Divorce mediation services allow couples to work through disagreement outside of the court system. Instead of asking for the court to make a ruling on property division, child custody, and other issues, a neutral mediator can work with both parties to arrange a successful compromise. Our Fort Collins divorce lawyer can provide mediation services and cost-effective, low-stress alternative to formal court hearings.
The family law attorneys at The Law Offices of Stephen Vertucci are experienced litigators with decades of combined experience navigating Colorado’s requirements for the fair and equitable division of marital assets and debts. We are also full-service divorce lawyers with a strong track record of satisfied clients in child custody cases, child support orders, and spousal maintenance determinations. At The Law Offices of Stephen Vertucci, we offer the following:
If you’re facing divorce in Fort Collins, the attorneys at The Law Offices of Stephen Vertucci are ready to put our experience and dedication to work in achieving your goals in divorce so you’re better prepared to move forward.
One of the pros of divorce mediation is a faster process. Rather than waiting weeks for your court date and going through the difficult – and often emotionally trying – process of a trial, you and your spouse can arrange mediation for a time that works for both of you. Mediation could also be faster than trying to work out the arrangements between just you and your spouse. A mediator can help you avoid confrontation and organize issues and talking points in terms of importance. You can minimize inefficiencies and unnecessary costs by choosing mediation for your divorce case.
Mediators work across many different civil legal practices, resolving disputes among parties. In Colorado, divorce mediators are state qualified professionals who understand state divorce laws and the court system, have completed a minimum of 40 hours of mediation skills training, and understand the emotional nature of the divorce process. Many mediators are also divorce attorneys.
For the mediation process to work, couples need access to a knowledgeable, unbiased, and qualified mediator. Strong candidates demonstrate legal expertise, have a track record for success, and can present an actionable plan for mediation. With the right Fort Collins divorce mediation lawyer, you and your spouse can agree to fair and comprehensive divorce terms without the need for lengthy and emotional court hearings.
Before you hire a Fort Collins family law attorney for a contested divorce, talk to your spouse about investing in divorce mediation services in Colorado. The solution may provide the right level of support that you both need to file for an uncontested divorce.
Colorado’s divorce laws compel spouses to divide and distribute their marital assets and debts in a way that’s fair, if not exactly a 50/50 split. During the divorce process, both spouses must make full financial disclosures and submit any financial documents requested by the other spouse’s attorney. In the best-case scenario, both spouses review their marital assets and choose a fair division for themselves so an impartial judge doesn’t have to decide for them. One way divorcing spouses do this is by attending mediation sessions so a divorce mediation lawyer provides a neutral party’s guidance and suggestions for a fair resolution. During the process of dividing marital assets, divorcing spouses and their attorneys must determine which assets are each spouse’s separate assets and which are marital assets that are subject to division. Separate assets are any of the following:
These typically remain the spouse’s separate assets unless intentionally or accidentally comingled with the other spouse—for instance, if one spouse invests time and/or money into improving another spouse’s property, they may have a right to a share of the improved value.
Marital assets must be divided fairly between divorcing spouses. Common examples of marital assets include:
A mediation lawyer in Fort Collins often has solutions for dividing property fairly that the spouses might otherwise not have considered and can help them come to mutually acceptable terms for a divorce settlement agreement.
Colorado mediation lawyers also help divorcing spouses resolve child custody and parenting time disputes. Colorado family courts decide all matters with the best interests of the children as their highest priority. The courts uphold the standard that continued close contact with both parents is what’s in a child’s best interests.
A mediation attorney can propose a number of different shared parenting time schedules and help spouses to come to terms on a schedule that best suits their family’s needs.
Those who wish to work through divorce issues with a Fort Collins divorce mediation lawyer can begin services immediately – even before they file for a divorce. During the mediation, you do not have to worry about accommodating the schedules of multiple attorneys, judges, and the local court system. Instead, the mediator and spouses can choose a meeting time and location that works best for them.
All mediation meetings are completely confidential. Divorce mediators do not take sides or work for any one party. They act as communication facilitators, divorce guides, and trusted advisors. Most couples schedule several mediation sessions before they arrive at suitable separation and custody agreements. Every mediation is different and caters to the needs of the spouses involved. For some couples, that means focusing heavily on asset division and tax planning. For others, it means working through child custody issues and developing a working visitation schedule.
When both parties agree to the terms of the separation, the mediator will compile a full and final document set for each spouse. Afterward, satisfied spouses can move forward with filing for an uncontested divorce and finalizing their decisions.
Divorce mediation works well for couples who feel comfortable openly discussing their issues and working through them. It does not always work out for those who strongly disagree and could never come to a decision on their own. Consider investing in divorce mediation services if you and your spouse:
It is up to you and your spouse whether you can divorce using only a mediator. The laws in Colorado do not require a full-blown court trial for an official divorce. Legally, you can get a divorce with just a mediator. Whether this will be what happens in your case, however, depends on how well you and your ex-spouse can work together. Mediation will only work if you and your ex-spouse keep open minds during the meeting. You will both need to be open to compromising and negotiating with each other if you wish to avoid a trial.
With the help of a professional mediator, most divorcing couples can reach agreements without needing to take the case to arbitration or a trial. Mediators have trained communication and facilitation skills that can help you and your ex-spouse get more things accomplished than you likely would on your own. If mediation succeeds, your divorce case can end there. You will send the agreement you and your ex-spouse drew up with help from your mediator to the courts for a judge to sign off on its terms. The judge’s signature will finalize your divorce, with no trial necessary.
During mediation, you, your ex-spouse, an unbiased third-party mediator and/or your attorneys will meet someplace, usually in an office in the courthouse. Mediation can be as formal or informal as you want. Mediation differs from arbitration, in which a panel of judges will decide the outcome. Think about mediation as just an elevated form of talking with your ex-spouse privately. You and your ex will still be ultimately in charge of the divorce arrangement you make, but a third-party mediator will be there to help you sort through the details and come to a fair compromise.
You will need to get your ex-spouse to agree to mediation, as this is not something you can force him or her to do. If your spouse wants a traditional divorce trial, you may not have any option but to oblige. Some state laws require a good-faith effort at mediation before allowing a divorce case to proceed to trial. Once you are both sitting in front of a mediator, with or without your attorneys, you will discuss important factors such as child custody, child support, property division and alimony. You can discuss and work out complex issues during mediation. However, you both may need to gather additional information to continue resolving complicated factors, such as a retirement plan or a child with special needs.
If you believe mediation could be the right solution for your family’s divorce case, discuss this option with an attorney. Your attorney will know more about your individual situation and how to find the best mediator for you. For child custody, for example, your mediator should be someone with experience in this type of conflict resolution. Once your lawyer finds a suitable mediator, he or she can help you begin the process. If you can succeed during mediation, you and your spouse can both save time and money on the divorce process. If mediation sounds like the right choice for you, contact a Colorado divorce lawyer for more information.
Mediation is a private, low stress, cost-effective, and comparatively fast way to process a divorce. With the right mediation team on your side, you can also use the process to quickly file all of the requisite paperwork and finalize your divorce. In Colorado, all couples must wait a minimum of 90 days after filing the appropriate documentation before a court will finalize the decision, but mediation can shorten the overall timeframe of a divorce. Contact our firm today and let our Fort Collins divorce mediation lawyer be your supportive guide, providing expert advice to help you navigate the legal intricacies seamlessly.