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What should I do if the other parent violates our parenting plan?

Blanchette Law on August 8, 2023

A parenting plan is a written document that outlines the responsibilities of each parent. It’s designed to protect the best interests of your children and help ensure a smooth co-parenting relationship between you and your ex.

This document is legally binding, meaning both parents must abide by its terms. If one parent fails to do so, the other parent has legal recourse and can take action. Continue reading to learn more, then contact Blanchette Law PLLC for personalized guidance from a Tempe child custody lawyer.

what to do if a parent violates parenting plan

Understand the violation

Each parenting plan includes terms that are unique to that case. Typical terms include details about when and where the children will spend time with each parent, who takes care of medical decisions, and how communication will occur.

The details of a violation will depend on the specific terms of the parenting plan, but common examples include:

  • Failing to keep scheduled visitations
  • Refusing to allow contact between the child and the other parent
  • Not providing timely notice of plans or changes
  • Undermining the decisions and authority of the other parent
  • Enrolling the child in an activity without the other parent’s consent

If you suspect the other parent is violating your parenting plan, start by taking a look at the original court-issued documents. The terms of the parenting plan will be outlined here, and you can use this as a reference when taking action.

Document the incident

If your suspicions are correct and you believe that the other parent is in violation of your parenting plan, you’ll want to start gathering documentation. Keep detailed records of each instance, including times, dates, and any witnesses to the event.

It can also be helpful to screenshot any text messages or emails that show that the other parent is disregarding the parenting plan, such as refusing to discuss visitation times. Be sure to keep these records in a safe place so you can easily access them if needed.

Keep in mind that documenting a parenting plan violation doesn’t necessarily mean you have to jump right into legal action — rather, it’s a way to proactively protect yourself if the situation escalates. In some cases, a simple conversation may be enough to remedy the situation.

Try to communicate with the violating parent

If possible, start by trying to talk with the other parent about their behavior. Let them know that you take the parenting plan seriously, and explain why it’s important for both of you to uphold its terms. You don’t have to be confrontational; instead, focus on creating a positive dialogue that emphasizes your shared investment in ensuring the best interests of your children.
This conversation can be an excellent starting point to explore potential solutions. Many parenting plan violations arise from a genuine misunderstanding or a change of external circumstances that aren’t reflected in the current parenting plan, such as an altered work schedule. If this is the case, you may be able to resolve the issue by agreeing to modify the parenting plan through the family court system.

Consider taking legal action

Unfortunately, not all violations can be solved through mutual collaboration. If the other parent is unwilling to cooperate, you may need to take matters into your hands, and you should contact a family law attorney. A lawyer can help explain your legal rights and advise on the best course of action. Depending on your circumstances, you may be able to petition the court to enforce the parenting plan or even seek a modification.

This is where your documentation will be helpful. If you can prove that the other parent is violating the parenting plan, the court will likely intervene on your behalf and compel the other parent to comply with its terms.

When the judge reviews your situation, they will make decisions based on what they believe is in the best interests of your children. This may involve modifying the parenting plan or issuing sanctions against the violating parent.

A family law attorney can help you seek relief

If you’re struggling with parenting plan violations, Blanchette Law PLLC is here to help you find a resolution. We understand the vital role that parenting plans play in preserving relationships between children and their parents, and our Tempe child custody lawyer is committed to protecting your rights. Don’t wait to take action — contact Mrs. Blanchette today at (602) 881-1748 to start exploring your options.

What are some unique issues in same-sex divorce?

Blanchette Law on August 8, 2023

Unique same-sex divorce issues deal with child custody and how long a couple was married. A clear understanding of same-sex divorce issues is a must if you are preparing to go through the divorce process in Tempe, Arizona. With an experienced divorce attorney in Tempe at your side, you can navigate any same-sex divorce challenges that come your way.

At Blanchette Law PLLC, we can offer insights into the same-sex divorce issues to consider. For more information, get in touch with our Tempe divorce attorney. In the meantime, take a look at our answers to some of the most common issues that come up in same-sex divorce.

unique issues same sex divorce

What are the unique issues relating to child custody in same-sex divorce cases in Arizona?

