- May 19, 2024
- Divorce
Making the Right Choice
Divorce Mediation vs. Litigation
As you are likely well aware, life is filled with choices. So, it should come as no surprise that this fact is true even when determining how to divorce. The right path for you depends upon a host of factors.
The two options you have as you move forward to this next chapter of your life are divorce mediation and litigation.
There are pros and cons to each, and understanding them is key to making the best decision for your personal situation.
Regardless of the path you choose, working with experienced legal representation is crucial. Your Denver divorce attorney can help you weigh your options and make an educated decision regarding mediation and litigation. They will guide you through the legal process, providing advice and counsel on a host of issues that will ultimately determine your future as they assist you in filing for divorce in Colorado. Engaging outstanding legal representation is an investment in your future. Don’t manage this process on your own.
What Is Divorce Mediation?
An Overview
If you and your soon-to-be ex-spouse have an amicable relationship, divorce mediation may be the right choice for you. This non-adversarial approach to legal separation provides a safe space in which couples can negotiate the details of their divorce.
First of all, couples entering into mediation are encouraged to cooperate and openly communicate. Working together is emphasized, but each individual is provided the opportunity to share their wants and needs. Just because a split is amicable, this does not mean couples will initially agree on everything. Working through conflict is part of mediation.
Key to the process is a neutral party, the mediator, who is responsible for fostering communication. Among the responsibilities of the mediator are planning all meetings, identifying areas of discontent, examining pre- and post-nuptial agreements, reviewing financial positions, classifying property, verifying issues to be addressed (child visitation and support), and drafting your separation agreement. Finally, they will file your divorce papers with the Denver courts.
The goal of mediation is to reach decisions regarding the separation that are mutually agreeable to both parties.
Benefits of Mediation
The benefits of mediation are considerable. First, couples work together to create separation agreements that are appropriate for their futures. The process provides them the opportunity to tailor their decision to their specific needs.
Additionally, mediation allows couples to finalize their divorce in a more timely manner and for less money. Without the time and costs that accumulate during court battles, the process moves more smoothly.
Finally, mediation provides couples a greater level of control over the divorce process, as well as increased privacy since all meetings are confidential. This is a particularly attractive choice for some families, especially those concerned with information about them being available to the public.
Couples that enter mediation often experience less stress and anxiety than those who divorce in court.
The process is simply easier. In fact, depending upon your situation, you may be able to meet with your mediator virtually, saving you even more time and energy. In the end, mediation can result in less conflict and preservation of amicable relationships, which is beneficial for everyone, especially couples with children.
What Is Litigation?
An Overview
Divorce litigation is how many people picture divorce proceedings. Each party retains a Colorado divorce lawyer and goes to court where they can present their side of their story. When agreements cannot be reached during the negotiation phase between the two divorce attorneys, a judge is tasked with making final decisions.
Those moving forward with litigation proceedings should plan to retain a family law attorney well-versed in divorce law. These professionals assume responsibility for all aspects of the process including:
- Gaining a complete understanding of their client’s situation
- Preparing and submitting all requisite legal documents
- Gathering and reviewing evidence, including financial records
- Drafting proposed separation agreements and parenting plans (if necessary)
- Negotiating on behalf of their clients
- Providing representation in court, if need be.
Engaging a skilled divorce attorney is critical when you select the divorce litigation route for your separation.
How Does Litigation Work?
Divorce litigation is structured and relatively inflexible. Because couples who choose this route often have less than amicable relationships, the process can be contentious in nature.
The litigation process can be incredibly time consuming and, based on the number of hours of legal representation required, very expensive.
The multi-faceted process includes filing the divorce petition, exchanging evidence, submitting motions, and negotiations. While reaching an agreement during the negotiation process is the ultimate goal, it is not always possible. Some couples simply cannot agree and require a trial before a judge to finalize their divorce.
When Is Litigation the Best Choice?
While the benefits for mediation are considerable, there are situations where it simply is not a viable options, and litigation is warranted. These include, but are not limited to:
- High-net-worth divorces
- Abusive relationships
- Imbalance of power
- Extreme disagreements about separating.
These instances simply make mediation impossible. Those needing or electing the route of ligation should not view their decision as a sign of failure; it’s simply the best choice for them and their families.
Moving Forward, What Should You Do?
It’s Not a Question of Right Versus Wrong
When two people get married, they do so with the hope that their union will last forever. However, life does not always go as expected; situations and people change. When this happens, couples often come to the realization that they would be better apart than they are together.
Once this decision is reached, couples need to determine the best way to move forward. First, each should engage legal representation. Regardless of whether they choose mediation or litigation, they should make sure they have guidance to protect their futures.
The choice of whether to pursue mediation or go the traditional route of litigation is influenced by a number of things, most importantly the current state of your relationship. When couples decide to divorce, the atmosphere surrounding their relationship can range from calm and amicable to tense and volatile, and everything in between. Clearly, relationships that are more contentious would need to take the path of litigation, while those that are more civil may find mediation preferable.
Price Family Law Is Well-Positioned to Help You
Divorce Mediation vs. Litigation: Providing You the Support You Need
Perhaps the most important step to take after you have determined that it is time to formally end your marriage is engaging experienced and knowledgeable legal representation. This professional can not only help you determine the most appropriate way to proceed, but also help to protect your best interests.
Led by Trista Price, the team at Price Family Law is composed of outstanding family attorneys experienced in guiding their clients through the twists and turns common when divorcing. They are well-versed in providing counsel on a broad range of relevant issues including, but not limited to, child custody and support, valuations, property division and spousal support. Because they are well-versed in both divorce mediation and litigation, they can review your situation and help you to determine the best choice for your specific needs.
Contact Price Family Law Today
Price Family Law is ready to go to work for you today. Whether you elect to engage a mediator or take your case to court, we know what to do and how to do it.
For years we have been providing high-quality legal services to families in Denver and the surrounding areas. Our team is well-versed in Colorado divorce law and has hands-on experience with both mediation and litigation.
As service providers, perhaps the greatest testament to the value we provide are the words of those for whom we have worked.
Their testimonials illustrate the quality service we have provided in the past and strive to continue to offer in the future. We are proud of our reputation and are committed to working tirelessly on behalf of the people of Denver.
Additionally, and perhaps most importantly, we are committed to providing hands-on, responsive service. We recognize the emotions involved in the divorce process and the stress that often results. As such, we pride ourselves on providing empathetic and calm communication, always answering your questions as they arise.
Finally, just as no two people are identical, neither are any two marriages or any two divorces. We listen as often as we speak, as the information you share and the details you provide make a very real difference in the path you take to dissolve your marriage and structure and terms of the agreements made during this process.
Price Family Law is committed to serving families in Denver, Colorado. We welcome them into our firm and treat them with the same level of respect as we do members of our own family.
Have you come to the difficult conclusion that your marriage is over? If so, contact Trista Price and her team at Price Family Law at 720-615-1750. We are ready to meet with you and guide you through the divorce process, either through divorce mediation or litigation.
