If you’ve reached the decision to divorce, it’s clear that your relationship with your spouse is strained, but that doesn’t mean that all divorces in Denver, CO have to be adversarial or contentious. When divorcing spouses can compromise and communicate effectively, they can part ways with a more streamlined divorce process and fewer hard feelings.
This is especially important if they share children. Unfortunately, many divorcing spouses have bitterness toward each other that leads to an adversarial divorce, a much more complex, expensive, and emotionally stressful process.
In the best-case scenario of divorces, spouses can communicate and negotiate with the help of their attorneys and a mediator to reach an agreement on all aspects of their divorce, including child custody, the fair and equitable division of their assets, and spousal maintenance (alimony). When this occurs, they sign a divorce settlement agreement, and their attorneys present it to the court.
A Colorado judge almost always signs a settlement agreement into a final divorce decree without the need for a trial, unless it is egregiously unfair to one spouse or there is reason to suspect that a spouse was coerced into signing.
When spouses can reach a settlement agreement, they can move forward into their new lives after a less expensive process without an adversarial or contested divorce.
When divorcing spouses are unable to reach out-of-court agreements on the division of the assets, child custody, or other divorce terms, the divorce becomes a contested divorce. This process requires both spouses and their attorneys to litigate the contested matters in court.
After the court sets a date for the divorce trial, both sides present their arguments through testimony, evidence, and eyewitnesses for each contested term. After hearing both sides, the judge carefully considers the evidence before making a decision.
A contested divorce requires many more billable hours for family attorneys, additional court fees, and a far longer legal process. Worse, it leaves both spouses with adversarial feelings and resentments that make it more challenging to communicate as they go forward after the divorce.
Although spouses with no children may never have to speak to each other again, divorced parents must be able to communicate effectively to facilitate the exchange of their children according to their parenting plan. They may need to confer about significant parental decisions regarding their children’s medical care, education, and extracurricular activities.
An adversarial divorce does not lay good groundwork for moving forward on civil terms, while an uncontested divorce typically leaves far fewer antagonistic feelings.
There are several terms that Colorado law dictates that spouses must include in their divorce orders. These include the following:
When spouses are unable to agree on the terms of their divorce, they take each dispute before the judge to decide in a contested divorce process.
Avoiding an adversarial divorce is best for everyone, but it isn’t always possible or even advisable. For instance, if one spouse presents a danger to the physical or emotional well-being of the children, the other spouse can’t avoid an adversarial, contested divorce as they seek full custody.
Call Ciancio Ciancio Brown, P.C. for experienced legal representation in your divorce so we can prevent an adversarial divorce process whenever possible or represent your best interests should a contested divorce become necessary.
