Over the last twenty years, marriage rates and divorce rates have been decreasing. In 1990 the divorce rate per 1,000 population was 5.5 and in 2020 it was 2.9. Colorado’s marriage rate has also decreased in the same time period. The marriage rate in 1990 was 9.8 and has decreased to 6.7 in 2020. With less marriages, there are less divorces in Colorado.
When going through a divorce, you and your spouse have a choice between litigation and mediation for handling the divorce. Let’s take a look at each option and the advantages and disadvantages of each.
What is Litigation?
Divorce litigation is when the divorce proceedings are handled through a trial. This requires both parties to have lawyers that will help them with their cases. Through the litigation process, the court will help come to a decision that best suits the parties, including a division of assets.
What is Mediation?
Mediation is an alternative to divorce litigation where you and your spouse elect a neutral third party mediator to discuss the terms of the divorce. The terms discussed include all family law issues including child custody, division of assets, and alimony. The mediator will go through all of the most important issues to find a resolution that serves both parties, without bias towards either party.
There are five stages of mediation:
- Stage 1: Opening Statements. …
- Stage 2: Joint Discussions. …
- Stage 3: Private Discussions. …
- Stage 4: Negotiation. …
- Stage 5: Settlement
Advantages and Disadvantages of Choosing Mediation
Mediation can save a lot of time and money and is a great option for amicable divorces. A solution is found much quicker and both parties save money on lawyers and court filings. The mediation process is also entirely voluntary so the divorcing parties are not bound to the suggestions of the mediator.
The major downside of mediation is that the mediator is unable to give legal advice, which is usually necessary in more complicated cases. If your divorce case involves complicated assets and a lack of proper communication between spouses, you will most likely need to choose litigation.
Mediation is not legally required for divorces in Colorado, but it is a great option for couples seeking an amicable divorce.