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FAMILY MEDIATION
Judicial Process Considerations

The judicial system identifies these cases as Domestic Relations because their issues addressed by the Family Law Statutes.

 

As the parties consider ending their relationship and decide to file their petition with the court, they follow the judicial process for the termination of their relationship. The court will order them to mediation before scheduling a Final Orders Hearing in which a judge would take decisions on their case. In general, Domestic Relations cases, polarly known as Family cases, are divided in two major sections:

 

Pre-Decree Divorce Cases

These are divorce cases in which the court has not given a ruling nor issued the divorce decree. Per judicial Process the court will require each party to submit and exchange:

 

-Sworn Financial Statements

-The Parenting Plan which includes:

  • Parenting Time allocated for School Schedules, Holidays, Vacations and Travel.

  • Major Decision Making over Schooling, Medical and Religion.

  • Medical Coverage and Extracurricular Activities and Expenses.

-Separation Agreement which includes:

  • Division of Real Estate, Financial Assets, and Debts.

  • Retirement Plans eight civilian and/or, Military.

  • Allocation and division of Taxes.

  • Division of personal property.

 

 Post - Decree Divorce Cases

These are cases in which the court has taken a final decision on the case and issued the divorce decree. Typically, one of the party's is requesting to modify the court’s orders in the divorce decree or the court’s orders; these cases typically imply:

  • Modification of any of the terms of a divorce hearing or, the court’s orders from subsequent post-decree hearing.

  • Contempt of Court in which one of the parties believes the other is not following the court's orders or, the terms enclosed in the divorce decree. 

 

Key Aspects​​

  • It is an assisted resolution process based accessible through mediation on the principles of informed decision-making and self-determination.

  • Mediation does not impose decisions; rather it is a lawful alternative to a litigated outcome based on a court ruling.

  • The parties have control over the process; they define their own resolution based on mutual agreement.

  • The agreements reached are intentional and relevant to the parties.

Divorce Life Considerations

Many divorce disputes can be processed and resolved before they go to court. The most practical way is for people to reach mutual agreements before a case is filed. Private mediation gives the best option to finding an out-of-court resolution while maintaining the utmost autonomy over privacy, decision making and self-determination.

 

Some advantages include:

 

  • Building agreements that meet and support family needs;

  • Giving time to research, consult and consider options and proposals;

  • Creating scenarios that can prepare for transitioning to independent parents; and

  • Setting a basis for a functional relationship which allows for better co-parenting.

  • Reduce the level of risk and uncertainty by keeping decision making and the outcome in your hands.

 

Once a party files a petition for divorce, the case becomes open to public access. Agreeing to mediate before filing allows parties to preserve their privacy up to the time of completion, reducing their exposure to the judicial system. If a divorce petition has already been filed with the court, parties can still choose to process their case through private mediation. This would save time and create alternatives to resolution before moving to a Final Orders court hearing.

 

In Colorado, all domestic relations cases—whether divorce, separation or post-divorce petitions—must be registered with the court for judicial processing and judicial ruling. Per statute, divorce cases have a 90-day wait period before a judge can issue a divorce decree.

 

Our intention is to help people manage time and explore alternative solutions as they navigate the transition of divorce. Resolving conflict can be overwhelming and emotionally draining. Historically, mediation experience has demonstrated that out-of-court resolutions are attainable. The process allows people to have their say during discussions, and can significantly reduce intervention by the courts.

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