Additional Denver Divorce Mediation FAQ’s

Uncontested Divorce Mediation

Posted February 15, 2024

It is no secret that divorce can be an expensive and stressful process, particularly when it involves lengthy litigation. Fortunately, there are steps that couples can take to make the divorce process easier emotionally and financially, including using Denver divorce mediation to finalize your divorce without going to court. Divorce mediation allows you and your spouse to work with a trained, third-party mediator to find solutions to disputes surrounding your divorce, helping you to finalize your divorce as quickly and painlessly as possible. 

Not only can Denver divorce mediation save time and money compared to going to divorce court, but couples who choose mediation are often more satisfied with their final divorce agreement, as they will have had a hand in making important decisions regarding custody and the division of assets. Yet, this may lead you to wonder how Denver divorce mediation works in Colorado and how you will know if this process is right for you. Keep reading as we cover answers to some of the most frequently asked questions we receive about divorce mediation.

When Can You Use Divorce Mediation?

Denver divorce mediation can be used at any stage during the divorce process to help you and your spouse resolve disputes, including after the divorce has been finalized. 

Before You File for Divorce

Before you and your spouse file for divorce, you may file a separation agreement. After doing so, you will be able to get an uncontested divorce and take advantage of a streamlined joint divorce filing procedure. However, your joint separation agreement must cover all important issues involved in ending your marriage such as how you’ll divide property, whether one spouse with pay spousal maintenance, and any custody arrangements. 

denver divorce attorney

Since these are all areas that can cause potential conflict, many couples choose to hire a Denver divorce mediator to help them reach a separation agreement. Your mediator will then prepare written documents reflecting the agreements you reach during this process, and they may even help you with the process of filing for divorce. Partnering with a Denver divorce mediation service before you’ve even filed for divorce can then streamline the process, saving you time and money. 

During Divorce Proceedings

Even if you are initially against the idea of Denver divorce mediation, you can still choose to work with a mediation service after you file for divorce. In fact, once your case moves through the legal system, a judge may even require you to attempt mediation before litigation can proceed. However, whether or not you will be required to attempt mediation will depend on the specifics of your case, which we will discuss in further detail below. 

Mediation After Your Divorce Has Been Finalized

Even after your divorce has been finalized, Denver divorce mediation can be used to settle any disagreements you may run into with your ex about your divorce judgment. This can be particularly helpful for couples who are co-parenting and want to make adjustments to their parenting schedule or the amount of child support being paid. If both parties can’t come to an agreement on a modification of their divorce, mediation can be a great option to help them avoid a costly legal battle.    

Is Divorce Mediation Required in Colorado?

As we previously mentioned, even if you decide not to attempt Denver divorce mediation and file for divorce with the court, a judge may still require you to attempt mediation before you can litigate. Under Colorado law, judges may refer divorce cases to mediation unless there is a history of domestic violence or mediation was already attempted and it did not work. For this reason, many judges choose to have all non-exempt couples at least attempt mediation before they can litigate their divorce. Judges also often require mediation in post-divorce disputes before the case can proceed to court. You and your spouse can then save yourself time and money by attempting mediation first without a court order.  

Are There Instances Where Mediation Isn’t Appropriate?

Of course, while Denver divorce mediation can help many couples settle disputes and disagreements pertaining to their divorce amicably, it isn’t a good option for everyone. In order for mediation to be effective, there must be a fair playing field between spouses where both parties feel safe and free to talk openly without worrying about being bullied or abused. For this reason, divorce mediation is almost never recommended if you’re experiencing domestic violence or abuse. Litigation would be the best option in this case in order to ensure a fair playing field and a safe experience for you. Divorce mediation also isn’t recommended if there is a significant power imbalance between spouses, a spouse is hiding assets, or a spouse has untreated substance abuse issues. 

What Happens After Mediation?

So what happens if you and your spouse are able to come to an agreement through mediation? At the conclusion of Denver divorce mediation, your mediator will help you prepare a written document called a “memorandum of understanding” that reflects the agreements you and your spouse reached, and this document can act as your separation agreement. However, before signing this document, you should consider having a lawyer review it to make sure that you didn’t miss anything and to ensure it is fair to you.

If you reach a complete settlement agreement through mediation, you can then prepare and file your divorce papers in the Colorado courts, after which you’ll likely need to appear at a hearing to finalize your divorce. Once at least 91 days have passed since you filed a joint divorce petition, a judge will then sign the decree of dissolution of marriage.

Of course, there are instances where not all issues are able to be peacefully resolved through Denver divorce mediation. In this case, any unresolved issues will have to be taken to divorce court, and a judge will rule on any disputed issues. 

Fortunately, many people are able to use mediation to peacefully dissolve their marriage without court intervention. If you are in the process of getting divorced and you are considering mediation, feel free to Contact Split Simple today to learn more.    

Split Simple

1624 Market Street #202

Denver, CO 80202

720-501-4600