Divorce proceedings may require a year or more to complete, depending on whether spouses share children and how many disputes they have regarding final terms. Spouses who find themselves disagreeing about the allocation of parental rights and responsibilities or the distribution of their marital estate under Colorado’s equitable division statute often expect to litigate their disagreements in family court.
However, alternative dispute resolution can be an option for many divorcing couples in Colorado. Mediation for family law matters has become increasingly common in recent decades. The benefits derived from divorce mediation influence a decision to settle matters outside of court.
What primary benefits make divorce mediation a potentially attractive alternative to a litigated approach to divorce?
1. Shorter timelines and reduced costs
Litigated divorces often take well over a year to finalize. The more complex the disputes between the spouses are and the more cases waiting for a hearing in family court, the longer it may take spouses to have their day in court.
The more time they spend in court, the more they typically pay for divorce. If mediation is successful, spouses can drastically shorten the timeline for divorce, as they qualify for an uncontested divorce based on the terms they set. Less time in court also typically translates to reduced overall divorce expenses.
2. More privacy for the spouses
Divorce often requires that couples discuss very private emotional and financial matters in a public setting. From substance abuse and infidelity to gaming addictions and inappropriate spending habits, there are many private details that spouses may need to discuss to reach fair terms for financial and parenting matters.
Mediation provides an opportunity to discuss all necessary topics in a confidential environment. Spouses can factor in concerns and misconduct that they do not want to make part of the public record when settling their divorce disagreements in mediation.
3. Better control over the outcome
When spouses litigate financial or parenting matters, a judge makes all of the major decisions. They look at the documentation submitted by both spouses and then apply state law according to their analysis of the situation.
Couples who successfully mediate have control over the final terms set. For those who feel strongly about securing specific property division or parenting terms, mediation may be a better tool than litigation for achieving their unique goals.
Evaluating outstanding disputes surrounding a divorce with a skilled legal team can help spouses determine if mediation might be a worthwhile option for their circumstances. Successful divorce mediation can empower spouses while protecting their privacy, speeding up the divorce timeline and possibly even reducing their total costs.