Legal issues can come up if a same-sex couple has a child born through surrogacy. Who will have custody, as well as the type of custody depends on the terms of the surrogacy agreement, the type of surrogacy, and other factors.

A divorce lawyer in Tempe can review the terms of the divorce in which surrogacy and help their client argue their case for custody accordingly.

Co-parenting

Co-parenting can be a consideration in a same-sex divorce case. If two parents are sharing custody of a child, each must be able to co-parent with the other to accommodate the child’s best interests. If a parent is unwilling or unable to co-parent effectively, the court may award the other parent full or primary custody.

Adoption

Adoption can be a factor in a same-sex divorce case, too. If a couple adopts a child but divorces, a court may be required to determine if one parent is granted full or primary custody. The court will consider a wide range of evidence to determine an appropriate custody agreement.

How does the length of a same-sex marriage affect a divorce case in Arizona?

It can be confusing to determine the length of a same-sex marriage due in part to statutes that vary from state to state.

For example, a same-sex couple may enter into a partnership or civil union in one state, become domestic partners in another state, and get married in a third state. In this scenario, it is nearly impossible to determine exactly when the couple’s marriage was considered legal.

With help from a Tempe divorce lawyer, you can get insights into when your same-sex marriage was legally enacted. Your attorney reviews all of the information surrounding your marriage. Next, your lawyer can help you figure out when your marriage became legal in Arizona.

What steps must I follow to file for a same-sex divorce?

It is in your best interests to seek out a Tempe divorce attorney. This enables you to work with an attorney to move through the divorce proceedings. Your lawyer will ensure that your request for a same-sex divorce is filed properly and aligns with your best interests.

File a petition

Initially, you will need to file a petition to dissolve your marriage. After you file the petition, your spouse has an opportunity to respond to it. Depending on the issues at hand, you may be able to move forward with an uncontested or contested divorce.

Agree to full terms or go to trial

If your divorce is uncontested, you and your spouse agree to the terms and can finalize your pact. Comparatively, in a contested divorce, various issues must be settled before the agreement can be finalized. Each party must agree to the full terms, and if they cannot, a trial may be required to finalize a divorce agreement.

How can I proceed with a same-sex divorce in Arizona?

Adriana Blanchette of Blanchette Law PLLC can help you initiate the same-sex divorce process in Arizona. To learn more, please call us today at (602) 881-1748.

How long does it take to get a divorce in Arizona?

Blanchette Law on August 7, 2023

In many instances, it takes about three to four months to finalize a divorce in Tempe, Arizona. However, in a contested divorce, the process can take years. This is due to the fact that various financial issues may need to be resolved.

Keep reading to learn how certain factors and situations can extend or reduce the divorce process.

how long does it take to get a divorce in arizona

How long does a divorce take in Arizona?

Every divorce is different, and the answer depends on whether a divorce is contested or uncontested. The length of time tends to be longer if multiple issues are contested during the divorce proceedings.

In a contested divorce, neither party can agree to terms. Comparatively, in an uncontested divorce, both parties are in complete agreement. Thus, a contested divorce requires additional time to resolve all of the issues at hand in contrast to an uncontested one.

At Blanchette Law PLLC, we help people as they move through the divorce process. Reach out to our Tempe divorce lawyer. At this point, our attorney can get details about your case and help you navigate the divorce process.

What is the shortest possible amount of time to complete a divorce in Arizona?

The shortest possible amount of time to finalize a divorce in Arizona is 61 days. This involves an uncontested divorce. If neither party has any issues to resolve, the divorce can move forward without delay.

Typically, an uncontested or contested divorce in Arizona takes 90 to 120 days to resolve. Both parties must submit the appropriate paperwork to finalize their divorce. Meanwhile, both parties must resolve any issues between them before a divorce can be completed.

