There are many terms used in Divorce and now more widely Dissolution of Marriage. Language makes a difference. The trend is toward words that are less divisive.  We stopped using custody years ago and used parenting time for physical custody and legal decision making for legal custody.  The Arizona statutes §25-401 states: “Legal decision-making” means the legal right and responsibility to make all non-emergency legal decisions for a child including those regarding education, health care, religious training and personal care decisions.  For the purposes of interpreting or applyi ..read more

Advertising slogans may have a message for divorce cases. For example the 1960’s radio commercial for Dennison Clothes is “Money talks, nobody walks”  In divorce cases money usually encourages a person to agree to terms.  Following are more slogans that could apply to divorce and mediation. Crazy Eddies: “His prices are insane.” Avis “We try harder.” Nike: “Just Do It.” Apple: “Think Different.”Google: “Don’t Be Evil.” Volkswagen: “Think Small.” L’Oréal: “Because You’re Worth It.” Mastercard: “There are some things money can’t buy.” Ford: “Go Further.” IBM: “Think.” Chevrolet: “Find ..read more

I love using Google Maps for Navigation in my car and on my iPhone.  I like making as few turns as possible when I am driving.  Google Maps always has routes with lots of turns.  I always wondered why and was tempted to ask. I had an epiphany the other day while driving and think I know why the algorithm requires so many turns. The algorithm picks the first route that allows you to get you where you want to go. It does not pick the best route.  However, it does give you a choice of routes and things to avoid.  The first route that gets you where you want to go is not ..read more

During the Fifty-fifth Legislature, 2nd Regular Session, the Legislature amended A.R.S. § 25-319(B). The amendment asks the Supreme Court to establish guidelines for determining and awarding spousal maintenance.  On July 20, 2022, Chief Justice Robert Brutinel established the FCIC-Spousal Maintenance Guidelines Subcommittee (FCIC-SMGS) through Administrative Order 2022-83. The FCIC-SMGS was tasked to study and make recommendations for the guidelines. Additionally, the FCIC was tasked with submitting a final report to the Arizona Judicial Council at its  June 2023 meeting.  We wi ..read more

The New York Times had an article last year by Virginia Hughes entitled “Want to Change Minds?  Consider Talking it Out.”  You can read the article at https://www.nytimes.com/2022/09/16/science/group-consensus-persuasion-brain-alignment.html?smid=url-share.  Ms. Hughes discusses a study done by Dr. Beau Sievers of Dartmouth College to improve the understanding of how exactly a group of people achieves a consensus and how each person;s brain changes after such discussion The article went on to say:  “The experiment also underscored a dynamic familiar to anyone who has been ..read more

This is our 400th blog posting.  We started on August 5, 2009. As of January 1, 2023 Arizona has instituted a new way to get a divorce.  It is called a Summary Consent Decree. See A.R.S. 25-314-01.  Summary Consent Decree is a process that was designed for cases in which the parties have reached a full settlement before even filing anything with the court. It is an excellent procedure for divorcing couples who want things to be as quick, easy, and amicable as possible. The initial filing of the Petition serves as both the Petition and Response as well as a waiver of service of p ..read more

A recent article in Fortune at https://fortune.com/2022/09/29/how-much-does-divorce-cost-expenses-inflation/amp/  by Kaitlyn Koterbski discussed the high cost of divorce. She says that according to a survey by Bankrate the average cost of a divorce is $15,000.  She goes on to quote Sara Stolberg who says “with inflation restricting budgets and depleting saving accounts across the country, more couples are now choosing to settle outside of court through a mediator to save money.”  We have found that couples can save a considerable amount of money with better results by using medi ..read more

The abilene paradox was recently called to my attention. “In the Abilene paradox, a group of people collectively decide on a course of action that is counter to the preferences of many or all of the individuals in the group.It involves a common breakdown of group communication in which each member mistakenly believes that their own preferences are counter to the group’s and, therefore, does not raise objections, or even states support for an outcome they do not want. A common phrase relating to the Abilene paradox is a desire to not “rock the boat”.” https://en.wikipedia.org/wiki/Abilene_parad ..read more

SPOILER ALERT We have enjoyed watching The Split,  a British legal drama television series which follows the lives of the Defoe family, who all work in divorce law for the family firm. Hannah, the eldest sister, is married to Nathan. They have three children. They are both lawyers and are getting divorced. Nathan is planning to marry Kate.   In the finale of the final season Hannah visits Kate informing her that she is ready to accept her in their family. Hannah and Nathan decide to go through the divorce amiably, without the presence of lawyers, dividing the assets between the two ..read more

One of the many questions on our Mediation Personal Questionnaire is “Is your marriage a covenant marriage?”  We are usually asked what this means. A covenant marriage differs both in the steps necessary to get married and the reasons why a  divorce may be granted by the court.  In a covenant marriage, divorce is only granted for specific reasons listed in state law. It also requires the couple to participate in premarital counseling. If you had a covenant marriage you would have a statement agreeing to the covenant marriage on your marriage license. In all the years we have be ..read more