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Better Mediated Colorado Divorce Separation Agreements


Summary:  Divorce separation agreements which are negotiated as a result of a mediation, are much more likely to be followed by both parties. These voluntary agreements are better tailored to the needs and circumstances of both parties. Both parties are heard and informed decisions are made. This is In contrast to a hurried win-lose court proceeding.


The Advantage of a Mediated Divorce Separation Agreement, versus Court Orders

Generally almost every separation mediation or divorce mediation in Colorado will result in a written separation or divorce agreement. The agreement will cover all major separation decisions, including division of property and debts, co-parenting time and decision-making, child support, maintenance (alimony), retirement plan assets, and insurance coverage.

If the parties are well-informed and reach agreement voluntarily, they will be more likely to follow the agreement. Because the agreement is one that the parties themselves have voluntarily negotiated. In almost all cases, both parties get their most important needs met. The communication between the parties is more thorough and various alternatives are often considered before the final agreement is made. As future circumstances changes (as they always do), the parties are then able to address their changing needs and amend their agreement as necessary. This is particularly true of parenting plans. Parenting plans change over time.

In contrast, if the court makes the permanent separation orders, generally those orders are not going to take into account many of the circumstances and reasonable needs of the parties. This is true in part because of the time constraints on the judges. Judges do not have the time to carefully consider the unique needs of each party. Also, it is often very difficult to communicate each party's situation and needs to the judge.

And, in almost all cases, court hearings are heated adversarial procedures where the goal is to "win" so that the other party "loses." The focus of the parties and their attorneys is to fashion a win-lose result, rather than a win-win result. The "loser" often leaves the courtroom thinking that he or she has not been properly heard. That is probably true in many cases. The parties often leave the court room as enemies such that they are unable to make changes to the orders as the future needs of their children and personal circumstances change. Family relationships suffer. Generally, both parties (and their extended families) lose. This is a poor way to try to accomplish much of anything.

GIF The material on this web site is for informational purposes only. This law firm practices only in Colorado. An attorney-client relationship is established only when an agreement as to the scope of representation and fees has been signed and a retainer paid. Colorado law may consider these web site materials to be attorney advertising. GIF
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