Facing a divorce is never an easy prospect, but when divorcing spouses have one or more serious disputes over the terms of their Arizona divorce, a difficult process quickly becomes contentious, often involving months of negotiations and preparation for court, and then days of heated battle before a judge, with the details of the divorce becoming a matter of public record. One way that divorcing spouses in Arizona avoid court is by choosing divorce arbitration, an alternative to court that offers significant advantages.
Consulting a knowledgeable Chandler divorce attorney can help you determine whether divorce arbitration is the right approach for your situation.
Arbitration is an alternative method of resolving disputes, often used as an alternative to court, including in Arizona divorces. No divorce is simple, but in the best-case scenario of divorce, the spouses can agree to all required divorce terms, including a child custody or parenting time schedule, child support under the state’s formula, equal division of marital assets, and alimony if the circumstances warrant it.
When spouses negotiate together with the help of their attorneys and a divorce mediator, they may achieve a settlement agreement and avoid court. Unfortunately, a significant minority of divorcing spouses cannot resolve their disputes to craft a settlement agreement, leaving them with a choice between divorce arbitration or divorce court.
During arbitration, both spouses first sign a legally binding agreement to abide by the decision of the arbitrator. The contract usually prohibits either spouse from filing a lawsuit against the other or going to court.
Once both spouses agree to choose divorce arbitration, the process begins with both spouses choosing an arbitrator. Often, one or both attorneys recommend a trusted professional arbitrator. Arbitrators are usually highly experienced family lawyers or retired family court judges.
Then, the spouses select a venue for the arbitration hearing, often in a private office that provides a neutral setting. Finally, before the arbitration date, the spouses agree on specific terms, typically an agreement that they will not challenge the arbitrator’s decisions or file an appeal. They may also select a timeline and procedural process for the arbitration.
The arbitration process works much like a divorce trial, with both spouses presenting their arguments and evidence to the professional arbitrator with representation by their attorneys. Then, after carefully reviewing and considering all presented testimony and evidence, the arbitrator makes final decisions on all divorce terms. The decision is put before the judge, who then signs it into binding divorce orders.
Arizona divorce arbitration is a more streamlined process that typically happens far more quickly and efficiently than waiting for a court date and enduring the divorce litigation process in court. It also allows the spouses to “shop” for an arbitrator that they like, by reading reviews and deciding on one that they feel is right for their case – a benefit that they don’t have in a court trial, with no option but to go before the judge presented to them. While arbitration is more expensive than mediation, it’s significantly less costly than court, less formal and stressful, and requires fewer billable attorney hours.
Another major benefit of arbitration over divorce court is that the disputes, resolutions, and all aspects of the divorce remain private in an arbitrated divorce. For guidance on whether arbitration is the right choice, consult a skilled Chandler family law lawyer who can help tailor the process to your needs.