Lengthy divorce proceedings last anywhere from several months to several years. These proceedings may require frequent negotiations between the parties. If either party is unwilling to compromise, the divorce proceedings can linger.

What are common disputes that can slow down the divorce process in Arizona?

Child custody, child support, and asset distribution are three of the most common issues in a contested divorce in Arizona. These issues can make divorce proceedings contentious. They can require the court to get involved to review all of the facts surrounding divorce to determine what is in the best interests of the parties involved in it.

Mediation can help

Mediation may be an option for resolving a contested divorce. In a mediation session, the parties meet with an independent third party in the hopes of settling any disputes between them. The mediator considers the sides of both parties and offers insights on how to resolve their disputes.
If mediation is unsuccessful, a court may be required to settle a divorce case. Each party can hire a divorce attorney to represent them. They can go to court, share their side of the story, and get a decision from the court that finalizes their divorce.

If you’re going through or considering divorce, it’s a good idea to speak with certified mediator Adriana Blanchette. She can help you reach an agreement through respectful, open dialogue.

What are the steps that need to be completed for a divorce in Arizona?

To begin the divorce process, you will need to file a dissolution petition to tell the court that you are seeking a divorce. This petition is sent to your spouse. Once your spouse receives your petition, they have 20 days to file a response if they are still living in Arizona or 30 days if they are living out of state.

If a divorce involves children or one spouse is dealing with financial hardships, a judge may establish temporary orders. Or, a couple may establish these orders on their own. The orders enable the parties to set temporary parameters until the divorce is finalized in court.

For divorces that are uncontested, each party will be able to finalize their divorce agreement in the months to come. In a contested divorce, a trial may be required to complete the divorce. In either scenario, it is paramount to hire a divorce attorney.

Where can I find a divorce attorney in Tempe?

Blanchette Law PLLC can connect you with a Tempe divorce attorney right away. To get started, please contact us at (602) 881-1748.

Is my spouse entitled to half of my retirement in the divorce?

httpwwwblanstg on August 4, 2023

Asset division is a major component of the divorce process, with retirement assets often at the center of negotiations. This leads many people to wonder whether their spouse is entitled to a portion of their retirement funds.

The answer largely depends on the state you live in and when you acquired your retirement funds. If you live in Arizona, there’s a strong chance that your spouse will be entitled to some of your retirement in the divorce. 

is spouse entitled to retirement in divorce

How Arizona’s community property law affects retirement division

Arizona is a community property state. This means that any assets acquired during the marriage are equally owned by both spouses, even if only one spouse’s name is on the title or account.

Under Arizona’s community property laws, any retirement funds accumulated during a marriage are considered marital property and subject to 50/50 division in a divorce. This includes 401(k)s, IRAs, pensions, and other retirement plans.

Alternatively, if one spouse opens a retirement account before getting married, any funds — including company matching — that they add to the account before marriage are that spouse’s separate property.

Determining if your spouse is entitled to your retirement

Arizona’s community property laws dictate how to handle marital property and separate property, but these guidelines are irrelevant if your spouse’s name is on the retirement account. If that’s the case, your spouse is entitled to half of your retirement funds regardless of when they were acquired.

If your spouse’s name isn’t listed on the retirement account, then it’s important to determine when you acquired the funds. If it was all accumulated during the marriage, 100% of the funds are marital property and your spouse will most likely be entitled to half.

Things become a bit more complicated if you acquired some of your retirement funds before the marriage. In this case, you’ll need to calculate how much of the retirement funds are separate property and how much are marital property. 

The portion that’s considered marital property will be further split 50/50, while the separate property portion will remain entirely with you.

Ways to protect your retirement assets

You worked hard to build your retirement fund and the last thing you want is to lose half of it in the divorce process. Fortunately, there are a few possible strategies you can pursue to protect your retirement assets.

Signing a prenuptial agreement

A prenuptial agreement (informally known as a “prenup”) is a contract signed by both partners before marriage outlining each party’s rights in the event of a divorce.  If you have a prenup in place, its terms will override Arizona’s community property laws.

