Testimonials

I truly can say that when recommending mediators to my clients and other attorneys, Oliver Ross is at the top of my list. It is rare to have clients call later and thank me for a referral but this is exactly what happens when I send people his way.

Gary Frank, Attorney

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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 -- avoiding the hostility and expense likely with two adversarial lawyers.

Frequently Asked Questions About Legal Separation


How does legal separation differ from divorce?

Legal separation ends community property rights and obligations but preserves the marital relationship. For example, when legally separated, each spouse’s income is his or her sole and separate property, and one spouse can no longer obligate the other for any debt he or she incurs. Divorce, on the other hand, ends the marital relationship as well as community property rights and obligations.

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How does the mediation of a legal separation work?

Mediation of legal separation occurs in the same way and typically involves the same issues as divorce mediation. Couples work together with a professional mediator to reach agreements concerning division of assets (such as real estate, investment accounts, and retirement benefits), allocation of debts, child and/or spousal support, and parenting arrangements for minor children.

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What does the mediator do?

Mediators have different backgrounds and experience. Each mediator at Out-of-Court Solutions is experienced in law, psychology, and business, and makes sure that divorcing couples fully understand all of the legal, financial, parenting, and other issues involved in their situation. Our mediators also help couples effectively communicate and negotiate, explore alternative ways of resolving disagreements, and deal with the anger, sadness and other emotions common to separation and divorce. After the couple has decided everything, our mediators prepare a comprehensive and legally binding settlement agreement.

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How does mediation differ from court-based divorce?

In mediation, separating couples do not surrender control to attorneys or a judge. Our mediators provide the legal, financial, parenting, and other information needed to make fully informed decisions – and the separating couple decides what is best for them based on their particular relationship, needs, and standards. Mediation takes place in a safe, collaborative environment, and is significantly less stressful than adversarial, win-lose, court-based proceedings.

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How much does mediation cost?

Mediation is inexpensive compared to using two separate attorneys. With initial lawyer retainers ranging from $3,000 to $7,500 or more for each party, as a couple you will pay lawyers $6,000 to $15,000 or more -- just to get started! With Out-of-Court Solutions you pay as you go, avoid costly legal tactics and proceedings, and save thousands of dollars.

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How does mediation benefit children?

With their education and experience in counseling psychology, as well as law, our mediators are dedicated to helping parents focus on the best interests of their children. Mediation through Out-of-Court Solutions reduces parental anger, increases parental communication, and produces durable parenting arrangements.

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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 be inappropriate.

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What if we already agree on lots of issues?

These agreements often serve as a foundation for resolution of other issues and overall agreement, expediting the mediation, further reducing the cost.

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What are the chances for success?

We are very proud of our success rate: over 95% of the couples who mediate with Out-of-Court Solutions reach full agreement; the few that do not are protected because under Arizona law anything said or prepared for mediation is strictly confidential and barred from use in court.

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How do I get other questions answered?

Arrange for a complimentary consultation by calling Out-of-Court Solutions at
(602) 404-1500 | (520) 792-1682 or click here to contact us by email.

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