Divorce Mediation vs. Court
When a couple weds, they have high hopes for a long and happy marriage. Unfortunately, as statistics tell us, nearly half of marriages end up in divorce. Divorces can be messy and contentious affairs. It is not easy to divide assets, settle financial affairs, and agree on a child custody arrangement, especially when you are not getting along with someone.
Divorce attorneys at Dunsing, Deakins & Galera, LLC can assist clients through divorce proceedings, whether they happen through mediation or court. We are happy to help our Denver and Vail Valey, CO clients consider the differences regarding divorce mediation vs. court, so they can choose the process that is right for them.
Mediation is an alternative to a court proceeding. Mediation may be a great option for many of our clients going through a divorce. The mediation process tends to be quicker, much more affordable than a court hearing, and it gives each spouse greater control over determining how divorce matters will be settled.
Mediation is attended by each spouse, as well as a neutral mediator. The mediator has no authority to make legal decisions. Instead, they facilitate discussions between the spouses, and offer remedies that can resolve issues in a way that may be beneficial to both parties. Even when spouses seem to be in complete disagreement, a mediator can be surprisingly effective at helping the parties come together to settle their differences.
If mediation is a success, in most cases, the spouses will not have to attend a court proceeding. Instead, they will compose agreements that detail how marital assets will be divided, whether or not spousal support will be provided, and, if the couple has children, how custody will be shared and what type of child support will be provided. Once signed, these documents are provided to the court. Divorce agreements signed in mediation become legally binding.
Although mediation can be beneficial for many divorcing spouses, it is not the right option for all of our clients. If a marriage is especially hostile, mediation may not be a good choice. There are also times when a couple attempts mediation and finds that they are unable to come to agreements that are acceptable to both parties. In cases such as these, a court proceeding will be necessary.
When a divorce is settled in court, each party attends with their own attorney or legal representation. Each side is allowed time to present an argument for how they would like to see divorce matters settled. Spouses can propose their own division of assets and, if applicable, a child custody arrangement. A spouse can also request spousal support, or alimony.
After hearing both sides present their case, a judge makes a ruling on how divorce matters should be settled. Any decision made by the court is legally binding.
Today, nearly all courts require parties to attempt mediation before they are given a court date.
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When filing for divorce, it is beneficial to have a knowledgeable attorney on your side. If you would like to find out how the divorce attorneys at Dunsing, Deakins & Galera, LLC can help you negotiate a divorce settlement that is favorable to your position, send us a message at your earliest convenience, or call (303) 758-8981 or (970) 343-0023.