How Denver Divorce Mediators Can Make Your Divorce Easier
Uncontested Divorce Mediation
Posted May 25, 2022
Divorces are never easy. Nobody gets married to get a divorce. However, divorce may be the only way out when you cannot patch up your differences. The best way forward is to make the divorce as painless as possible.
A Denver divorce lawyer can help make the divorce less messy, especially if you both have children. An uncontested divorce is a way to go if you and your spouse have agreed to the divorce, property division, and children-time sharing. Denver divorce mediators can come in handy if you both want to avoid court hearings. A mediated divorce involves an attorney acting as a neutral third party. The divorce attorney facilitates the settlement negotiations according to their understanding of the state laws.
It would help if you remembered some things before you entered into mediation:
Mediation is a Discussion
Mediation aims at resolving disputes by reaching compromises or mutual agreements. It is not a debate or a win-lose situation. Each party must cooperate for the best outcomes, and it should not turn into a shouting match with the other party. Keep the matter conversational and aim to solve the issue at hand.
A Mediator Remains Neutral
Do not try to get the mediator to take your side. A mediator does not place blame or take sides. The mediator’s job is to stay neutral, help the couple manage the dispute, and come to a compromise. The mediator establishes some meeting rules and keeps the parties in check. The mediator also allows both parties to identify and solve their issues.
A Mediator is Not a Judge
At the end of the mediation process, a mediator does not make a judgment on the dispute. If the couple cannot come up with agreeable terms, the matter moves to court. In an ideal mediation, the parties agree, and the mediator drafts the paperwork detailing their wishes. The mediator does not give orders or make decisions for you and acts as a peacekeeper during the negotiations.
Mediation Takes an Open Mind and Tact
Mediation is not a situation where you go in with demands and expect your spouse to meet them. Mediation means listening and respecting your spouse’s point of view, being tactfully honest, and being willing to compromise. It would help if you kept an open mind when walking into mediation.
What Happens After Divorce Mediation?
Mediation is much easier than litigation. After some additional steps, a couple working together to draft a separation agreement finds it much easier and faster to finalize the divorce. The two of you can mutually agree on the divorce details during the mediation. If you both agree and declare that the divorce grounds are the irretrievable marriage breakdown, all you need to do is filling some forms and file them in court. You will both get a final review hearing.
You can file a motion through your Denver divorce attorney to waive your final hearing attendance. The judge may or may not grant the waiver. The hearing is short, and the judge may ask the two of you questions about the separation agreement. If your divorce mediator has the experience, they can help you prepare the final documents. You can file the documents with the court for review. Depending on the court’s calendar backlog, you might not have to wait long for the review hearing.
How Long After Mediation Does a Divorce Become Final?
In Denver, finalizing a divorce case in court may take about six to twelve months. It can finalize in three months if you choose to use Denver divorce mediators. If a judge approves your separation agreement and final papers, they enter the divorce judgment in thirty days.
If you and your spouse do not enter any new separation agreement modifications, the divorce enters decree nisi. The term nisi is Latin, meaning “Unless.” In this period, a couple gets some time to think things over and can get back together. The nisi period in an uncontested divorce is 120 days, after which the divorce automatically becomes final or Decree Absolute.
The Decree Absolute is final, and the judge cannot rescind it. If you wish to reconcile, you must go through another wedding ceremony and marry afresh. The most challenging part of a divorce is the terms and conditions of the divorce. Working with skilled Denver divorce mediators makes it easier and faster.
Why Take Divorce Mediation?
In divorce mediation, a couple hires a Denver divorce attorney. The lawyer represents neither of them but guides them in resolving their issues without litigation. The divorce attorney prepares all documents needed to finalize the divorce once you have reached an agreement.
Mediation is excellent for a couple that wants to have a civil relationship for the sake of their children. The mediation process has fewer fights and is not as emotional as a court case. The mediation process allows the couple to agree on how to co-parent and hopefully stay friends.
Be wary of any Denver divorce attorney who calls themselves a mediator. Not all attorneys make good mediators, as mediation requires specialized skills. Law schools do not teach mediation; it requires hours of training to get it right.
Mediation is not lucrative compared to litigation, so most Denver divorce attorneys do not pursue this area of practice.
Settling on a Mediator
Before settling on a mediator, research the available Denver divorce mediators. Check out their track record and client reviews. Once you agree on a mediator, consult your spouse and make a joint consultation visit to the Denver divorce attorney. This avoids conflict of interest when each party contacts a different lawyer.
Mediation has many advantages for the couple. The process is more affordable than getting full representation for a litigation process, and the couple cost shares the costs of the mediator. Meeting at a neutral location makes the process less intimidating and less invasive, especially when discussing personal family and children issues. When couples go through mediation, they feel more satisfied with the divorce outcome as they feel they have a say in the matter.
If you are looking for a Denver divorce attorney, a Split Simple mediator will help you through the mediation process. The mediator will guide you in finding solutions that work best for you and your family. Contact Split Simple today or give us a call at 720-501-4600 for help understanding the Denver mediation process.
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