Family Law Blog
Colorado Attorneys - Kaplan Law, LLC
Why Mediation May Be Better than a Court Battle for Your Divorce
By Denver Divorce Lawyer on November 3, 2011
The decision to divorce is difficult, but is sometimes necessary for a couple with a deeply troubled relationship. Unfortunately, pursuing a divorce via the traditional route of formal litigation and court appearances can make the relationship even worse. The traditional court divorce pits one spouse against the other to try to convince a judge to rule in their favor. The process of formal divorce litigation, where each spouse retains their own divorce attorney and sits at opposite sides of the courtroom, encourages animosity and can turn the divorce into a heated court battle, potentially ruining any chance for a civil relationship post-divorce. This would be especially hard on children. Thankfully, there is an alternative.
There are some circumstances where a civil relationship between a husband and wife post-divorce is unlikely, such as if one spouse was unfaithful or betrayed the other’s trust in some other way. However, in many cases, couples mutually decide to divorce and maintain a level of friendship, or at least civility. For these couples, formal litigation can ruin the relationship and the best option is mediation.
Mediation involves an objective third-party that works with the couple to come to an agreement on issues such as distribution of assets, child custody and support, spousal support, parenting time, and others in a more private and open environment. The couple will still need to go to court to file for divorce, however. Although it is not necessary, each spouse can still consult with their own divorce attorney and formal litigation is always available. Because the mediator helps the couple come to an agreement themselves, it is more likely that there won’t be problems later on, as opposed to a decision a judge imposes that one spouse or the other does not agree with.
At Kaplan Law, LLC, our dedicated mediation attorneys in Colorado can help you and your spouse maintain a civil post-divorce relationship by facilitating the important discussions that will lead to the necessary decisions on financial and personal matters. In court, the judge decides what is best for you and your family. In mediation, you decide. To learn more about mediation, call us today at (303) 458-5500 for a consultation.
Mediation May Offer “Best Practices” For Settling the Financial Questions in a Colorado Divorce
By Denver Divorce Lawyer on June 30, 2011
When business partners discover that their business can’t pay its bills, or that the partners aren’t able to work together, they often ask themselves, “What ways have other people tried to get out of this situation? What are some ‘best practices’ that can resolve our problem with a minimum of hassle and a maximum benefit for everyone involved?”
These questions also apply to a marriage that is falling apart. There are ways to exit your marriage while reducing stress and maximizing benefits for you, your spouse, and your children. However, many people do not ask themselves what the “best practices” for a divorce are. Divorce can be emotionally exhausting, but even the most heart-wrenching separations can benefit from the use of practices like mediation.
Mediation is often used to settle business disputes by allowing parties to work out their differences themselves with the help of a neutral mediator who helps the parties control their emotions and stay on track. When it comes to divorce, mediation offers many of the same benefits. It also gives a couple the chance to decide issues like child custody, child support, spousal support, and division of assets and debts without having to leave those choices to the mercy of a court.
An experienced Colorado divorce attorney like those at Kaplan Law, LLC understands how to use mediation effectively to ease the strain of divorce and to ensure that you and your children get what they need. If you are considering divorce in Colorado, call Kaplan Law today at 1-877-527-5260 to schedule your confidential consultation today.
Mediation May Only Work During the Most Amiable of Divorce Cases
By Denver Divorce Lawyer on August 11, 2010
According to a recent USA Today article, a more amicable trend regarding divorce matters is taking place all across the country. That is, whereas many divorces are characterized by longer, drawn out proceedings that are fueled by disagreements and sentiments of anger; a new approach is being utilized by more and more couples looking to end their marriages. Mediation proceedings are being used more often as a means of deciding division of property, child custody agreements, and other facets of family law matters.
Using this approach, couples basically sit down with one another and calmly decide how best to go their separate ways, discussing division of assets, who should stay in the family home with children, how often children may be visited and whom the children will primarily live with. Under the most ideal of circumstances, mediation may be the answer for a couple getting a divorce. However, it is important to keep in mind that during a more stressful divorce process, rationally being able to make important decisions is extremely difficult.
While the mediation approach may work for some couples, not all cases of Colorado divorce and separation are the same. Unless a couple is in mutual agreement that their marriage should end, and unless that couple is able to reasonably discuss matters without any sense of heartache or emotionally fueled anger, then mediation may not be the most viable option for them. Divorce proceedings can be very complicated, and it is important to keep in mind that a fair division of assets and other reasonable decisions should be the end goal for all parties involved.
There are multiple factors that need to be carefully examined during divorce proceedings. When young children are involved, there are even more details that need to be considered. Regardless of your situation though, it is always a good idea to retain the services of a skilled family law attorney in the event that divorce is the only solution to your marriage. If you’re thinking about filing for divorce in Colorado, please contact the Denver divorce lawyers at Kaplan Law, LLC. Our Colorado family law attorneys will fight to ensure that all decisions made are equitable, keeping your best interests in mind at all times. For more information, please call us today at 1-877-527-5260.
