A divorce is an emotional and financial upheaval for spouses and their children, requiring the transformation of one household into two. Reaching fair divorce settlement terms allows spouses to obtain an uncontested divorce without requiring a judge to resolve disputes. Sometimes, negotiations between spouses with their attorneys are not enough. In these cases, spouses may wish to know what alternative dispute resolution methods are available in Colorado.
Under C.R.S. § 14-10-113 the law states: “The court … shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct in such proportions as the court deems just when considering all relevant factors…”
The court also requires spouses with children to create a workable schedule for sharing parenting time. Reaching an agreement that the court considers “just” sometimes requires alternative dispute resolution measures. Reach out to our experienced Denver divorce attorneys for a free case evaluation at (303) 451-0300.
Mediation Through a Neutral Professional
Spouses may retain separate property during a divorce, including anything they owned before their marriage, or received through inheritance or gift during the marriage.
Contrarily, all accounts, property, and assets acquired during the marriage are subject to division. Colorado’s divorce courts strive for a near 50/50 distribution of marital property, but don’t require a strict half-and-half division. Instead, the court requires property accumulated during the marriage to be divided between both spouses in a way that is fair and equitable.
The first method of dispute resolution in a Colorado divorce is negotiation meetings between both divorcing spouses and their Colorado divorce lawyers. When this isn’t sufficient to resolve disputes, spouses may attend one or more sessions with a professional mediator. The Denver mediator helps resolve disputes by suggesting creative solutions.
Often, judges in divorce courts will require spouses to attend mediation to attempt to resolve their disputes before taking the case to court for a contested divorce, which requires the court to decide.
A Settlement Conference
A settlement conference takes mediation a step further by involving a court official, often a retired or active judge, though not the one who will preside over the case should it go to court. At a settlement conference, the third party approaches the spouses’ disputed terms as would the court, helping the spouses to see their case as the court will view it. This often leads to a resolution of their disputes about asset division or parenting time schedules without going to court.
Early Neutral Evaluation (ENE) Measures
During ENE, the spouses choose an evaluator, or one is appointed by the court. The evaluator should be a professional with substantial experience resolving issues in cases similar to the spouses’ disputed terms. The evaluator meets with both spouses together with their attorneys and hears both sides of all disputes. Then they offer their professional perspective on which disputes they can resolve out of court through creative measures and which are worth pursuing in court or through arbitration.
Arbitration In Colorado Divorces
Divorce arbitration is often the final dispute resolution that spouses turn to rather than going to court. Arbitration works much like a more cost-effective divorce trial, but in a less formal or intimidating atmosphere.
A professional arbitrator presides over the arbitration meeting. Both spouses must sign binding agreements to abide by the arbitrator’s decisions, just as they would a judge. Then, they present their testimony and evidence. Once the arbitrator issues their decision, both spouses sign the contract, and it’s presented to the court for a final dissolution decree, which is then legally binding and enforceable.
One important aspect of choosing arbitration rather than a trial is that arbitration remains private, while a trial becomes a matter of public record. An experienced family attorney assists spouses in pursuing alternative dispute resolutions to avoid court.