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Mediation doesn't always work and a divorce can end up in court

Colorado couples may be shocked to learn that most couples going through a divorce are able to settle the terms of their divorce outside of court. Most couples never have to go to trial. In fact, recent estimates suggest that 95 percent of couples going through a divorce are able to settle without going before a judge.

However, every marriage and divorce is unique. For that reason, settling outside of court may not be an option for everyone. Couples who have only been married for a year or two may have little combined assets and no children, which may allow them to settle their divorce quickly and amicably outside of court. Unfortunately, couples who have been together for several years may have multiple children, own a house and have retirement accounts. Going before a judge may be the only solution to obtain the fairest divorce settlement for these particular spouses.

Although not the case in every situation, going to trial may mean more out-of-pocket money for legal expenses. It may also mean more time spent away from the other requirements of one's life. If one party is not getting what they want out of negotiations outside of court, then spending the money and extra time to fight may actually be worth it. This is especially true when children are involved and parents cannot come to a reasonable agreement regarding what's best for the children.

In some cases, couples have no choice in the matter. When abuse is in the picture or one party is simply unwilling to reasonably negotiate and compromise, going to trial may be necessary. Sometimes it can be worth the time and money spent to have a judge determine the final outcome of a divorce. Most Colorado spouses who are either considering or going through a divorce could benefit from ensuring their rights and interests are fully protected.

Source: Forbes, "Divorcing Women: Is It Best To Litigate Or Settle?", Jeff Landers, May 22, 2014

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