Arbitration Agreement For Divorce In Maricopa
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FAQ
Yes. Arbitration is less formal than litigation, and is often much cheaper. Furthermore, arbitration is aimed at reaching a compromise between parties, reaching a win-win situation, as opposed to litigation, which is aimed at one party winning over the other.
Arbitration does not require the use of court rules or procedures and is viewed as a simplified private court proceeding. Each side will present their case to the arbitrator who will then decide the issue. Once the matter is decided the case is over and in most cases the court will enforce the arbitrators decision.
In case of judicial settlement, the parties to the dispute are not in control of the process or decision of court or tribunal like arbitration so that the outcome is in uncertainty. It is a public process; that is why, everything is expressly declared. So, it is not confidential like arbitration.
Arbitration hearings are generally held in private which may be a positive to many. However, it is possible that this lack of transparency makes the process more likely to be biased, which may be problematic because arbitration decisions are also infrequently reviewed by the courts.
Practically speaking, the divorce process in Maricopa County, Arizona, will take at least three months in best-case scenarios. But, it can take up to a year or longer if there are complicating factors in your situation.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000.
In Arizona, a divorce is called a Dissolution of Marriage and requires a 60-day waiting period from the date of proceedings. The complexity and duration of the divorce process depend on factors such as marriage duration, presence of children, and property or debt division.
After agreeing, they can file a consent decree 60 days after the divorce petition is served. The court will typically schedule a hearing soon after, and if everything is in order, the divorce can be finalized quickly. In most cases, the process takes around 90 to 120 days from the initial filing.
The quickest way to get a divorce in Arizona is for the parties to first file for divorce in Arizona and agree on all of the terms of their divorce. You or your attorney will draft the proper settlement documents and submit those documents to the court.
If you do not initially agree on all of the issues but end up settling your divorce, an uncontested divorce in Arizona can take anywhere between 60-days to 120-days in Maricopa County. It all depends upon how willing both spouses are to reach a reasonable settlement.