A common clause included in prenups is a waiver stating that each spouse waives their right to any retirement funds acquired by the other during the marriage.

This asset protection option is only available if you aren’t yet married, but it’s the most certain way to keep your retirement funds safe.

Negotiating an alternative asset division agreement

If there’s no prenuptial agreement, the next best option is to negotiate an out-of-court agreement with your spouse. Like a prenup, this agreement takes precedence over Arizona’s community property laws as long as both parties agree to its terms.

This option requires some creative give-and-take between both parties. For example, you could offer to keep the majority of the retirement funds in exchange for giving your spouse a larger share of other marital property. 

The amount of negotiation that’s possible depends on a variety of factors, including both parties’ willingness to compromise and the overall value of marital assets.

An attorney can further assist you

Whether you’re considering a prenup, entering negotiations with your spouse, or just want more information about how your retirement may be divided, the guidance of a divorce lawyer in Tempe can be invaluable.

The outcome of your divorce settlement will affect your financial security for years to come. A lawyer can ensure that you make informed decisions along the way. Start protecting your future today by contacting Blanchette Law PLLC at (602) 881-1748.

What happens to the family pet in a divorce or separation?

httpwwwblanstg on March 10, 2023

A divorce is the unraveling of a shared life — a life that may have involved a beloved family pet. Many people view their pets as members of their family, and those going through a divorce or separation may have to make heartbreaking decisions about who will be the pet’s primary caretaker.

If you’re getting divorced in Arizona and are concerned about your pet, you need the guidance of a compassionate divorce lawyer in Tempe. Adriana Blanchette, founder of Blanchette Law PLLC, can provide you with the guidance and support you need to make the decision that’s best for you, your children, and your pet. Call (602) 881-1748 to schedule your consultation today.

divorce or separation what happens to the family pet

How Arizona courts view pets in divorce cases

Under Arizona law, pets are treated as personal property rather than family members. As a result, if the parties fail to reach an agreement, the court may include the pet in the division of property. The court doesn’t have the jurisdiction to order shared custody arrangements, so the property division order might not be what you want or what you feel is best for your pet.

“Community property” includes all property that was acquired during the marriage. These assets are split equally between both parties in divorce proceedings, while separate property (any property acquired before the marriage) remains with the original owner.

In most cases, the court will look at when the pet was brought into the family to determine whether it’s community or separate property. If the pet came into the family after the couple got married, it’s likely community property. On the other hand, if the pet was purchased or adopted before the marriage began, the court may consider it separate property.

One might be able to make the argument that they are also an owner because they are listed on paperwork at the vet or doggy daycare, however, that outcome isn’t guaranteed. The court might not be convinced that a transmutation occurred and could label the pet as the separate property of the party named on the paperwork.

Including the pet in a settlement agreement

Working out an agreement with your former partner outside of court proceedings is always preferable to involving the legal system. If you can both communicate calmly and openly, you may be able to come up with a mutually beneficial solution for the pet using a settlement agreement. This is a document that both parties collaboratively draft and sign to avoid letting the court decide on the terms of the divorce, which may include what happens to the family pet.

This option gives you more flexibility than leaving the decision up to a judge. While the court may only award the pet to one of you, you can use the settlement agreement to compromise on visitation rights or outline a shared “custody” agreement. This can be particularly beneficial if you’re both very attached to the pet and want to keep your beloved companion involved in both of your lives.

Including the pet in a settlement agreement may also be the best way to keep the pet’s best interests in mind. Many animals experience significant distress when their environment changes, but they may also suffer if they’re forced to say goodbye to one of their caretakers.

On the other hand, one party may be better equipped to provide for the pet based on work schedules or living arrangements. A thoughtful settlement agreement can be the best way to consider these factors and honor the needs of all parties involved — humans and animals alike.

A divorce lawyer can help you weigh your options

Despite what the law says, pets aren’t just property. They’re family members that bring joy and comfort to their human companions, and they deserve special consideration in divorce proceedings.

