LEGAL GUIDANCE THE WAY YOU WANT IT
Could mediation allow for a faster and simpler Colorado divorce?
Getting divorced in Colorado can be a difficult process, especially when you and your spouse don’t agree on the terms of your divorce. For some couples, prenuptial agreements outline exactly how issues like asset division, spousal support and child visitation will get handled. The vast majority of couples do not have a prenuptial agreement on record, however, which means they must agree on terms or ask the courts to intervene.
The problem with having the courts handle your disagreements about issues like asset division and child custody is that neither you nor your spouse have any control over what the court decides. That can result in a situation where no one is happy with the final outcome. Thankfully, if you and your spouse disagree on key terms but hope to avoid the drama of a protracted court battle, you may have another option available.
Mediation lets you control the outcome of your divorce
When the courts step in to make critical decisions in your divorce, it can feel like you have no choice and no voice about what happens to your family and your finances. If you don’t agree about the conditions of your divorce, however, you and your spouse may feel like there isn’t another option for your family.Thankfully, that simply isn’t true. Families headed toward divorce in Colorado can turn to mediation, which is a popular form of alternative dispute resolution. Mediation allows both spouses to have a say in the outcome of the divorce and control the terms of the final divorce decree. For those who are still capable of working together and compromising, mediation offers a faster and often more affordable alternative to a court-based divorce.
Set the terms for your divorce and focus on a fresh start
A contentious divorce in the courts can leave you and your spouse with a lot of anger toward one another, as well as toward the outcome of your divorce. Mediation, on the other hand, can help you start to rebuild a workable relationship, which is critical if you have minor children you will co-parent after the divorce.
Ideally, mediation involves both spouses and their individual attorneys, as well as a neutral third party. Depending on your circumstances, you could all work together in one room to reach a solution or discuss issues in separate rooms while the mediator moves back and forth, negotiating. During mediation, you have the option of compromising on less important issues while pushing for your preferred outcome on the issues that matter most to you.
Additionally, unlike court proceedings which are public record, mediation is a confidential process, meaning your marital issues stay between you, your spouse, your attorneys and your mediator. That can protect you and your children from the potential fallout of angry testimony in a court divorce.