Settlement or Trial?
Since 1999, we at Plog & Stein, P.C. have established a reputation for excellence in family law. Dedicated to resolving complex issues of property division and support, our divorce settlement lawyers have recovered favorable verdicts and settlements for clients across Colorado. We provide high-quality counsel and personal service to meet your specific needs. Our firm works closely with you to protect your rights and those of your family. Whether your divorce can be settled privately or taken to court, you can feel at ease in knowing that you have our dedicated legal team on your side. We have more than four decades of collective experience!
Agreeing to Disagree
Like marriage, divorce often requires the help of third parties. Many couples strive to avoid court altogether, agreeing to relevant terms themselves. Property division can be simple when there are no large assets or debts. Parents may agree to split time with the children, reaching a consensus on the family’s best interests. Some even consent to specific payments of alimony or refuse it altogether. But in most cases, people disagree on weighty decisions involving money and custody. This is not a failure. Experienced divorce attorneys in Denver can provide invaluable advice on how best to proceed in a particular case. Some are best resolved through settlement-others in court.
To save time and money, parties can try to resolve as many issues as possible in a written agreement. The rest can be accomplished through a settlement agreement or court decree. Most attorneys prefer to start by negotiating with your spouse’s attorney to reach an agreement. Reconciling conflicting interests through mediation can be very efficient and far less costly. If a settlement is unlikely, a court proceeding is in order. The trial’s duration depends largely on issues in the case and the particular court or judge deciding those issues. Throughout litigation, the parties can still resolve outstanding disputes through settlement prior to the final hearing.
Resolution of Disputed Issues
In divorce proceedings, it is often difficult to agree on issues involving:
- Financial disclosure
- Status of marital assets
- Alimony and child support
- Court jurisdiction and venue
- Custodial and visitation rights
- Division of assets and debt
Whether proceeding through settlement or divorce, the parties should clearly communicate their priorities to attorneys, who will do their best to meet those demands. But it is important to remember that mediation and trial both require some give-and-take to arrive at a solution.
A No-Fault Divorce Does Not Equal Fair!
Colorado, a “no-fault” state, will grant a requested divorce without requiring a reason. Attorneys and judges need not consider alleged infidelity or abuse to end the marriage. But mediation and court proceedings may take certain factors into account in reaching an equitable remedy. Equitable does not necessarily mean “fair.” It only means that the final outcome conforms as closely as possible to the short- and long-term needs of the affected parties.
The solution attempts to consider the parties’ relative positions with regard to:
- Separate, non-marital property
- Future income and earning capacity
- Standard of living and daily expenses
- Providing daycare
- Retirement and social security benefits
- Restraining orders and contempt of court
- Health insurance and rehabilitative support
Despite the “no-fault” rule, “bad behavior” may be taken into account when one party causes severe financial distress to the other by hiding or spending liquid marital assets. Poor and egregious conduct may also factor into other proceedings involving custody and visitation rights.
Need Reliable Guidance? Contact Our Lawyers Today!
Our Denver family law attorneys are dedicated to protecting your rights in divorce proceedings. We are uniquely qualified to help you explore all your legal options and craft a winning strategy. We put our vast knowledge and skills to work for you. Adept at both mediation and litigation, our lawyers can help you achieve the best outcome possible at trial or litigation. Serving people throughout the Denver area, our divorce settlement lawyers operate from Greenwood Village, CO, and have successfully handled many types of divorce cases in every Denver metro area court.
Let us help you get through your divorce and move on with your life. Call us today to retain our client-focused services.