Denver Family Law Attorney: FAQs About Divorce Mediation
Uncontested Divorce Mediation
Posted May 11, 2022
Choosing to get a divorce is often one of the most difficult decisions you will have to make, and it can leave you confused about what steps you need to take moving forward. This is particularly true if you have children you will be co-parenting with your former partner, as you may find yourself looking for a way to move forward without the drama of a court battle. If this is the case, then you may want to consider choosing divorce mediation. Denver divorce mediation allows couples to work together to find a path forward that is mutually agreeable and will allow them to achieve closure quickly and with as little hassle as possible. Yet, if you are unfamiliar with divorce mediation, you may find yourself wondering what exactly divorce mediation is and what the benefits are of choosing this option when dissolving your marriage. To help you decide if mediation may be right for you as you move forward with your divorce, here is a look at the most frequently asked questions we receive about divorce mediation in Denver.
What is Divorce Mediation?
The first thing you may find yourself wondering is what exactly is divorce mediation? Denver divorce mediation is a non-adversarial alternative to courtroom litigation that allows couples to work together and reach their own agreements when filing for an uncontested divorce. During divorce mediation, couples meet privately with a neutral third-party mediator (who is often a divorce attorney) to help them negotiate mutually beneficial agreements regarding property settlement, spousal support, child support, and custody. Denver divorce mediation attorneys are specially trained to help couples resolve disputes and can help couples dissolve their marriage without the hassle of having to go to court. Once all terms have been agreed upon, a Denver divorce mediator can then assist the parties in filing all papers with the court. This process then helps couples to avoid having to appear for lengthy court proceedings.
What is Decided During The Divorce Mediation Process?
During the process of filing an uncontested divorce, a mediator plays a key role by helping facilitate communication between parties so that they can reach an agreeable solution regarding the dissolution of their marriage. Yet, this may lead you to wonder what issues are decided upon during the mediation process. While each marriage is unique and presents its own challenges that must be addressed during the process of getting a divorce, a mediator will likely help you make decisions regarding:
A mediator can prove instrumental in helping couples determine how they plan to move forward as co-parents following their divorce. This can include making decisions regarding legal and residential custody of a child, parenting/visitation time, and developing a co-parenting plan that both parties agree to abide by.
Division of Assets
Division of Assets
Often the most contentious part of any divorce is deciding on how shared assets should be divided. A mediator will guide couples through the process of figuring out how assets such as real estate, bank accounts, retirement accounts, and even a family business should be divided during the divorce. If necessary, a mediator can also provide resources for couples that may need to have property appraised and/or sold as part of the divorce process.
If children are involved, a mediator will also help couples come to an agreement on child and child care expenses. During Denver divorce mediation is also when decisions regarding spousal support/alimony will be made if necessary.
What Are The Benefits of Divorce Mediation?
For many couples, the most obvious reason to choose divorce mediation is that it allows them to avoid the hassle of a complicated court battle. However, there are many reasons couples should consider choosing mediation over litigation. Some of the benefits of divorce mediation include:
- It takes less time.
- Mediation gives couples more control.
- It benefits children by reducing the conflict of a lengthy court battle.
- Mediation allows couples to proceed at their own pace, providing flexibility during a difficult time.
- Mediation saves money compared to litigation.
If both parties are willing to work together to come to an agreement that will benefit them both, mediation often provides a simpler alternative to litigation.
How Long Does Mediation Take?
Of course, a common concern couples have is how long divorce mediation will take. Fortunately, one of the reasons Denver divorce mediation is so popular is that mediation takes significantly less time than traditional court proceedings. However, the amount of time a specific mediation will take can vary, as the length of mediation is determined by the complexity of the issues being presented in mediation and whether or not the couple is able to be flexible and work together to negotiate a fair agreement. Generally, most mediation cases require two or three two-hour mediation sessions spread over the course of 4-6 weeks. The entire divorce process starting with mediation until you are officially divorced usually takes about 4-6 months. This is significantly shorter than the court process, as adversarial divorce proceedings can drag on for several years. Ultimately, each divorce is different, and you will get to determine the pace of the mediation process by scheduling sessions when you feel ready.
Do I Still Need an Attorney?
While the great thing about choosing divorce mediation is that you do not have to retain counsel throughout the entire process, it is still recommended that you consult an independent attorney to go over your divorce agreement before you sign anything. While this step is not required, it can give you peace of mind by allowing you to ask any additional questions you may have without your spouse present. Even if your mediator is an attorney, they cannot provide either party with legal advice. Since the mediator’s job is to stay neutral and facilitate the divorce settlement, each party must seek an independent lawyer if they require legal advice.
Contact a Family Law Attorney in Denver Today
Denver divorce mediation provides many couples with a simpler, cheaper, and quicker alternative to litigation, which is why it is so commonly used when filing for an uncontested divorce. Feel free to Contact Split Simple today to learn more about divorce mediation in Denver and the benefits it can provide.
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