For Colorado Families, When is Mediation the Right Choice For A Divorcing Couple?
Although divorce might conjure up images of a dramatic trial in a courtroom in your mind, these TV show and movie depictions do not reflect the more common reality. Many divorce cases are settled without the need for a trial, and you have more than one option for handling your divorce in Colorado.
A common and popular way for spouses to handle their divorce is mediation.
During mediation, the spouses work with a mediator who tries to help them settle the divorce issues and come up with an agreement. The mediator must be neutral to avoid showing any favoritism or bias against either spouse, and they cannot offer legal advice. Both spouses can still retain their own attorney for this process to access legal guidance.
In Colorado, all couples who are divorcing must try mediation first before going to a trial. They can use a mediator from the state's Office of Dispute Resolution (ODR) or use a private mediator. Although private mediation is more expensive than ODR mediation, both options are usually less costly than a drawn-out court battle. Private mediation also allows for longer sessions than ODR, which may benefit a couple depending on their situation.
If you are planning on divorcing in Colorado, you may be wondering if mediation could work for you. Although there is no way to predict if mediation will work, there are some common situations in which mediation tends to be more successful.
You and Your Spouse Both Decide to Divorce
Not all divorces are highly contentious, despite what you may have seen on that courtroom drama you once watched. Sometimes, it is a mutual decision. If you and your spouse both decide the marriage is over, you can file together, or one of you can file with the other's knowledge. When you are on the same page together, it is usually easier to find resolutions for any of your unresolved issues in mediation.
You Don't Have A History of Domestic Violence in Your Marriage
Mediation involves multiple meetings with you, your spouse, the mediator, and your respective attorneys. Suppose there is a history of domestic violence in the marriage. In that case, a mediator will likely refuse to take your case. Colorado law allows spouses to be exempt from the mediation requirement in cases where domestic abuse has occurred in the marriage.
Mediation is questionable when there is a history of domestic violence because it may be tough to keep both spouses on track in that situation. The mediator may have difficulty when it comes to the settlement because the victim may be agreeing out of fear or due to intimidation from their abusive spouse.
You and Your Spouse Are Honest With Each Other About Finances
The financial aspect of divorce is often one of the most complex parts of the case. For a successful mediation, both spouses must be willing to provide the mediator and each other with sensitive financial information. This includes documentation relating to stocks, retirement accounts, pensions, assets, debts, and bank accounts. It's relatively common for one spouse to be more informed about assets and obligations than the other spouse. Suppose you don't have all of the financial information relating to the debts and assets owned by you and your spouse. In that case, you will want to do some investigating before you can agree to any potential property settlement. This is also an area where an experienced divorce attorney can provide some help.
You and Your Spouse Have the Same Custody Ideas
Child visitation and custody are some of the most complex aspects of a divorce. Parents are often able to put their differences aside for the sake of the children, but even parents with the best intentions can run into some snags they did not anticipate.
During mediation, you can work with your co-parent to determine who will care for the kids daily, pay child support, and what type of parenting time schedule you'll have. Although negotiating the custody terms with your spouse may seem harsh, it's the ideal way to go. You and your spouse know what's best for your kids. If you can't reach a decision with your spouse, the court will decide for you, and you may find yourselves less than satisfied with what the judge determines.