If your divorce involves a family pet, a compassionate divorce lawyer in Tempe can help you explore the possible arrangements that may work best for your family’s situation. Call Blanchette Law PLLC at (602) 881-1748 to schedule a consultation and begin taking steps to protect your relationship with your pet.

What happens to frozen embryos in a divorce?

httpwwwblanstg on March 10, 2023

Divorce is complicated enough for most couples, but those who’ve chosen to freeze embryos for later use have an additional layer of issues to address — especially here in Arizona. If you currently have frozen embryos with your soon-to-be ex-spouse, it’s important to understand your legal rights, responsibilities, and options. 

Continue reading to learn what happens to frozen embryos in a divorce, then contact Blanchette Law PLLC at (602) 881-1748 for personalized guidance from a trusted divorce lawyer in Tempe.

what happens to frozen embryos in a divorce

What are frozen embryos?

LGBTQ couples and couples struggling with fertility challenges often pursue IVF (in vitro fertilization) in the hope to become parents.

In many cases, excess embryos are created during the IVF process. Couples often choose to save these embryos in case their current IVF cycle fails, or if they plan to have more children in the future.

Sometimes embryos are created and stored even if they aren’t going to be used until much later. The embryos can be frozen and stored in a fertility center for up to 10 years — or even longer in some instances.

The issue of frozen embryos and divorce

Unfortunately, a marriage may end before a couple has a chance to use their frozen embryos. When this happens, the decision of what to do with them may become a source of conflict.

The situation becomes particularly dicey when one spouse feels that the embryos are their only chance at having genetic children, while the other isn’t comfortable with the idea of becoming a genetic parent to their ex-spouse’s child. In other circumstances, neither spouse may want to use the embryos for a future pregnancy but can’t agree on what to do with them.

In an attempt to prevent this issue beforehand, most IVF clinics require couples to sign a contract specifying how they’d like the embryos to be used in the event of a divorce. The options may include:

  • Naming one spouse to gain ownership of the embryos and pursue implantation
  • Donating the embryos to another couple or individual in need of fertility treatments
  • Donating the embryos to a research facility
  • Destroying the embryos

While referring to this contract can be a great starting point for resolving the issue, the parties still might not be in agreement. Arizona has a unique law that may favor the wishes of one spouse over the other

— regardless of what the contract states.

How Arizona law approaches frozen embryos in divorce cases

In 2018, Arizona broke new ground by passing Senate Bill 1393. This first-of-its-kind state law allows frozen embryos to be awarded to the party who intends to use them to create a child when the parties can’t agree on how to use them.

Furthermore, this law states that if both parties wish to use the embryos for a future pregnancy, the court may choose the option that will give the embryos the best chance of success. In either case, any existing contracts between the parties will be overruled should it come to this.

While Senate Bill 1393 may require a nonconsenting party to become a genetic parent to the resulting child, it doesn’t require them to be a legal parent. This means they may not have any rights or obligations to the child, including child support payments and child custody.

Before this law was passed, judges usually referred to the decision the couple made in the original IVF contract. If the contract didn’t contain a divorce clause, or if the parties couldn’t agree on its interpretation, it was left to the judge’s discretion to decide what would happen to the embryos. Most would favor the party who didn’t want to use the embryos.

Seek advice from a family law attorney

Arizona’s unusual frozen embryo law might leave room for added stress and contention in a divorce. If you’re going through a divorce in Arizona and you and your spouse have frozen embryos, a knowledgeable divorce lawyer in Tempe can thoroughly assess your situation and help you make an informed decision about your options. 

Call Blanchette Law PLLC at (602) 881-1748 to learn more and discuss your case.

Can you serve as a mediator in my divorce?

Blanchette Law on December 6, 2022

If Adriana didn’t previously serve as the attorney for either you or your spouse, and neither of you consulted with her, then yes, she can serve as a mediator for your divorce. However, mediation isn’t the right path for every divorce.

a mediator for divorce

If you’re going through a divorce and you want to take a healthier, more peaceful path, or if you’ve tried mediation but you want to try a collaborative divorce, or if a contested divorce seems like your only option, schedule a consultation with Tempe divorce lawyer Adriana Blanchette by calling (602) 881-1748.

