Family Law FAQ’s About Divorce Mediation and Child Custody

Uncontested Divorce Mediation

Posted September 6, 2023

If you are starting the process of getting divorced, you may be wondering what your best option is moving forward. This may be of particular concern if you and your spouse have children, as you may find yourself wondering what your best options are for seeking a divorce without creating a difficult situation for your kids.

While people often assume that getting divorced means that they will have to go through a lengthy litigation process, this is not the case. Denver divorce mediation can provide a simpler alternative that allows your and your spouse to come to an agreement regarding the terms of your divorce without the need for a courtroom battle. With the help of a third-party mediator, you and your spouse can make decisions about the division of assets without the need for a judge. 

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Not only can mediation help simplify your divorce, but, depending on where you live, it may be a necessary part of the divorce process. What many people looking to get a divorce do not realize is that some Colorado counties require couples to attend at least one mediation session before they can request a court hearing. Not only can this ease the burden on the courts, but Denver divorce mediation often proves to be a better option for families than litigation, as it allows couples to come up with a plan to dissolve their marriage and raise their children amicably. 

Yet, as there are many misconceptions regarding how mediation works when children are involved, you may find yourself asking a number of questions as you start looking into divorce mediation. To help you better understand your options when filing for divorce, keep reading for answers to the most frequently asked questions we receive about divorce mediation as it pertains to child custody and family law.  

Does Mediation Work if We Have Children?

There is a common misconception that Denver divorce mediation only works for simple divorces and that mediation is not possible if children are involved. However, as long as both parents are willing to come together and have open, civil discussions about the future of their children, mediation can be a great option for divorces where children are involved. Issues involving child custody, visitation, and child support can all be discussed and handled in the mediation process.

Mediation provides a great way for parents to discuss and resolve issues regarding their children in a neutral setting, giving them a chance to find the best solution for their family moving forward. The fact is that mediation provides a more civil alternative to litigation, and maintaining peace can be important as you will be co-parenting with your former spouse following your divorce. Denver divorce mediation also gives parents the opportunity to create a child custody agreement that is mutually beneficial rather than having a judge make these decisions for them (as would be the case with litigation).   

Can Mediation Help With Co-Parenting?

Another benefit of working with an experienced mediator is that they can help you to create a co-parenting plan that will benefit both parties moving forward. The fact is that adjusting to co-parenting can be a struggle for many people, and, depending on your child’s age, you may have to co-parent with your former spouse for several years. Unfortunately, many parents are not prepared for the challenges of co-parenting and don’t know what issues need to be addressed when creating a co-parenting plan. This is where having a mediator can prove invaluable, as they have experience guiding parents through the process of creating a co-parenting plan, and can help you resolve issues with your co-parenting plan as they arise. 

How Does Mediation Affect The Children?

Of course, the biggest concern many parents have is how their divorce will affect their children. Seeing their parents get divorced is never easy for kids, but you may find yourself wondering if there is anything that you can do to make the experience less traumatic for them. 

Another benefit of attempting Denver divorce mediation before litigating your divorce is that sitting down and working through the terms of your divorce civilly can help minimize the impact the divorce has on your kids. Alternatively, if your divorce turns into a court battle, potentially leading to fighting outside of the courthouse, this can result in your divorce being a traumatizing experience for your kids. It is then in the best interest of your family that you attempt to work things out amicably before you resort to litigation. 

Will Children Be Involved in Mediation Sessions?

Another advantage of choosing divorce mediation over litigation is that mediation provides a simple way for parents to consider their children’s views and feelings when creating their parenting plan. As long as both parents consent, children can be present at certain points during the mediation process to express their views and raise questions/concerns about where they will live. This can be particularly helpful if your children are older, as they may have strong feelings about how they want visitation and child custody handled. Parents can then create a co-parenting plan that works best based on their children’s needs and wishes rather than leaving these decisions in the hands of a judge.  

Can Mediation Work if One of Us Resides Outside of Colorado?

Can Denver divorce mediation work if both parties no longer live in the same state? If you and your spouse have separated, one of you may have decided to move out of the area to start fresh. Fortunately, mediation is still possible in this case. While it is recommended that the first mediation session take place in person, subsequent sessions can be handled by phone or over video chat. Mediation is then a great option for separated couples who would have a hard time making court appearances in person due to where they live or their work hours. 

Going through a divorce is never easy, however, this process becomes significantly more complicated when children are involved. If you are seeking a divorce from a spouse that you share a child with, you should consider choosing mediation, as this can make the divorce process easier for you, your spouse, and your children.

Feel free to Contact Split Simple today to learn more about Denver divorce mediation and the benefits it provides.  

Split Simple

1624 Market Street #202

Denver, CO 80202