Deciding to end a marriage is never easy, and the thought of navigating the legal process of divorce can be overwhelming. A common question many people ask is, "Do I need a lawyer to get a divorce?" The answer varies depending on your unique situation, but mediation is an increasingly popular alternative to traditional litigation that can simplify the process.
In Arizona and many other states, you are not legally required to hire a lawyer to get a divorce. However, the complexity of your case often determines whether legal representation is advisable. The reality is, you do not need a lawyer to get a divorce, unless you and your spouse do not mutually agree to use mediation - as mediation is a voluntary process.
Many couples can reach mutually agreeable decisions - spousal support (spousal maintenance or alimony), child support, parenting time, asset and division of property - in mediation, despite having conflict around these decisions. Many times, couples need a legal professional to help guide them on their options, and how these decisions will affect them and their families. Mediation is a great way to understand your legal options and reach decisions without litigating (going to court) with attorneys.
Why Mediation is Beneficial:
Mutual Agreement: If both parties are willing to work together to resolve issues such as property division, child custody, and support, mediation can be a less adversarial and more cost-effective option. You don't have to be in agreement or even low conflict, if you use the right mediator.
Desire for Privacy: Mediation sessions are confidential, unlike court proceedings, which are part of the public record. This can be appealing to those who prefer to keep personal matters private.
Control Over the Outcome: Mediation allows both parties to have a say in the final agreement rather than leaving decisions up to a judge. It also allows you and your spouse to be creative in the agreements you reach, rather than "cookie-cutter" agreement provided y a judge.
Lower Costs: Mediation typically costs 80-90% less than hiring lawyers and going through a lengthy court battle.
Time - Mediation take substantially less time than litigation. On average, in Arizona, a divorce takes 8 months to over a year to complete. Mediation, on average, takes 2-4 months.
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