Some states require that the parties attempt to settle their divorce case through mediation prior to bringing the action to court. Unfortunately, Arizona does not require working toward settlement before coming to court, and often, there are thousands of cases filed with the courts that backlog the system and ultimately delay the process significantly.
However, just because it is not required does not mean that it is unimportant. Engaging in settlement may be one of the most important parts of your divorce. Crafting an out-of-court agreement allows spouses to address critical issues like property division, spousal maintenance, and legal decision-making on their own terms rather than relying on a stranger in a robe.
Here are the top five reasons why working toward a settlement is crucial for your divorce case:
1. You Control the Outcome of Your Case
When you engage in settlement with your ex, you are able to control what is important to you and what may end up in your final divorce decree.
In a courtroom setting, a judge has the final say over how your marital estate is divided and how parenting time is structured. During settlement negotiations, you retain direct decision-making power. Keep in mind that there will be a little give and take on certain issues, but ultimately, the decree will be your decision.
2. You Can Save Thousands of Dollars
Divorce is expensive, VERY expensive, especially when you hire an attorney. Divorces can range from the low thousands to above $100,000 depending on the complexity of the issues in your case.
The most expensive part of your case is almost always going to trial. Trials require hours of preparation, document collection, witness depositions, and trial brief drafting, in addition to the court time itself, which can last up to three days long. Reaching a settlement agreement early in the process cuts down on legal fees and keeps more money in your pocket.
3. Divorces Can Take a Very Long Time
If you plan on going to trial, do not expect your divorce to be completed within two months. This almost NEVER happens.
The courts are so crowded right now that a trial may not be scheduled for several months out. Additionally, the court may require you to take several pre-trial steps, attend status conferences, and participate in alternative dispute resolution before they even consider setting a trial date. You could easily be looking at a year or even longer to finalize your case if you rely on a trial. Settling allows both parties to resolve their issues and move forward with their lives much faster.
4. You and Your Spouse May Not Be Happy with a Judge's Ruling
If you go to trial, you are presenting your life and finances to a judge who has met you maybe two or three times before. You will have a limited amount of time to present your arguments, and you may not be able to introduce all of the evidence you wish to share.
In the end, the judge may make a ruling that neither you nor your spouse are happy with. Unfavorable rulings are extremely common when it comes to spousal maintenance awards and complex property division. When you settle out of court, you eliminate the gamble of trial and know the exact outcome of your agreement.
5. Hostility Will Be Reduced Between You and Your Spouse
Divorces can bring out the worst in both parties. If you go to trial, taking adversarial positions in court makes it even more likely that you and your spouse will feel spiteful toward each other.
If you have children with your spouse, keeping hostility limited will be extremely beneficial for their emotional health. Settling sets a positive example for your children by showing that you and their other parent can still communicate and work together. Minimizing conflict makes co-parenting smoother and far less stressful for everyone involved after the divorce is final.
5. Hostility Will Be Reduced Between You and Your Spouse
Divorces can bring out the worst in both parties. If you go to trial, taking adversarial positions in court makes it even more likely that you and your spouse will feel spiteful toward each other.
If you have children with your spouse, keeping hostility limited will be extremely beneficial for their emotional health. Settling sets a positive example for your children by showing that you and their other parent can still communicate and work together. Minimizing conflict makes co-parenting smoother and far less stressful for everyone involved after the divorce is final.
Strategic Pathways for Reaching a Divorce Settlement in Arizona
Settling a divorce does not require you and your spouse to agree on every single issue immediately. Depending on your level of communication, several structured pathways exist to help both parties move past roadblocks:
- Informal Negotiation: Spouses and their respective family law attorneys negotiate terms directly through proposals, counter-offers, and written drafts.
- Private Mediation: A neutral third-party mediator helps facilitate productive dialogue, frame compromises, and guide both sides toward a mutually acceptable marital settlement agreement.
- Settlement Conferences: Parties meet either informally or during a court-ordered Alternative Dispute Resolution (ADR) conference to evaluate claims with guidance from legal counsel or a settlement officer.
Key Steps to Prepare for Successful Settlement Negotiations
Reaching a fair settlement requires careful preparation and clear boundaries. Taking organized, practical steps early in the process ensures you enter negotiations from a position of strength:
- Complete Full Financial Disclosure: Gather bank records, tax returns, retirement statements, and property valuations to ensure transparent discussions.
- Prioritize Your Goals: Define your ideal settlement range for each issue, distinguishing between “must-haves” and areas where you are willing to compromise.
- Filter Your Communication: Focus on clear, objective proposals and avoid aggressive tone or past personal grievances that can derail progress.
Protect Your Future by Partnering with an Experienced Divorce Attorney
While settling out of court offers immense benefits, reaching a fair agreement requires strategy, preparation, and clear legal insight. Navigating complex financial disclosures, property valuation, and parenting arrangements can be challenging when emotions run high. Working with a skilled family law attorney ensures your rights are protected throughout negotiations and that any settlement agreement you sign is legally sound, enforceable, and tailored to your long-term goals.
At Modern Law, our compassionate legal team helps clients navigate every phase of the divorce process. We focus on building effective settlement strategies that minimize conflict and protect your financial future, while remaining fully prepared to advocate for you in court if necessary.
Take control of your divorce today. Contact Modern Law online or call our legal team at (480) 602-6309to schedule your initial consultation.
Frequently Asked Questions
A divorce that goes to trial often takes a year or longer due to crowded court calendars and required pre-trial steps. In contrast, settling out of court can resolve your case in a fraction of the time, allowing both parties to move forward sooner.
If you and your spouse agree on certain issues—such as property division—but disagree on others, like spousal support, you can settle the agreed-upon items. You will then only go to trial on the remaining unresolved issues, which still saves time and reduces legal costs.
