Starting the divorce process can feel overwhelming, especially when you face critical decisions about how to resolve disputes. In Colorado family law, you generally follow one of two primary paths: mediation or litigation.
Understanding the core differences in cost, time, and control is essential. This knowledge helps you choose the right path for your family’s future.
A collaborative path: Divorce mediation
Mediation involves meeting with a neutral, third-party professional who guides spouses through negotiations. The mediator doesn’t represent either party or provide legal advice, but seeks to help spouses reach mutually acceptable agreements on key issues, including property division, spousal support and parenting time.
Three key components of this peaceful process are:
- Mediation is generally faster and significantly less expensive than going to court.
- The process avoids lengthy court filings, depositions and trial preparation.
- You and your spouse control the outcome.
Instead of a judge making the decision, you craft a tailored agreement that works best for your specific family dynamics. Colorado courts have the authority to order, and typically require, parties to attempt mediation in good faith before proceeding to a contested hearing or trial, especially in cases involving disputes over parental responsibilities or property.
The formal path: Divorce litigation
Litigation means taking your unresolved disputes to the Colorado family court. There, a judge will ultimately hear the evidence and issue a final, binding ruling, known as Permanent Orders, which are then formally incorporated into the final judgment document, the Decree of Dissolution of Marriage.
Here are three common aspects of the process:
- Litigation is typically the longest and most expensive route.
- The process includes mandatory financial disclosures and may involve formal discovery and motions.
- Reliance on the court’s calendar and the level of dispute can increase legal fees and extend timelines, sometimes by months or even years.
In litigation, spouses surrender control of the outcome to the judge, who renders the final decision under Colorado law rather than a customized agreement between the parties. This path may be essential in some instances, such as those involving domestic violence, suspected hidden assets or when a cooperative agreement is simply impossible.
Choosing the appropriate path forward
Whether you seek the speed and control of mediation or the structured decision-making of litigation, each option serves a unique purpose within the Colorado family court system. Regardless of the method you choose, it’s advisable to seek skilled legal guidance when pursuing a divorce. An experienced lawyer can protect your interests and help you understand the complexities of the process.