a prenuptial agreement, protecting the debt-free spouse from an unfair financial burden.

What Can Be Included in the Prenuptial Agreement?

A prenuptial agreement can consist of property, spousal support, alimony, debts, and other assets. A prenuptial agreement can include property, spousal support, alimony, debts, and other assets such as family heirlooms. Child support will be determined after divorce, either in mediation or court. 

Who Might Need a Prenup?

Many people are under the impression that prenuptial agreements are only for the rich and famous. A prenuptial agreement benefits everyone since there are always assets you want to protect. People who may wish to consider a prenuptial agreement include those who come into the marriage with assets, business owners, and single parents. These people would benefit from a prenup since they tend to have valuable assets that they achieved independently.
 
In caucus, the mediator will put a proposed settlement on the table. Then, they will ask each side to attempt to amend the settlement until an agreement has been made. Depending on the success of this, “caucusing” can occur.
 
The bargaining stage can take a day or a few weeks, depending on how much you and your spouse disagree.

If you need a Family Law Mediation or Marital Contract Attorney in Tucson, Arizona, you should contact ELCV LAW by filling out a request form at www.elcvlaw.com or call us at 520-795-2235. Take control of your future to learn how you can benefit from a prenuptial agreement. Contact Erika L. Cossitt Volpiano, P.C. for a consultation, today.

Disclaimer: The content in this article is for informational purposes only and should not take the place of actual legal advice. Not all circumstances are the same, and it is suggested that you should seek legal counsel if you need assistance in any of these areas.

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