OF LEGAL SEPARATION
Mediation of the issues involved in legal separation reduces
emotional stress. Couples make informed decisions about property
rights, debts, custody, and support with the help of a
professional mediator and avoid the expense of
two adversarial lawyers.
Frequently Asked Questions
About Mediation of
How does legal separation differ from
separation ends community property rights and obligations but the
couple remains married. For example, when legally separated each
spouse’s income is their sole and separate property, and one
spouse can no longer obligate the other for any debt he or she
incurs. On the other hand, divorce ends both the marriage and
community property rights and obligations.
How does the mediation of a legal separation
Mediation of legal
separation occurs in the same way and typically involves the same
issues as mediation of divorce. Couples work together with a
professional mediator to reach agreements concerning division
assets (such as real estate, investment accounts, and retirement
benefits), allocation of debts, child and/or spousal support, and
parenting arrangements for minor children.
What does the mediator do?
Out-of-Court Solutions’ mediators are experienced in law,
psychology, and business. Our mediators help couples fully
understand all of the legal, financial, parenting, and other
issues involved in their situation. Our mediators also help
couples communicate, negotiate, explore alternative ways of
resolving disagreements, and deal with the anger, sadness and
other emotions that are likely in these situations. After a couple
has reached full agreement, our mediators draft a comprehensive
and legally binding settlement agreement.
How does mediation differ from court-based
In mediation, couples
decide what's best for them, rather than surrendering control to
attorneys or a judge. They reach agreement based on their
particular relationship, needs, and standards. This takes place in
a safe, collaborative environment and is significantly less
stressful than the adversarial, win-lose procedures involved in
How much does
Mediation is inexpensive compared to using two separate lawyers
with retainers ranging from $2,000 to
$7,500 and more
from each party. That means you
and your spouse will together have to come with $4,000 to $15,000
or more -- just to get started! With Out-of-Court Solutions you
pay as you go, avoid all costly legal proceedings, and spend 50 to
75% less -- saving thousands of dollars.
How does mediation benefit children?
All of the
mediators with Out-of-Court Solutions have backgrounds in
psychology and law, and strive to help couples focus on the
best interests of their children. In this way, mediation fosters
increased communication and reduced anger between parents, and
results in less harm to children and more cooperative parenting
Are there times when it's
not appropriate to mediate?
When one spouse is
in physical danger, or is unwilling to participate in good faith,
mediation would not be an appropriate choice.
What if we already agree
on lots of issues?
often serve as a foundation for resolution of other issues and
overall agreement, expediting the mediation, further reducing the
What if we don't reach
anything said or prepared for mediation is strictly confidential,
barred from being used as evidence should you be one of the few
couples who do not reach full agreement.
What are the chances for
We are very proud
of our success rate: over 95% of the couples who mediate with
Out-of-Court Solutions reach full agreement.
How do I get other questions
Arrange for a complimentary (free) consultation by calling
Out-of-Court Solutions’ Phoenix office at (602) 404-1500.
Or click here to contact us by email
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