Differences Between Litigation and Mediation in Colorado
Couples have options on how to handle divorce proceedings in Colorado. Understanding the differences between litigation and mediation in divorce allows you to take more control over the outcome of a Colorado divorce. While Colorado family courts may require mediation before pursuing litigation in the divorce process, having crucial information about both approaches to dissolving a marriage can help you choose the most suitable avenue for you.
Costs Can Be Significantly Less in a Mediated vs. Litigated Divorce in Colorado
Litigated divorces require each partner to retain a divorce attorney. Depending on the spousal relationships, retainer fees may quickly deplete as litigation stretches with uncertainty into the future, raising the costs of attorney fees.
Contentious attitudes may significantly raise your costs for divorce. Reducing conflict during divorce is optimal but not always possible. Couples who can work together can cover mediation costs together. The process typically takes several hours instead of weeks or months, significantly reducing your costs in a divorce.
More Control of the Process and Outcome of a Divorce is Significant
Most couples want a say in the final divorce decisions that will impact their personal lives and the lives of the children they share. Divorce litigation requires you and your spouse to go before a judge in a divorce hearing. After listening to each party’s side, a judge will rule on critical decisions that impact your life.
Mediation does not involve a judge. A mediator sits down with you and your spouse to facilitate decision-making as you work together to find common ground on critical issues. You and a spouse can retain control over the divorce process using the guidance of a Colorado mediation lawyer in Broomfield.
Mediation gives parents vital input into significant matters, such as child custody, parenting time in Colorado, educational options, and other impactful decisions based on an understanding of your child’s needs. The court makes these crucial decisions in litigated divorces and child custody arrangements.
The Duration of the Divorce Process Is Minimized
On average, mediation generally involves couples meeting two to three times with a mediator before concluding divorce details. Some couples may require less time. However, financial complexities and challenges you may face in a high-asset divorce can make the mediation process longer while still requiring less time than litigation, which revolves around court schedules.
A Reduction in a Divorce’s Emotional Impact May Occur
Couples who share children must remain capable of working together. Litigation can be more aggressive, leading to harsh feelings and resentment. Your feelings for a spouse may diminish. However, your child deserves a parental relationship free of hostility and anger to protect their emotional stability.
Meditation encourages resolution. Even after divorcing, former partners will continue to resolve familial challenges together. Amicable relationships benefit both you and your children.
It can be easy to fall into unhealthy patterns in a divorce, and ultimately, the best way to end a marriage may be with the guidance of a divorce attorney in litigation. These signs that your marriage is on unsteady ground can make litigation the more productive option.
Deciding Between Litigation and Mediation in a Colorado Divorce
No one understands your marriage better than you. While mediation can provide significant benefits to divorcing spouses, litigation may be necessary to achieve fairness and to set legal parameters as guardrails after a marriage ends. Learn more about the litigation and mediation services available in a Colorado divorce.