Is There Any Way To Shorten The Mandatory Waiting Period For Divorce?

To answer the question above question, we must first delve into what a mandatory waiting period is. In the state of Colorado, there is a mandatory waiting period of 91 days from the date of joint filing or service on the responding party before a divorce can legally be completed. This waiting period is common in a lot of states and is meant to give people time to consider their situation and whether they want to go through with the divorce. However, this waiting period can also feel frustrating, especially if you already spent a lot of time thinking about your situation before filing or if you feel in danger.

With that being said, there is no way to shorten or avoid this waiting period. It is mandatory for every couple getting divorced in the state of Colorado. However, there are a few things that you can do while waiting for the end of your 91-day waiting period. With the help of an attorney, you can ask the court to issue agreements or court orders during your waiting period. These orders can be helpful if you need specific things from the court. For example, it may be difficult to sell your home before the divorce has gone through, but a court order can help with that.  Additionally, it might be helpful to work on filing all the necessary paperwork during your mandatory waiting period and find common ground with your spouse. Completing both of these tasks will make your divorce process go smoother and quicker once you are able to start proceedings.

The easiest way to deal with the mandatory waiting period is to consult with an attorney to see what they can do for your individual situation. If you have a specific reason for wanting to skip the waiting period, it is important to speak with an attorney. They will be able to tell you what is possible in your particular situation, and if you can work within the waiting period to get what you need. To speak to an attorney today, you can call us at (720)542-6142 or contact us through our website.

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.  

 

Which Kinds of Couples Should Steer Away from Collaborative Divorce?

Collaborative divorce is a great option for divorcing couples who are willing to work together to reach appropriate divorce solutions for their unique circumstances. When a couple chooses collaborative divorce, they can save a lot of money and get through the divorce process with minimal stress.

But collaborative divorce is not the right choice for everybody. Some couples simply are not suited to the more freeform structure that comes with collaborative divorce, and these couples are typically best served by litigation or mediation.

Couples who Cannot Communicate Effectively

Successful collaborative divorce hinges on a couple’s ability to communicate with each other effectively. When the partners cannot communicate in a constructive, respectful manner, there is no way for them to reach agreements about their divorce order.

Couples with a History of Domestic Violence

When one partner has a history of abusing the other, collaborative divorce is not the right choice. Even if the abuse happened long in the past, lingering fear, resentment, and a power imbalance make it impossible for the couple to work together in a productive way that serves both parties’ needs.

Couples who Do Not Trust Each Other

Similar to couples who cannot communicate effectively, couples who do not trust each other are not suited to collaborative divorce. After all, if an individual does not trust his or her spouse to be upfront about the state and value of their marital assets, how can he or she expect to have a constructive conversation about them? An individual who suspects his or her spouse is hiding assets may enlist a forensic accountant to locate any hidden assets to ensure they are accurately divided.

Sometimes, outside professionals have to get involved in a divorce to help the couple reach appropriate determinations, like valuing their home so the couple can decide whether to sell it or have one partner buy out the other’s share of its value. This is not the same as needing a forensic accountant to uncover hidden assets ”“ any time there is deception or even suspected deception at play in a divorce, the couple should not choose a collaborative divorce.

Couples who Need Structure and Guidance from the Court

Sometimes, even couples who can work together want the additional support and structure that the courtroom brings. These couples might choose to have the court determine every part of their divorce or just the parts where they cannot reach their own agreement, like their child custody order.

Work with an Experienced Denver Collaborative Law Attorney

Collaborative divorce is not for everybody. If you are not sure if collaborative divorce is for you ”“ or if you are certain that it is or is not the right choice for your divorce ”“ schedule your initial legal consultation with an experienced Colorado divorce lawyer today to learn more about your rights and legal options. Our team at Divorce Matters is here to help you take control of your divorce and move forward in a productive manner.

Is a Collaborative Divorce Right for Me?

A divorce does not always have to result in the courtroom drama. More and more couples are choosing to settle their differences outside of court and come to an agreement on key issues through a process called collaborative divorce.

A collaborative divorce is similar to mediation, with both parties looking to settle outside of court. Both parties are looking to reach a settlement on their own, rather than go through litigation. However, each party is represented by a lawyer, who is available to offer advice and helps the parties reach an agreement. If the process is not working, however, the lawyers must withdraw. The parties must then choose new lawyers and go through a traditional divorce.

A collaborative divorce is a good choice for couples who are willing to cooperate. However, divorce brings out heightened emotions, and if working together with your spouse doesn’t sound possible, a collaborative divorce probably may not work for you.

If you’re considering divorce, you may be wondering if a collaborative divorce is right for you. Read on to learn about the pros and cons.

