Divorce and Family Mediation Questions
Q. Will mediation save us money in getting a divorce?
A. Yes, mediation usually results in a mutually agreed to resolution that is far less expensive than hiring attorneys and going through the litigation process in the courts. Also, both parties will be more satisfied with a divorce agreement that is decided by them rather than a judge.
Q. Is court necessary to get a divorce?
A. Yes, only the Court can issue the Final Judgment of Divorce and give approval of any family and property settlement agreements reached by the parties. But you don’t have to involve the court to determine the resolutions and decisions. You can resolve your divorce in mediation and just use the court to approve all the decisions you made about your divorce in mediation.
Q.If my spouse and I cannot reach a resolution, will we have to go to court?
A. Yes, if you cannot resolve your divorce and reach an agreement in mediation you would be required to go to divorce court. Most mediations result in an agreement and settlement without the need to go to court. The mediation process results in decisions regarding children, custody, visitation, support, property and assets rather than the Court.
Q. Can my spouse refuse to attend mediation?
A. Many times spouses initially say no to a mediation because they may feel you have selected the mediator for your advantage and that the mediator may not be neutral. Mediators are trained and certified to use strict neutrality and professionalism when involved in mediation cases.
Q. Do my spouse and I have to be in agreement to come to mediation?
A. Not necessarily. The only thing you have to agree on is to attend the mediation. At the mediation all other issues then are open to discussion, and if agreement can be reached it is up to the parties.
Q. Is an attorney required for mediation?
A. Retaining an attorney is not required for mediation, but it may be to your advantage to consult with an attorney prior to, during and after the mediation process to answer any legal questions you may have. Mediators do not provide legal advice.
Q. What is discussed during the mediation?
A.In a typical mediation, the following issues must be addressed in order to generate an agreement that may be submitted with the court:
Child Custody: Parenting responsibility and time; living arrangements; legal and physical custody; insurance, education, support and many other issues.
Assets and Debts: How these will be apportioned
Property: Marital home, cars, other personal property
Spousal Support: Whether there will be spousal support, in what amount and for how long
Insurance and Medical Expenses
Tax Issues
Pension and Retirement Plans
Q: What happens after the mediation?
A: After mediation is completed, you will take the Memorandum of Understanding to your attorney for review. An attorney will prepare the final document, which is called a Separation Agreement, Settlement Agreement, or some variation of this legal document, for filing in court. Depending on your preference and situation, either you or the attorney may file the papers for divorce.
Call 303-346-1670 today about our Denver, CO divorce mediation services.
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