On behalf of Cooper, Tanis & Armas, P.C. posted in divorce on Monday, July 11, 2016.
Divorcing couples in Colorado and around the country often hope to get through the process quickly and with the minimum of stress and upheaval, but negotiations over delicate subjects like alimony and the division of marital assets can easily become contentious. Couples who broadly agree on most matters may be able to navigate their way through the process without setting foot in a courtroom, but uncontested divorces are fragile things and minor disagreements can dash hopes of an amicable settlement.
When divorcing couples are unable to reach an agreement, they may choose to allow a judge to make the decisions for them. While litigation provides a definitive resolution, court actions can be both expensive and emotionally draining. There is also no guarantee that either party will be happy with the outcome. Divorce litigation can also bring out the worst in spouses, and it is not unknown for divorcing couples to become embroiled in prolonged and costly legal battles over relatively modest marital estates.
Alternative dispute resolution methods like mediation have grown in popularity in recent years. Adding an independent third party to negotiations may help divorcing spouses to see matters from a different perspective, and conducting discussions in a less confrontational atmosphere could encourage spouses to take a more pragmatic approach. Mediation also offers divorcing spouses more privacy than traditional litigation.
Experienced family law attorneys may encourage their clients to seek an amicable compromise whenever possible, but they could also appear on their behalf in court when these efforts fail to bear fruit. While going through a divorce will rarely be a happy experience, attorneys may work to keep stress levels low by seeking a resolution that their clients can live with.