Benefits of a Collaborative Divorce

A collaborative divorce offers many benefits. It is quick since you and your spouse can control how long it will take and don’t need to wait for a court date.  It is more affordable than a traditional divorce since you will not need to pay court fees. It’s also efficient and more equitable since you and your spouse can decide on asset division and other terms. You can control the outcome and have an amicable divorce, which is a good idea if you have children and want to minimize the impact.

Disadvantages of a Collaborative Divorce

A collaborative divorce is not for everyone. Most couples divorce because they cannot get along, so a collaborative divorce is unlikely to work. There is also the concern that in a collaborative divorce, cases of domestic violence, mental illness and substance abuse will go unnoticed. People in these categories are often unable to make sound decisions, so this could lead to one party receiving a greater share of the assets.  

In a collaborative divorce, both spouses must disclose all assets and debts. Many people hide larger assets so they cannot be split in a divorce, so this can be an issue. Both spouses also must work to communicate in an open and honest manner. However, a lack of honesty is often what leads spouses to divorce in the first place. A collaborative divorce requires you to work with””not against””your spouse, which is easier said than done.

Seek Advice from an Experienced Denver Collaborative Divorce Attorney

A collaborative divorce can be beneficial for many divorcing couples, but it’s not the ideal solution for everyone. The Denver collaborative law attorneys at Divorce Matters can determine if this solution is right for you. Collaborative law has its limits, but if you want to avoid going to court and feel that you and your spouse can agree on key issues, it may work for you. To learn more about the process and more about family law in Colorado, contact us at (720) 408-7469.

Can I Save Money Through Collaborative Divorce?

Collaboration can be much cheaper than litigation in divorce, though there are no guarantees. Cooperation over competition ”“ it’s easy to see why one is better than the other. But how much money can you save, on average, through a collaborative divorce? It can be significant, if you play your cards right.

With a collaborative divorce, you can avoid the hours upon hours of unnecessary courtroom visits. You avoid much of the wasteful paperwork. Even complex divorce cases can be made more efficient through collaborative divorce.

Here Are The Significant Advantages Of Collaboration Over Litigation.

  1. Collaborative law is a collective effort. You get the work and the experience of a team of lawyers and other experts working in tandem to handle the logistics of your case, such as financial advisors and divorce coaches. Don’t underestimate this ”“ it can really help your case to have the back-and-forth between several dedicated professionals and all involved parties to make sure that no stone is left unturned. This can save you money on having to hire separate advisors.
  2. Generally speaking, you spend less time on a collaborative divorce, which translates to less cost for attorneys and means that you’re less likely to have to turn to costly litigation due to future problems that might arise.
  3. Compared to mediation, collaborative divorce has a greater chance of helping preserve relationships and achieving a quick resolution to your divorce and saving money. This is because collaboration occurs at the outset of your divorce, while mediation often happens later on in the litigation process, though not always.

Collaborative divorce is not right for everyone, but our Denver divorce lawyers are committed to helping divorcing couples pick the right option for their own needs.

Collaboration can be much cheaper than litigation in divorce, though there are no guarantees. Cooperation over competition ”“ it’s easy to see why one is better than the other. But how much money can you save, on average, through a collaborative divorce? It can be significant, if you play your cards right.

With a collaborative divorce, you can avoid the hours upon hours of unnecessary courtroom visits. You avoid much of the wasteful paperwork. Even complex divorce cases can be made more efficient through collaborative divorce.

Here are the significant advantages of collaboration over litigation.

1.      Collaborative law is a collective effort. You get the work and the experience of a team of lawyers and other experts working in tandem to handle the logistics of your case, such as financial advisors and divorce coaches. Don’t underestimate this ”“ it can really help your case to have the back-and-forth between several dedicated professionals and all involved parties to make sure that no stone is left unturned. This can save you money on having to hire separate advisors.

2.      Generally speaking, you spend less time on a collaborative divorce, which translates to less cost for attorneys and means that you’re less likely to have to turn to costly litigation due to future problems that might arise.

3.      Compared to mediation, collaborative divorce has a greater chance of helping preserve relationships and achieving a quick resolution to your divorce and saving money. This is because collaboration occurs at the outset of your divorce, while mediation often happens later on in the litigation process, though not always.

Collaborative divorce is not right for everyone, but our Denver divorce lawyers are committed to helping divorcing couples pick the right option for their own needs.

