Denver Divorce Attorney

While divorce is naturally difficult, it does not have to be fraught with conflict. Choosing the right divorce attorney is often the best way to make the divorce process as collaborative as possible.

YouLaw stands out for its innovative, virtual approach to catering to your family’s legal needs. Whether you require mediation, on-call legal consulting, or full-time representation, we offer a range of options to fit your circumstances. This firm believes in transparency and honesty regarding costs and will always guide you toward the most suitable option that aligns with your budget and expectations. Additionally, YouLaw has access to conference rooms across Denver, which enables us to meet you in person for initial or subsequent meetings.

For a free case review with a divorce lawyer who cares, contact YouLaw Colorado at (720) 815-4421.

Using Mediation as an Alternative to a Divorce Trial in Denver

Divorce mediation in Denver is a strong alternative to traditional courtroom battles. It can provide numerous benefits that a divorce trial typically denies, including saving time and money. Our divorce attorney usually recommends mediation because it offers a platform for open communication and mutual decision-making. This approach often leads to better outcomes, reducing both parties’ emotional and financial strain. It can also be used at any point in the process.

Mediation Before Filing for Divorce

Before filing for divorce, couples might opt for mediation as a means to amicably resolve their differences and reach mutual agreements before ever stepping foot in a courtroom. Mediation provides a platform where they can openly discuss their issues, guided by a neutral third party, the mediator.

The mediator facilitates communication, encourages understanding, and helps the parties explore solutions to their disagreements. This stage can cover a wide array of issues, including division of property and child custody. Successful mediation typically results in a “memorandum of understanding,” outlining the divorce terms, which can then be formalized into a legally binding agreement.

Court-Ordered Mediation

Once a divorce has been filed, the court prefers to have the spouses work through their issues in mediation unless there is a good reason they should not. This is especially true in cases where child custody and property division can be resolved amicably. During this phase, the mediator does not make decisions or impose solutions but rather guides the discussion and assists the couple in reaching mutually acceptable agreements.

This method often results in more satisfactory outcomes for both parties than court-imposed decisions. Moreover, it reduces the adversarial nature of divorce proceedings, allowing for better co-parenting relationships post-divorce.

While a court usually suggests mediation, it might not be best in certain situations. Under Colo. Rev. Stat. § 13-22-311, the court is not allowed to refer the case to mediation services or dispute resolution programs in cases where one of the parties claims to have been a victim of physical or psychological abuse by the other party. This applies regardless of whether the party has previously participated in such services.

Moreover, the court might exempt any case in which a party files a motion objecting to mediation within five days of the order. This objection must provide compelling reasons as to why mediation should not be ordered. Such reasons might include the high costs of mediation in relation to the requested relief or previous unsuccessful attempts to resolve the issues.

Mediation After the Divorce is Finalized

Even after the divorce is finalized, it is not uncommon for issues to arise that require further negotiation and discussion between the parties involved. These issues could include changes in financial circumstances, relocation of a parent, or changes in children’s needs, among others. In such cases, mediation can be an effective tool in resolving these post-divorce disputes amicably.

This option is a much more flexible platform for discussing changes and finding solutions without the need to return to court. This ongoing communication can be especially beneficial for couples with children, as it fosters better co-parenting relationships and helps them come up with mutually acceptable solutions that are in the child’s best interests.

Understanding the Divorce Mediation Process in Denver

While almost everyone is familiar with the concept of divorce and mediation, the actual process is still a mystery to most. Understanding the mediation process is often the best way to determine if it would apply and work best for your situation. The guide below details what you can expect when entering divorce mediation in Denver:

Orientation

The initial stage of divorce mediation is the orientation phase. This step involves introducing the spouses to the mediator and the mediation process. The mediator will explain their role as a neutral third party, the purpose of mediation, the rules, and what the couple can expect from the process.

This stage is crucial for establishing rapport, setting the tone for open communication, and ensuring that both parties understand the process and its potential benefits.

Framing Each Spouse’s Position

Framing is arguably the most critical part of the mediation process, as each spouse gets to give their perspective on the issues at hand. These could range from child custody and spousal support to property division.

At this stage, the mediator should help each party articulate their concerns, needs, and goals in a respectful and non-confrontational manner. This phase also allows the mediator to gain a comprehensive understanding of the situation and the points of contention between the spouses.

Identifying Possible Solutions

Once the issues have been framed, the next step is to explore possible solutions. The mediator will facilitate a discussion to generate a range of potential outcomes that address each spouse’s concerns and desires.

This stage encourages creative problem-solving and collaboration as the parties work together to identify options that meet their mutual interests. The mediator’s role here is to guide the conversation, ensure fairness, and keep the focus on constructive resolution. However, they will not provide legal counsel or guide the parties to any particular decision.

Negotiating the Final Agreements

The final stage in the mediation process is negotiation, where the spouses work out the specifics of their agreement. This involves fine-tuning the details of the solutions identified in the previous phase.

The mediator helps ensure that the negotiations remain productive and respectful and that both parties understand the implications of their decisions. Once a consensus is reached on all issues, the mediator assists in drafting the memorandum of understanding, outlining the terms of the agreement, which will then be formalized into a legally binding document.

Divorce Mediation in Denver is Confidential

In divorce mediation, confidentiality is a fundamental principle that safeguards the integrity of the process. According to Colo. Rev. Stat. § 13-22-307, all discussions, oral or written, that occur during mediation are confidential. This means that neither party nor the mediator is permitted to disclose any information exchanged or discussed during mediation sessions, even to a judge.

However, this does not apply to any written agreement signed by both spouses. It also does not include information all parties consent to disclose or statements that signal an intent to commit a crime.

Our Denver Divorce Attorneys Are Here to Help During this Difficult Time

Call YouLaw Colorado today at (720) 815-4421 to receive a free case assessment with a divorce attorney who understands your needs.