FAQs: Denver Divorce Mediation

Uncontested Divorce Mediation

Posted July 6, 2022

What is divorce mediation?

In the state of Colorado, divorce mediation is a process used to create settlements between spouses looking to separate or divorce. 

There are many advantages to using Denver divorce mediation. Many couples decide they don’t want to go through the costly and stressful court process where a lot of decisions are out of their hands. 

The process is less stressful

denver divorce attorney

Conventional divorce proceedings are strife with court appearances, attorney meetings, and multiple, often uncomfortable confrontations. Mediation encourages cooperation between soon-to-be exes. 

Divorce can be stressful on the entire family and their inner circle. Working through a divorce is a distraction and makes you less efficient. Reduced stress alone is a major benefit of going with mediation. The mediator helps develop agreements over divorce terms. But they also remove emotion and volatility, ease tension, and promote amicable behavior.

It is less expensive

Achieving an uncontested divorce with Denver divorce mediation is not as high-priced. Often, they are court-appointed pros, trained in simplifying negotiations and helping all parties keep a cool head. Compared to full-blown divorces, mediation is significantly less expensive. The final cost will depend on the complexity behind splitting assets, determining child visitation and/or custody plan, and other concerns.

Divorce is expensive. And frustrating when you hire Denver divorce attorneys and utilize the court. It’s surprising how many unhappy couples stay together to avoid the expense and trouble.

If you want to save and both spouses are ready to ease the process, meditation is a sound solution for an uncontested divorce in Denver.

How does the process work?

The separating spouses meet with the mediator for far fewer sessions than they would lawyers or judges. The group discusses all issues on the table that impact themselves and the children. 

The divorce mediator lets the couple control the narrative, stepping in with a reasonable head that guides and facilitates the negotiation. Their job is to let the couple take responsibility for everything from dividing assets to what happens to the dog.

While a mediator is well versed in Denver’s divorce laws, they are not lawyers here. They do not offer legal advice or make decisions. They are facilitators, helping couples decide what’s best for their circumstances.

Once every issue comes to an agreed conclusion, a document is written detailing the couple’s decisions.

Is mediation a sure thing? 

When it comes to divorce, there is no sure thing. Even the best-intentioned couples find themselves at odds during the process and end up hiring lawyers anyway.

You can voluntarily go into mediation and it’s quite likely a judge will order divorce mediation before taking a case to trial. That’s because mediation allows resolution without interference. The process is also confidential which means, unlike a divorce, there will be no public record.

The most critical aspect of the mediation process is communication. It’s the mediator’s job to keep communication channels open and productive. As long you have that and the couple wants to avoid conflict (or at least effectively mediate it), hammering out the details via mediation will lead to an uncontested divorce. 

Which couples are best suited to mediation?

Mediation can work for any couple, even hardened exes with tons of issues. But mediation may not be the option for you if:

There’s intimidation

There are issues of domestic abuse or fear for any family member’s safety. Abused spouses can find it traumatic to confront and negotiate with individuals who used physical intimidation to control them. Others have found it empowering. Mediators will proceed with caution if they are aware of the conditions. They may be willing to meet with spouses separately. An option might be having Denver divorce attorneys do the negotiating.

The partnership isn’t transparent

There’s trouble if one spouse has a reputation for being untrustworthy or deceitful. Unless both spouses can be transparent, mediation isn’t worth your time. If you suspect your ex is wasting funds, lying, or hiding assets, you can’t successfully negotiate with them as they are likely to not play by the rules or offer full disclosure.

One spouse is using mediation to stall

Unlike the court, a mediator cannot make demands of either party. The mediator cannot even make you show up! A person may use mediation to delay paying support or to avoid spending time with the children. Only you understand how your spouse operates and will see if they’re taking advantage to avoid their responsibilities.

Someone’s hired an attorney

If one spouse claims the other is legally responsible for the dissolution of the marriage, successful mediation is diminished but not impossible. 

If your spouse has a lawyer, it’s strongly encouraged you get one too. Lawyers do not attend mediation for the most part (they’re allowed if the mediator agrees), but it can be disruptive to the “friendly” aspect of the process.

What are the steps of the divorce mediation process?

The divorce mediation process has three standard stages.

  1. Couples have sessions with the Denver divorce attorneys to negotiate and settle agreements on all issues that need addressing such as tax issues, parenting, division of liabilities and assets, finances, and more.
  2. Agreements decided during mediation end up in writing. It’s prepared by the divorce mediator. There are several names for the document, including Separation Agreement, Memorandum of Understanding, or Marital Settlement Agreement.
  3. When the time comes to finalize the divorce, the agreement will be one of the prepared, signed, and filed documents.

Is anyone else involved in the divorce mediation process?

In general, the mediator addresses all issues that need resolving to promote an amicable separation. However, complicated issues may require a seasoned consultation beyond the mediator’s scope. Denver divorce mediators can suggest certain matters get taken to a financial analyst, family therapist, accountant, or parenting coordinator. They may even suggest you each talk to a lawyer. Ultimately, you’ll take whatever counsel provided by the third party back to your mediation. 

Denver divorce mediation is a good way to walk away from a spouse without messy legal complications. Located in Denver, Split Simple helps couples reach uncontested divorces without the use of a courtroom. Contact Split Simple today to learn more. 

Split Simple

1624 Market Street #202

Denver, CO 80202