Arbitration

What is Arbitration?

This is a method of alternative dispute resolution involving the use of a neutral third party (“arbitrator”) who issues a binding decision regarding a disputed issue or issues. Arbitration is usually cheaper and quicker than resolving a dispute through the court system. However, the decision of the arbitrator cannot be appealed. Normally, issues involving parenting time and decision-making cannot be arbitrated.

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

Do I Need To Go To Court To Get A Divorce?

If you are considering divorce, you may feel daunted by the legal process. You may even begin to feel anxiety when you start to consider the cost and time court proceedings may require, and the loss of control over the outcome of your case when a judge is calling the shots. However, court is not inevitable, and it isn’t the only solution for divorce proceedings.

Mediation is one of the options available to you if you want to avoid court and is usually ordered by most Colorado judges before parties will even be able to proceed to trial. Mediation is a process in which a neutral third party, called a mediator, is hired to resolve the case. This process will ensure that both parties have a say in the results and that the outcome is balanced and fair to all parties involved. Additionally, the process is more streamlined, less expensive, and more private than court proceedings would be. If you and your spouse and the mediator can come to an agreement, the agreement will be written into a Memoriam of Understanding, which is then signed by the court. After the Memoriam is signed, it will be incorporated into a more formal and detailed Separation Agreement.

Arbitration is another possible option to avoid court. Arbitration, just like mediation, is a more private and efficient alternative to court. Both parties need to agree to arbitration before it begins, otherwise, arbitration cannot be ordered. A professional, called an arbiter, will be presented with all the facts and make a final decision in the case. Arbitration is more like court, with the arbiter acting as a sort of judge, however, the process is less public, less expensive, and less time-consuming. Arbitration also offers a more relaxed environment for each party to present their side of the story. After the arbiter has made a final decision, court is no longer an option, as the arbiter’s decision is valid and enforceable by the court.

Court is more costly than either arbitration or mediation because it will require more of your attorney’s time. This can be especially true if proceedings are contentious and are dragged out. In addition to the cost, you lose the ability to make decisions in your own case. Once the case goes to court, the decision is in the judge’s hands, whether it be a divorce, a child custody issue, or a post-decree issue. Mediation and arbitration allow the involved parties to retain some control and negotiate with the other party. While it is ideal to have more control and keep the case outside of court, it is sometimes unavoidable if you and your spouse cannot come to an agreement. In this case, it is especially important to have a capable and competent attorney by your side to walk you through the court process and tenaciously represent your interests in court.

In the end, it is possible to avoid court if you and your spouse can come to an agreement on your own or in mediation or arbitration. All three options are less costly, more efficient, and allow you more control over your own situation than if you take proceedings to court. To decide on the best option for you and your circumstances, it is recommended you hire a strong and capable attorney to advise you on your choices and the details of those choices. The right attorney will also help guide you through the entire process no matter what choice you make, whether that be inside or outside the courtroom.

Category: arbitration

Arbitration

What is Arbitration?

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