The Pros and Cons of Various Divorce Options

When you are considering a divorce, the amount of money, time, and legal hurdles can seem insurmountable. Many of us, when facing divorce, only think of the bitter, acrimonious separations we have seen or read about in movies and magazines””the traditional litigation-style divorce””but there are other options that may be right for you and your family. Here are a few:

  • Traditional Divorce. This type of divorce is the most common and familiar to most people. In a traditional divorce, each party hires his or her own attorney, and the process goes to litigation to determine division of joint property debt, maintenance fees, and child custody. This is often a necessary choice in cases of mental or physical abuse or when the emotions are so high that the two parties cannot communicate civilly. However, hiring an attorney by no means forces you to take your whole case to trial. Often times attorneys can help resolve issues that are not highly contested in a divorce proceeding, and they can help clients enter into agreements regarding every part of their divorce, to avoid the stress and pain of fighting things out before a judge. In every traditional divorce in Colorado, you will be required to attend mediation with a qualified mediator.
  • Mediation. Parties may choose to engage in mediation before being ordered by the Court to do so or before filing for divorce. Typically, mediation discussions involve you, your spouse, both parties’ attorneys (if attorneys have been retained), and the mediator. Your mediator serves as a neutral party whose role is to help you and your spouse reach a mutually beneficial agreement and avoid costly litigation. Mediation may last just one session, or it may span several sessions over the course of a few weeks. A mediator will not provide legal advice, and if you cannot reach an agreement, you may still proceed to litigation. You and your spouse may consider hiring an attorney to review your case and accompany you to mediation for advice on the law. This can be especially helpful as mediators cannot give legal advice to parties.
  • Early Neutral Assessment. Part of the Colorado Dispute Resolution Act, an early neutral assessment is a blend of collaborative law and traditional mediation. It involves you, your spouse, and two evaluators (typically an attorney and a therapist or mental health specialist). Each party is provided the opportunity to express their concerns, feelings, and questions. The evaluators will assess the situation and””unlike with mediation””will then provide the couple with advice and suggestions on what they could expect if they went to litigation. This early understanding and awareness typically leads to a shorter and less expensive divorce.
  • Do-It-Yourself Divorce (DIY): Colorado permits parties to represent themself in their divorce proceeding, and the internet is filled with DIY divorce kits, companies selling forms and drafting assistance, and handbooks for those who want to execute their divorce without hiring a lawyer. This may seem like a cheaper, easier way to go. But when you look a little closer, the process is fraught with challenges, such as complicated procedures and paperwork, confusing deadlines, inadequate agreements and plans that don’t protect you in the future. Mistakes made in DIY divorces can often make the process even more costly than a traditional divorce would have been. Oftentimes, a party has a full-time job, and trying to figure out the law in your “spare” time can be next to impossible.

Conclusion People tend to view divorce as expensive and time-consuming. And in many cases it can be. But there are also alternative routes that can be taken, if the couple is amenable to it. The first step is to know your options. Next is choosing a divorce that meets your needs and goals””no path is perfect, particularly in the face of the many difficult decisions you will make going forward””but some options are better than others, depending on your unique situation.

What Is Early Neutral Assessment and When Is It a Good Option?

Recently, we have been receiving more and more questions about early neutral assessment (also known as early neutral evaluation). What is it? How much does it cost? And””more importantly””is it the right choice for me? Though early neutral assessment (ENA) is a viable and often highly beneficial alternative to divorce, it is not as well-known, and it is not the right choice for every couple.

So who is ENA best for?

Well, to decide that, a bit of explanation may help. ENA is the process in which a divorcing couple meets with an unbiased team of evaluators, usually an attorney and a therapist, one of each gender. Through a series of meetings, each half of the couple is given the opportunity to voice his or her concerns and feelings. The evaluators then make an assessment of the situation and return to the couple with suggestions on likely outcomes if the case were to go to court or possible alternatives to court, such as mediation.

The benefit that ENA provides over mediation is that with ENA, there are two experts on hand to provide suggestions and insights to the divorcing couple. The evaluators are not just listening to each party’s feelings. They’re also evaluating the situation and making recommendations based on the couple’s specific needs. Everything in the ENA process is designed to aid in a mutually beneficial resolution.

Also, by definition, ENA happens early in the process””before steps are taken towards a court-based divorce or even mediation. The benefits of ENA are many, including protecting children from the stress and negativity””sometimes even outright hostility””of divorce. It can help keep your children from getting in the middle of your problems. It can also speed up the process and reduce the expense and conflict of litigation.

So this all sounds great, right? If it’s cheaper and smoother, ENA should be a viable option for just about anyone!

Except that it’s not for everyone. Situations in which ENA may not be appropriate include:

  • A couple who is in an abusive relationship, whether that means mental, physical, or emotional abuse from either party, especially if children are involved. These cases may require court-appointed professionals through the traditional divorce process.
  • A couple in which one or both parties are more interested in fighting for everything rather than resolving their marriage quickly. Where there are lots of hurt feelings and anger, ENA may not be a viable solution.

Conclusion

For couples hoping to reduce the emotional toll of divorce or short-circuit potential litigation, ENA is an alternative””and a viable one, at that””to traditional approaches. In most cases, if an ENA evaluator’s recommendations are followed, the couple will likely benefit from a shorter divorce process and less expense.