In the meantime, continue reading to learn more about mediation and if your divorce is a good candidate for mediation.

What is mediation?

Mediation is a voluntary negotiation process where a neutral person, a mediator, tries to help two people reach an agreement to resolve all or some aspects of their divorce. The following people are involved or can be involved in divorce mediation:

  • The mediator
  • Both spouses
  • An attorney for each spouse, if they choose to have independent legal representation
  • Financial planner
  • Child custody specialist or therapist.

Anything that can be ordered by a judge in court can be part of an agreement reached in mediation, including:

  • Property division
  • Child custody and visitation
  • Child support
  • Spousal maintenance
  • Payment of attorney’s fees
  • Use of or access to property pending the completion of the proceedings.

The mediator and their role

In family law mediation, the mediator is often an experienced family law attorney who’s completed additional training such as in dispute resolution, or they could be a retired judge. Because the mediator is a neutral person, they cannot give legal advice to either party.

Unlike a judge or arbitrator, mediators can’t make decisions or issue binding orders, nor can they force the parties to reach an agreement. Their role is simply to present each party’s position to the other and to help guide them toward a peaceful, middle-ground resolution that they’ll both sign.

Mediation is confidential

Unlike the court process, mediation is entirely confidential, and nothing said or offered during or in contemplation of mediation can be used against you or be told to the judge. If mediation wasn’t confidential, no one would be inclined to make good faith or reasonable settlement offers, and they wouldn’t have any reason to compromise in order to reach a settlement.

Cases that are ripe for mediation

Although mediation can be used for all types of family law cases, even divorces involving child custody disputes, support, and significant assets, not all of them are good candidates for mediation. If you and your spouse communicate well, can generally work together toward resolution on most issues, and if you’ve already reached an agreement on some aspects of your divorce, you’re likely a good candidate for mediation. 

Ready to move forward with your divorce? Call Blanchette Law PLLC

Going through a divorce, even one without children or substantial assets, can be complex and emotionally challenging, but you don’t have to go through it alone and with questions. Certified mediator and experienced Tempe divorce attorney Adriana Blanchette and her team provide the compassionate and knowledgeable representation you deserve.

Call Blanchette Law PLLC at (602) 881-1748 today to schedule your consultation to learn more about divorce in Arizona, mediation, or collaborative divorce to find out which type of representation is best for you.

What should I do after my divorce is finalized?

Blanchette Law on December 6, 2022

You’re finally at the finish line – your divorce is almost finalized, but you might be asking yourself: now what? If you believe that there’s going to be some work still to do after the divorce decree is received, you’re correct. Here’s a quick checklist to run through to ensure you’ve done everything you need to do following your divorce.

divorce finalized

If you’re getting or are contemplating a divorce in Arizona, contact Tempe divorce lawyer Adriana Blanchette at Blanchette Law PLLC today. Adriana has years of experience as an attorney and a family law mediator, and as a mother, she understands the emotional turmoil (and freedom) that divorce can cause. To schedule your consultation, call (602) 881-1748.

Complete all terms contained in your divorce decree

Obtain a copy of your final divorce decree and do all things required of you in the decree, including in the property division section, or ensuring that your co-parent has been added to your children’s emergency contact information if they weren’t already listed or if you were ordered to add them. 

The property division aspects of your final judgment might require you to:

  • Refinance a home or loan into your sole name to remove your former spouse from that obligation
  • Remove your former spouse from your banking, investment, retirement, or credit card accounts
  • Close jointly-held accounts
  • Conduct the division of the marital estate as outlined in your agreement or decree
  • Issue an equalizing payment to your spouse in order to complete the equitable division of the marital estate
  • Sign the title to any vehicles or property that were awarded to your former spouse or ensure they sign any that were awarded to you
  • If the division of any retirement accounts needs to occur through a specific instrument, such as through a Qualified Domestic Relations Order (QDRO), ensure that those are completed and filed
  • If not prohibited by your decree, remove your former spouse from all insurance policies.

