Divorce / Post-Divorce

Divorce & Post-Divorce Services

CoMA assists families in resolving disputes, both during & after divorce.

Domestic Relations MEDIATION: In Colorado, many courts require couples to mediate contested domestic matters before the judge will hear the case, regardless of whether the couple has retained legal counsel. Mediation is frequently ordered by the court in contentious domestic matters to determine whether agreement can be voluntarily reached before the judge imposes a decision.

Domestic Relations ARBITRATION: CoMA provides arbitration in domestic matters. The parties may select an arbitrator, or the court may appoint an Arbitrator, with the consent of all parties, to resolve disputes concerning the parties’ minor or dependent children, related to parenting time, nonrecurring adjustments to child support, and disputed parental decisions. In domestic cases, an arbitrator acts as a private judge. Unlike commercial arbitration, a Domestic Arbitrator’s award may be challenged through a de novo hearing, allowing the court to retain jurisdiction over the case (see Colorado House Bill 05-1171).

Common Divorce Questions & Mediation Benefits

Mediation benefits couples who are represented by attorneys, AND couples who are ProSe, or representing themselves before the courts.

• Who Decides When We Can't Agree or if Mediation Fails?  In contested matters, the judge or magistrate decides and issues an order that is binding.  Often the court relies on the services of Professionals, such as Child Family Investigators (CFI's), Parenting Coordinators (PC's), and Psychologists. You may or may not agree with the court order or the professional's findings and written reports.   Gaining agreement through mediation allows couples to retain a greater degree of control over the decisions that affect their personal and family lives. Agreements are more creative and can be tailored to address specific concerns of the restructured family.  Couples who participate in creating their own agreements tend to be happier and abide by the agreements that they have created. 

• How Long Before My Divorce is Final?  Mediation saves time.  The mandatory waiting period after filing for divorce is 90 days in Colorado. If all documents are complete, your Decree may be entered on or after the 91st day, or at the conclusion of your Contested Hearing.  It is not unusual for a contested divorce to take up to two years to complete in many Colorado District Courts.   You and the other party may be required to participate in mediation prior to a Contested Hearing, whether or not you are represented by an attorney.  This is an opportunity to resolve any issues.  You will need to provide proof of the mediation to the Court.  Couples who mediate with CoMA generally complete all documents and agreements within the 90 day timeframe.
   
• How Much Does Mediation Cost?  Mediation saves money.  Couples who mediate with CoMA generally spend $2500 or less to complete divorce agreements and paperwork.  This represents 3 four hour sessions with a mediator.  Some homework may be assigned inbetween sessions. While hourly rates for mediation may be similar to what an attorney may charge, the couple generally splits the fee, and the number of billable hours necessary to produce agreement are generally a fraction of the time necessary for litigation of a contested divorce. Agreement is not guaranteed in mediation; however, there is no guarantee of specific outcome in the courts, which is why the court of appeals exists. Some of the most contentious cases are those brought after the divorce is finalized: Post-Decree Disputes. Mediation resolves conflicts while preserving relationships; enhancing the possibility of a more tranquil restructured family life.

Mediator’s Role:

Expectations about the Mediator’s role vary widely; for this reason, CoMA incorporates recommendations of the Colorado Bar Association: Recommended Guidelines Regarding Unauthorized Practice of Law Issues in Mediation, adopted October 7, 2005.

Mediation Process:

Preparation: Participants bring all relevant information and documentation to the mediation session, to effect accurate and complete agreements. Parties are given specific homework to complete between mediation sessions in order to facilitate the timely completion of necessary agreements.

Confidentiality: Unlike legal proceedings which are of public record, mediation is a discreet and private process. It maximizes family dignity in resolving disputes.

Mediated Agreements are Voluntary: Participants cannot be compelled to agree on any issue. Partial agreements may be reached in mediation, leaving any unresolved matters open for the court to rule on.

Legal Advice / Legal Review: Mediators don’t provide legal advice; rather, their role is to generate options for settlement and facilitate clear communication between the parties in order to bring the matter to conclusion. Pro Se Parties are encouraged to obtain Legal Review prior to submitting the Memorandum of Understanding to the court for final orders.

Pro Se Divorce: While CoMA encourages parties to seek legal counsel, it is clear that people make the decision to retain legal counsel or not, based on a variety of factors. An American Bar Association study of self-represented litigants showed:

• About 20% of self-represented litigants report they can afford an attorney but choose to represent themselves because they feel they have more control over the process.
• Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys
• Almost 75% of those who represented themselves in court said they would do it again