Unfortunately, not everyone’s walk down the aisle ends with happily ever after—at least not together. Instead, sometimes life takes spouses down different paths, and they move forward toward separate happy endings. But before divorcing spouses in Colorado can move on, they must first end their marriage by following all of Colorado’s legal requirements.
A Colorado divorce requires a fair and equitable division of marital assets and debts, a child custody plan, child support under the state’s formula, and, in some cases, alimony. The mediation process in Colorado can be a critical aspect of achieving these goals.
What Is Divorce Mediation?
Colorado divorces fit into two categories: uncontested or contested. In an uncontested divorce, the spouses arrive at a mutually acceptable settlement agreement covering all required divorce terms without the need for a trial. Their attorneys present the agreement to the judge to sign as final divorce orders. If the spouses cannot resolve one or more disputes, the divorce becomes contested, and they go to court to present their arguments to the judge to decide.
Reaching a settlement agreement is a faster, less expensive, and less contentious way to divorce. Often, mediation is the key to reaching a settlement agreement and an uncontested divorce.
Mediation is one or more meetings between both spouses, their attorneys, and a professional mediator. A mediator is specially trained in conflict resolution and has an in-depth understanding of the state’s divorce laws. The mediator assists the spouses in reaching compromises on their disputes by offering solutions they might not have previously considered. Courts often require spouses to attend mediation as a further attempt to avoid court.
How Do I Prepare for Colorado Divorce Mediation?
Whether you and your spouse planned a mediation session together with your Denver family lawyers to reach a settlement agreement, or a judge ordered it, it’s important to be prepared for the mediation process. In most cases, one or both divorce lawyers representing the spouses recommend a trusted professional mediator they have used before with good results. Before entering mediation, it’s critical to have an organized electronic or paper file with all the necessary documents, such as:
- Tax returns for each spouse for the past three years
- Property deeds
- Vehicle titles
- Bank account statements
- Credit card and debt statements
- Retirement account statements
- Investment statements
- A prenuptial agreement, if one exists
For spouses with children, a list of their children’s ages, school and daycare expenses, and daily schedules can be helpful, including documentation of any special needs.
It’s also a good idea to prepare for mediation by making a list of your goals, desired outcomes for each divorce term, and your priorities.
Preparing Emotionally for Your Colorado Divorce Mediation
Preparing for divorce mediation may feel intimidating for several reasons. In many cases, spouses haven’t communicated in weeks or months, or have exchanged only negative, emotionally fraught communication. Facing a spouse over a mediation conference room table is unsettling. Besides preparing for the session by having your documents, goals, and priorities in order to present to the mediator, it’s also essential to prepare emotionally for the mediation session.
First, mediation occurs in a safe, neutral space, so there is little chance of an angry confrontation. Typically, both spouses’ attorneys are present. Be prepared to stay calm, avoid personal exchanges with your spouse, and present your desired terms respectfully. It’s crucial to go into mediation with the intention of reasonable compromise whenever possible.
The outcome of mediation may determine whether or not your divorce is contested or uncontested. When both spouses are well prepared for divorce mediation, they can achieve their divorce with less expense and minimal contention, putting them in a better position to move forward. Contact our Denver divorce lawyer for a free consultation today.