Divorce is not an easy process, emotionally or legally. Married spouses accumulate property, assets, and debts, and often have children together. Divorcing spouses in Denver require an enforceable legal framework for dividing one household into two in a way that’s fair and equitable, and in the best interests of their children.
Often, the first key step in this meticulous process is drafting a memorandum of understanding (MOU) as part of Colorado divorce mediation.
An MOU as Part of the Mediation Process
A memorandum of understanding isn’t a formal or binding contract. Instead, it is a preliminary document that lays out a structure for a future enforceable divorce settlement agreement, which a judge will sign into orders at the final hearing.
Divorcing spouses in Colorado attend one or more meetings with a professional mediator, who acts as a neutral party to help them agree on all required divorce terms. A mediator often has creative solutions to help resolve disputes. The memorandum of understanding records all agreed-upon divorce terms at the end of mediation and forms the basis for a later settlement agreement. A MOU includes the following:
- The names and basic information about both spouses and their children
- The terms that both spouses have agreed upon
- Both spouses’ objectives for the divorce settlement
- Attorney’s fees
- The document’s effective dates
- Directions for subsequent actions to achieve a settlement agreement when possible to avoid a contested divorce in court
- The mediator’s fees and payment structure, such as which spouse is paying the mediation fee, or whether each spouse is responsible for an equal portion
The memorandum of agreement is an important summary document that outlines agreed-upon terms and each spouse’s intent, forming a basis for their divorce orders. This process helps divorcing spouses to avoid a contentious court process.
What Is a Memorandum of Understanding In a Divorce?
What are the Terms of a Colorado Divorce Discussed During Mediation?
Colorado’s divorce law follows a system of equitable division for assets and debts. In addition, the state makes all Denver child custody decisions in the child’s best interests, beginning with the presumption that continued frequent contact with both parents is in the best interests of the child.
The final divorce orders must include enforceable terms for all matters. During mediation, divorcing spouses must either come to agreements on the following terms for a settlement agreement, or present them to a judge to decide:
- The division of their assets and debts in a way that’s fair and equitable to both spouses
- Child custody (legal decision-making authority) and a parenting time schedule
- Child support under the state’s Income Shares formula
- Spousal maintenance (alimony) when appropriate
A memorandum of understanding is often the first draft of a later divorce settlement agreement in Colorado, but it remains flexible and can be modified as circumstances change until spouses reach a mutually acceptable divorce settlement agreement for the judge to sign into enforceable divorce orders.
If spouses cannot reach agreements on one or more terms, they present their arguments to the judge in a contested divorce.
An uncontested divorce in Denver is a desirable objective, avoiding the additional costs and contention of a contested divorce. A memorandum of understanding is a beneficial step in achieving this goal. Call our experienced family law attorneys in Denver for a free case evaluation.