When Arbitration and Mediation Fail, the Next Step Is Litigation
Mediation and arbitration are two steps you should consider before engaging in divorce litigation. But what happens if both processes fail? If arbitration and mediation do not work, you will have to move on from there into divorce litigation. In this video, Denver divorce attorney Kathlyn Laraway explains the process of divorce litigation from the permanent orders hearing through evidence submission and discovery and the possibility of appealing a judge’s order.
If you have any questions about divorce in Colorado, call our Denver family law attorneys at 720-542-6148.
So if you can’t agree in mediation and you don’t agree to arbitrate, then you’re going to end up in front of a judge for what we call a permanent orders hearing. It’s very similar to any divorce proceeding you may have seen on television, but probably not quite as dramatic. Generally, both parties will have testimony taken, there will be an opening statement by their counsel or them if they are representing themselves and any evidence that needs to be admitted, you know, appraisals of property, documentation of bills and debts and things like that would be admitted into evidence. If there are experts that may be involved in the case, they will be testifying and the judge will then hear all the evidence, take into consideration all the written evidence and make findings of fact, conclusions of law and orders. Once you go through the permanent orders hearing process and you have your order from the judge, it is appealable. You can do a motion for reconsideration and you can also appeal it up to the Court of Appeals if necessary.
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Divorce Matters® is a Denver Colorado divorce attorney law firm. We provide information and services including the divorce process through the courts, division of marital property, assets as well as debts and parental rightsregarding biological and adopted children.
Our highly-accomplished divorce and family law attorneys practice throughout Colorado, including:
Adams County (Arvada, Aurora, Brighton, Thornton, Westminster); Arapahoe County (Aurora, Centennial, Cherry Hills Village, Englewood, Greenwood Village, Littleton); Boulder County; Broomfield County; Denver County; Douglas County (Castle Rock, Highlands Ranch, Lone Tree, Parker); Elbert County (Elizabeth, Kiowa); and Jefferson County (Arvada, Golden, Lakewood, Morrison, Wheat Ridge).