Mediating Your Separation Agreement is the Best Way
In most cases, Colorado divorce (or other family law) cases are settled with a separation agreement, instead of orders from a judge in a hearing. It greatly reduces the time and expense of a divorce or other family law proceeding.
The separation agreement is a final settlement of the various issues which avoids the court hearing. It should address the division of property and debt, parenting responsibilities, child support, parenting time, and any maintenance (alimony.) It is negotiated through mediation or by the parties themselves before any hearing is held. It avoids a hearing altogether. It is the smart way to do it.
The only alternative is a court hearing where someone else makes your decisions for you.
Although a separation agreement must be approved by the court, it is routinely approved unless the judge finds that it is unconscionable. After approval, it becomes a part of the divorce decree and cannot be substantially modified unless there is fraud or overreaching by one of the parties.
The Advantages of Your Own Separation Agreement
A big advantage in arriving at a settlement agreement in lieu of having a judge ordering the specifics of a divorce, is that the parties maintain control over the process and the result. The result is more fair than if the court made the orders. And if any future modification is needed, particularly as to parenting time, the parties are better able to make the changes themselves, rather than have to go back through another lengthy and costly legal process. The parties, not the judge, have the superior knowledge of the family finances and parenting relationships. Everyone concerned is better off if they retain control of the process, rather than delegate it to a judge.
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