If, as part of your divorce, you opted to revert to your maiden name, ensure that you update your:

  • Social security card
  • Driver’s license or ID card
  • Car title and registration
  • Bank accounts
  • Passport
  • Insurance policies

Other important tasks and documentation

Although they aren’t part of the divorce, there are several other pieces of information you’ll want to change or update following your divorce. Although your attorney can discuss a list that’s more tailored to your specific situation, generally, the following should be done after a divorce:

  • Ensure your mailing address is correct for all accounts and for all important documents, including setting up mail forwarding if necessary
  • Change all passwords, security questions, and recovery emails/phone numbers for the electronic access to all accounts including financial accounts, email accounts, social media, cloud storage drives, iCloud, etc., and ensure that all other devices that were previously connected to those accounts are disconnected or removed from access.
  • If it’s not prohibited by your judgment, update the beneficiaries on all retirement accounts, life insurance policies, and other accounts
  • Update your tax withholdings through your employer
  • Create a new estate plan

Need help finalizing your divorce? Call Blanchette Law PLLC

If you feel that your divorce has stalled or if you’re just starting and you don’t know where to start or what to do, don’t hesitate to contact Tempe divorce lawyer Adriana Blanchette. The longer you wait, the more daunting your divorce will seem. Call (602) 881-1748 today to schedule your consultation.

What do I do if my spouse refuses to negotiate divorce?

Blanchette Law on December 6, 2022

When discussing divorce with your spouse, promises might be made to negotiate all terms and to reach an agreement together. However, when it’s time to put that into action, your spouse might suddenly be uncooperative or they might outright refuse to engage in the process.

This can be incredibly frustrating, but thankfully there are ways to deal with the stalled divorce and methods to move the process forward, even without your spouse’s cooperation.

If you’re getting a divorce but don’t know your options or what’s required to put the process in motion, contact Tempe divorce lawyer and mediator Adriana Blanchette of Blanchette Law PLLC. To schedule your consultation, call (602) 881-1748.

Have empathy – Consider why they’re being uncooperative

Although you might be emotionally ready for your divorce and the next chapter of your life, even if you haven’t been considering it for long or if your spouse initiated the process, it’s still a difficult and emotional process. spouse refuses to negotiate divorce Your spouse might not be intentionally uncooperative, but they might feel lost and are afraid of starting over alone. They might be worried about the financial impact and strain of the divorce, they could be worried about how your children will handle it, if they’ll be judged by their friends and family, or they simply don’t know how to process their emotions.   Try to remain calm when speaking to them about the divorce and your desire to move forward with the process and be empathetic toward their feelings. It might be helpful to kindly direct them to people or resources who can help them work through and process their emotions in a healthy manner such as a therapist, a member of their church, a support group, or a trusted friend or family member. Your sympathy and support might help them muster the courage to take the next steps in the divorce.

Remember your goals

It’s easy to be sidetracked by your spouse’s refusal to respond or cooperate with the divorce, so you might need to remind yourself of your goals. These will be specific to your situation and your divorce, but they could include:
  • Maintaining civility between you and your spouse
  • Reaching an agreement outside the courtroom
  • Ensuring your children know both parents love them and the divorce won’t change that
Your attorney can also help you develop goals and strategies to entice your spouse into cooperating with the divorce, and if they won’t, they’ll help you move your divorce forward.

Contested divorce is still an option

Even if you set out on the hopeful path of mediation or a collaborative divorce, those simply aren’t viable options in every situation. If you can’t negotiate an agreement or if your spouse isn’t responding or cooperating with the process, you can still pursue the divorce through the contested divorce process.  If you need to proceed with a contested divorce, your attorney will help you file motions and present evidence to the judge so that they can issue orders, eventually issuing permanent orders and your divorce decree. A judge can rule on all issues of your divorce, including:
  • Property division
  • Child custody and visitation
  • Child support
  • Spousal maintenance
  • Payment of attorney’s fees
  • Use of or access to property pending the completion of the proceedings
You might feel hopeless and like you’re stuck in a standstill divorce, but with Tempe divorce lawyer Adriana Blanchette on your side, you can ensure that your divorce will progress as needed, even with a little bit of involvement. To learn more about your options and to schedule a consultation, call Blanchette Law PLLC at (602) 881-1748.

