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Divorce Cases

• Division of Marital Property
• Alimony (Maintenance)
• Alternative Dispute Resolution
• Legal Separation
• Common Law Marriage

Divorce Booklet

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Alternative Dispute Resolution

Courts want people to come to agreements on their own. That makes sense, because it saves the courts time and empowers the parties to come to agreements based on factors like sentimental value or one party's willingness to concede more than a court would on their behalf in exchange for some concession which is particularly important to them. Out of court agreements can have many benefits, including lowered litigation costs, faster resolutions, fewer litigated modifications in the future, and generally less emotional trauma.

Mediation

Alternate dispute resolution usually takes the form of mediation or arbitration. Mediation has become so popular in domestic cases that some jurisdictions even require it as a matter of policy. Sometimes cases can resolve themselves entirely in mediation if both sides approach it in a good faith attempt to resolve their disagreements. However, if even one party refuses to honestly engage in mediation the result is often time and money wasted.

Mediators tend to be experienced legal professionals such as attorneys and judges with enough experience in domestic law to provide a good perspective regarding the strengths and weaknesses of each side's case. That evaluation and a discussion of each party's demands between attorneys and mediators can help the parties get a better understanding of their own standing and whether their demands are likely to succeed in court if mediation fails. Even where a day in mediation does not result in resolution of all outstanding issues, an attentive client can benefit greatly from this "second opinion" from a non-biased legal professional who will evaluate the evidence from a perspective similar to that of a judge.

Collaborative Divorce

Collaborative divorce is a broad phrase that describes an approach to separation which saves costs, time, and the emotional trauma of a contentious divorce. People who want to preserve a workable relationship, and are willing to work together toward a fair resolution for both parties benefit from a collaborative approach. In collaborative divorces, both parties and their lawyers commit to negotiate toward an agreement without any intervention from a court, and lawyers for both sides agree not to participate in any subsequent litigation if negotiations fail. If a complete agreement is reached, the parties essentially inform the court of their agreement, submit a copy to the court, and if the agreement meets legal requirements, the court simply ratifies it and issues an order.

Although collaborative divorces can be very beneficial, they require some level of trust in the other party's commitment to a fair and equitable solution. All parties agree to assist each other toward an agreeable settlement in a non-adversarial way. Accordingly, this approach simply is not workable for everyone, and even those who can benefit from this approach are advised to retain an attorney to assist with ensuring any final agreement meets legal requirements, and to ensure the retaining party's long-term interests are protected. What seems like a good agreement today, especially if it means "just getting this behind me", can be a source of long-term regret and hardship later. Talk to a Colorado divorce attorney about which approach is best for you.