Do I Need an Attorney in Mediation? Common FAQs About Denver Divorce Mediation

Uncontested Divorce Mediation

Posted March 28, 2024

Coming to the realization that it is time to file for divorce is never easy, and the process of getting divorced can be a daunting task. However, getting divorced doesn’t have to mean a drawn-out court battle. If you and your spouse are willing to come together to work toward an amicable divorce, then Denver divorce mediation could provide a better alternative to divorce court. A Denver divorce mediator can act as a neutral facilitator and help guide you and your spouse through the process of settling common divorce-related issues like property division, custody, and spousal support. 

While Denver divorce mediation can provide a cheaper, less combative alternative to a lengthy court battle, choosing mediation does not mean that you don’t need to consult an attorney to help guide you through the divorce process. While this is a common misconception, a divorce attorney can be instrumental in helping look out for your best interests during the mediation process. 

If you are starting the process of divorcing your spouse and are considering Denver divorce mediation, keep reading for a look at answers to frequently asked questions we receive about divorce mediation and the importance of working with an attorney during this process.  

Why Do I Need an Attorney During Mediation?

When you go through the process of Denver divorce mediation, you and your spouse will work together with a neutral attorney-mediator who specializes in facilitating communication between couples to help them finalize their divorce amicably. Yet, this may lead you to wonder why you would still need to work with a divorce attorney if you have a Denver divorce mediator. The main reason to consider consulting a divorce attorney is that your mediator cannot take sides or give legal advice. If you have questions or concerns about how your divorce is proceeding and you want to make sure that your best interests are looked after, you should consider hiring an attorney even as a consultant. An attorney can inform you of your rights and help ensure that the terms of the mediated agreement are reasonable. 

When Should I Consult a Divorce Attorney?

Even if you choose Denver divorce mediation, working with an experienced attorney can ensure your rights are looked out for and that the terms of your divorce are favorable to you. Yet, at what point during the mediation process should you consult an attorney? This will depend on a number of factors including how well you and your spouse are able to cooperate and communicate during Denver divorce mediation. If your divorce is uncontested and you and your spouse are committed to working together in mediation to end your marriage amicably, you may be able to come up with a divorce agreement that suits you both without much trouble. However, even if this case, you will want to have an attorney review the proposed settlement before you sign anything in order to make sure that the settlement is fair to you and that your legal rights are looked after. Of course, many people choose to work with an attorney from the beginning, as an attorney can provide legal advice, inform you of your rights so that you know what to ask for in the divorce agreement, and make sure that your best interests are looked out for. 

Where Do We Begin If We’re Interested in Mediation?

If you believe that Denver divorce mediation could be a good option for you and your spouse, you may find yourself wondering what your first steps will be in the process of mediating your divorce. The divorce mediation process begins with an initial consultation with your Denver divorce mediator. During this meeting, couples have the opportunity to learn more about the mediation process and ask questions about how their divorce will proceed. The mediator will use this opportunity to learn more about the couple and evaluate what the couple’s next steps should be based on their unique situation. The mediator will also take time to discuss costs and fees with the couple, and if they decide to move forward with mediation, they will sign a Denver divorce mediation agreement. 

divorce attorney in denver

At the end of your consultation, you will be provided with next steps and a date for your first Denver divorce mediation session. You should consider consulting an experienced divorce attorney before your first mediation session so that you can go into the session knowledgeable about your rights and what you should ask for in the terms of your divorce. 

How Long Does Mediation Take?

The great thing about divorce mediation is that it allows couples to move at their own pace. How long the mediation process will take, and how many sessions you will need, will depend on how quickly you and your spouse are able to come to an agreement on the terms of your divorce. While the Denver divorce mediation process can move as quickly or as slowly as you like, most couples need around four one to two-hour sessions in order to resolve their cases. These sessions will likely be spread out over the course of 4-6 weeks, but you have a certain amount of control over the timeline. Ultimately, how long mediation takes will depend on how quickly you and your spouse can reach an agreement, however, it is still likely to be quicker than taking your case to court. 

Can All Issues Be Settled Through Mediation?

Of course, even if you and your spouse are committed to working together to amicably end your marriage through Denver divorce mediation, you may find that you have a hard time reaching an agreement on all relevant issues. If this is the case, you may need to proceed to litigation in order to finalize your divorce. For instance, some couples with children have a hard time agreeing on a custody arrangement in mediation and end up having to go to court where a judge makes the final decision. However, any issues that you did resolve in mediation can result in a shorter litigation process. Your attorney can be instrumental in helping you determine if it may be time to consider litigation.

Divorce is never easy, but knowing how the process works can help you feel more prepared moving forward. Whether or not you choose to consult an attorney, mediation can be a great way to resolve issues pertaining to the division of property and child custody amicably without the need for a court battle. Feel free to Contact Split Simple today to learn more about Denver divorce mediation and the benefits it can provide.    

Split Simple

1624 Market Street #202

Denver, CO 80202