DOES EVERY DIVORCE NEED TO BE LITIGATED IN COURT?
March 7, 2019
It goes without saying that many couples in Colorado who choose to end their marriage have a certain amount of hard feelings between them. However, it is important that they treat each other respectfully. This can make the divorce process run more smoothly, especially if they are able to negotiate their divorce issues. Many couples may find more satisfaction by settling their divorce without having to go through the stress and cost of a lengthy trial.
For example, some couples choose to mediate their divorce. A mediator is a neutral third-party who facilitates discussions between the spouses as they negotiate divorce issues, such as child custody, property division, spousal support and child support. Spouses who choose mediation can still be represented by an attorney if they wish.
Another possible option is collaborative divorce. In a collaborative divorce, each party, along with their attorneys, agree to reach a resolution without having to litigate the matter. If any issues cannot be resolved through the collaborative divorce process, then the attorneys must bow out of the case, and the parties will have to retain new attorneys to litigate their divorce. This provides an incentive for all parties to work together to reach an agreement. And, like mediation, when couples work together to craft a settlement, they are often more satisfied with the end result.
Ultimately, there are good reasons for divorcing couples to try to reach a settlement out of court. Negotiated settlements can save time, money and can ultimately be less stressful than having to go through a full-blown trial. Moreover, when each spouse has a say in the negotiations, they may walk away from their divorce feeling that the ultimate settlement was fair and appropriate.