Denver Divorce Mediation FAQ’s

Uncontested Divorce Mediation

Posted July 3, 2024

If you’re in the midst of a divorce, you may find yourself with a lot of questions. Denver divorce mediators can help you acquire an uncontested divorce. Check out these FAQs to learn more about an uncontested divorce in Denver or how a divorce mediator can assist in the process. 

1. What can I expect during divorce mediation in Denver?

Divorce can be a complicated and emotional process. However, in general, if you and your spouse can come to a fair agreement about how you will divide your assets and handle child custody, the process will go more smoothly for everyone involved. During the mediation process, you will work with Denver divorce mediators that specialize in mediation to come to a fair agreement. 

Your mediation may cover:

• How you will distribute property after the divorce, including who will retain possession of specific assets or accounts.
• How you will handle any marital debts, including mortgages, car loans, and credit card bills.
• How you will handle child custody arrangements.

Denver divorce mediators will not resolve any conflicts between you and your former spouse for you. They will, however, offer advice that can help you settle your differences fairly and without having to go to court. You will each have the opportunity to lay out any arguments you may have or any challenges that stand in your way, and the mediator will help you reach a resolution that fits both your needs. At the end of the Denver divorce mediation session, you may fill out a Mediation Compliance Form that shows that you and your spouse took this step to attempt to resolve your divorce. 

2. How can I get an uncontested divorce in Denver if my spouse and I do not agree about divorce terms?

Often, you and your spouse will start out relatively far apart on what you want from your divorce agreement. However, by working with a mediator, you can often come to a reasonable agreement. A mediator can help:

• Provide essential information about how to fairly and equitably divide property
• Offer insights into fair resolutions for serious questions you may have about property division
• Suggest alternative solutions you and your spouse may not have come up with on your own

A mediator cannot decide the terms of your divorce for you. However, a Denver divorce mediator does provide you with an unbiased third party who can help you work through essential questions about your divorce agreement, your next steps, and more. 

3. How does Colorado usually decide custody cases? 

When possible, the Colorado court system generally tries to assign equal custody to both parents: a 50/50 custody split. Ultimately, however, the courts aim to make decisions that are in the best interests of the child. The court may take a number of elements under consideration when determining what is actively in the best interests of the child. Not only does that mean determining whether any abuse may have taken place, it may consider:

• Whether one parent is in the school district the child is currently attending
• Parental work schedules and how they will impact the parents’ ability to take care of the child, including who will actually be caring for the child the majority of the day
• Whether the child has a strong preference for living with one parent over the other
• Any unique elements in your situation

Ideally, you and your spouse will come to an equitable agreement regarding custody split. During Denver divorce mediation, you will have the chance to discuss those elements yourselves and see if you can work out an arrangement that fits both parents’ needs and the needs of the child. 

4. How long does divorce mediation take in Denver?

Mediation can be a long process or a short one, depending on how far apart you and your spouse are. If you are relatively close to an equitable agreement, you might need to spend relatively little time in Denver divorce mediation. On the other hand, if you and your spouse are far apart, but willing to work together to reach an agreement, you may find that you can resolve any questions related to your divorce within a relatively shorter timeframe. 

5. How much spousal support will my spouse have to pay, and can a mediator help me determine how much I deserve?

In Colorado, generally, the higher-earning spouse will only be ordered to pay maintenance if 1) the other spouse needs that support and 2) the higher-earning spouse has the means to pay that support. Alimony calculations can depend on a number of factors, including:

• The length of the marriage
• The role of the lower-earning spouse during the marriage (for example, if one spouse was a homemaker or stay-at-home parent, it could influence spousal support determination)
• The disparity between the higher-earning spouse’s income and the lower-earning spouse’s income
• What financial resources each spouse has available after the divorce, including the division of assets in the divorce
• Education and career history, including whether the lower-earning spouse has the means to seek gainful employment

In addition, spousal support may depend on whether the higher-earning spouse also has to pay child support. 

The length of spousal support is generally determined by approximately 45% of the years the couple was married. However, other factors, including what steps the lower-earning spouse may need to take in order to secure employment, may also impact spousal support. Furthermore, alimony may end if the spouse receiving it moves in with or marries someone else. 

6. How should we calculate child support during mediation?

Colorado calculates child support based on a number of factors. It looks at:

• Each parent’s earnings
• How many children the couple has
• Whether one parent has primary custody of the child

In addition to direct child support payments each month, you and your spouse may want to discuss other costs related to the care of your children, including school fees, medical costs, and insurance. If you have older children, you may also want to discuss the cost of sports fees and other activities your child enjoys on a regular basis. 

If you’re preparing for divorce in Denver, Denver divorce mediators can help guide you through the process and provide essential insight into both parties’ rights. Contact an attorney to learn more.

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Denver, CO 80202

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