What’s the difference between mediation and collaborative divorce?

Blanchette Law on December 6, 2022

Both mediation and collaborative divorce can be extremely beneficial and cost-saving tactics in a divorce. However, the processes are handled differently depending on who’s involved and the role of each individual.

difference between mediation and divorce

Adriana Blanchette is a certified mediator in the State of Arizona. If you’re interested in Adriana’s mediation services or if you want her to represent you in your collaborative divorce, call (602) 881-1748 to schedule your consultation today.

Mediation

Mediation relies on a neutral third party who works to help spouses reach an agreement on some or all of the issues they’re facing. Mediators are expert problem-solvers and can clear up issues while maintaining mutual respect and dignity. However, there’s a very important caveat to mediation: A mediator cannot offer legal advice to either party.

They do not make decisions or force the spouses into an agreement. In family law mediation, the mediator is often an experienced family law attorney who’s completed additional training such as in dispute resolution, or they might be a retired judge.

Each spouse can choose to represent themselves or retain their own attorney, who will guide and advise them, review offers, and help craft counteroffers. The parties can choose whether or not they want their attorney present during mediation or if they’ll simply consult behind the scenes. 

Collaborative Divorce

In a collaborative divorce, Ms. Blanchette represents one party and provides them with legal advice throughout the process.

Before engaging in the collaborative divorce process, each party must sign a contract or agreement which outlines their commitment to proceed with the divorce outside of court. The agreement will also outline what will happen if spouses are unable to reach an agreement, making it necessary to bring the issues in front of a judge.

Ms. Blanchette will work cooperatively with the other party in an attempt to reach a resolution on all or some of the issues of the divorce without putting the matter before the court to decide. 

When Ms. Blanchette represents one party, she will not give legal advice to the other party because she has a duty to her client and isn’t acting as a neutral mediator.

Which is faster?

Like the answer to most legal questions, the answer here is: it depends. There’s no definitive duration or time to completion for either mediation or a collaborative divorce because it depends on the number of issues in dispute and how cooperative the parties are with each other. 

Generally, both can be completed fairly quickly if it’s a simple divorce, like one without children, or if there are few issues in dispute because the parties work well together. However, typically a collaborative divorce takes slightly longer than mediation because in addition to having a sit-down meeting, your attorney will exchange disclosures, communication, and offers with the other party or their attorney, and they might not receive prompt or immediate responses.  

Is mediation cheaper than a collaborative divorce?

The cost of collaborative divorce or mediation also depends on the disputed issues, the relationship between the spouses, the number of professionals involved, and the extent to which they’re involved.

For example, in a mediation where both parties have an attorney and they’re sharing the costs of mediation, if they attend a four-hour mediation, they’ll both be paying for two hours of the mediator’s time plus four hours of their attorney’s time. If they simply consult with their attorney outside of mediation to review disclosures or offers following the four-hour mediation, they’ll still pay for two hours of the mediator’s time and the amount of time they discuss things with their attorney. 

In a collaborative divorce, you aren’t paying mediator fees in addition to your attorney’s fees, however, there could be more back-and-forth between your attorney and your spouse or their attorney, which could ultimately cost the same as mediation but it might take longer.

Do you want an easier divorce? Blanchette Law PLLC can help.

Adriana Blanchette and her team at Blanchette Law PLLC are experienced in both mediated and collaborative divorces, all with a focus on healthy communication and assisting the parties in reaching an agreement that’s best for them and their families. 

To schedule your consultation with Ms. Blanchette, call (602) 881-1748 today.