Choosing the path
Mediation, collaborative, court, or on your own?
There are four ways to get from petition to decree in Colorado. They differ in cost, time, privacy and how much control you keep. Most couples end up in a written agreement either way; the question is how much it costs to get there.
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Do it yourself
The court’s forms, the self-help center, $260. Works when you agree and the estate is simple.
Mediation
A neutral helps you reach agreement; the court’s program is $75 per party per hour. Courts commonly require it before a contested hearing.
Collaborative divorce
Each spouse has a lawyer, plus shared neutrals, all committed in writing to settling without court.
Litigation
A judge decides what you cannot. Public, slow, expensive, and sometimes necessary.
If you agree on everything, use the court forms and the self-help center. If you agree on most things, mediate the rest; it is cheap, private and Colorado courts will usually order it anyway before a contested hearing. If there is real money and you both want lawyers but not a war, look at collaborative divorce. Litigate when there is abuse, hidden assets, or a spouse who will not negotiate. Whatever the path, the house decision benefits from a neutral valuation delivered to both of you at once.
The four paths compared
Where the house fits
The house is the thing most likely to push a mediation into litigation, because both spouses read the same comps differently and the spouse keeping it wants a lower number than the spouse leaving. Two things prevent that: a written valuation delivered to both spouses at the same moment, and an agreement in advance that an independent appraisal controls if the numbers differ. Bring both to the first mediation session and the house is usually settled in an hour. How pricing works in a divorce.
What mediation looks like in practice
- Each spouse completes the sworn financial statement and the disclosures first. Mediation without numbers is a conversation, not a negotiation.
- You meet with the mediator together, in separate rooms, or online. The mediator does not decide anything and does not represent either of you.
- The house, retirement, support and parenting are worked through one at a time. Agreements are written as you go.
- The mediator or your attorneys draft the Property and Financial Agreement (JDF 1115) and Parenting Plan (JDF 1113). You should each have a lawyer review it before signing.
- The signed agreement goes to the court with the decree paperwork. In an agreed case there is often no hearing.
Questions people ask on this page
Does Colorado require mediation?
The statute lets any court refer a case to mediation, and most districts order it before a contested permanent-orders hearing through their case management orders. It cannot be ordered over the objection of a spouse who says they have been abused by the other.
Do I need a lawyer if we mediate?
Not to mediate. You should have one review the agreement before you sign it. Limited-scope representation makes that affordable.
Can a mediator tell me what I would get in court?
No. Mediators are neutral and may not give either side legal advice. That is what the review lawyer is for.
What is the difference between mediation and arbitration?
A mediator helps you agree. An arbitrator decides for you, privately, like a judge you hire. Arbitration is used in some high-asset Colorado cases.
Is a divorce workshop the same as mediation?
No. The workshop is education: professionals explain how the process, the money and the house work so you walk in prepared. It is free, and it is where most of our attendees first hear the word “mediation.” The virtual workshop.
Where to go next
- The Colorado divorce process
- What a divorce costs in Colorado
- Just served? Start here
- Maintenance (alimony) in Colorado
- Mediation, collaborative or court
- The divorce checklist
- Your county court
- What happens to the house
- The virtual workshop
- Help lines and self-help centers
- Do-it-yourself divorce in Colorado on kennarealestate.com
- Register for the free monthly Zoom: Divorce and the House
Call your Colorado divorce agent
Questions about the house, the deed or the decree?
Call us today to talk through your situation and how we can help. A live person answers. Not a robot, not a phone tree.
Free and confidential
Ask us about the house
Tell us where you are in the process and what you are trying to figure out. We will answer honestly, including when the honest answer is to wait. Free and confidential. You do not need to be ready to sell, and there is no pressure to list your home. Or bring your question to the free monthly Zoom, Divorce and the House, second Saturday at 9:00 AM.
303-955-4220A live person answers. Not a robot, not a phone tree. Prefer email? homes@kennarealestate.com
Divorce Decisions™: Colorado divorce workshops and education. Real estate services provided by The Kenna Group at Keller Williams DTC. Not legal, tax, lending or financial advice.
Ready to sell or buy? The Kenna Group handles the house.
- Real estate and divorce in Colorado: divorce realtors in every Front Range city and county
- Divorce and real estate articles on kennarealestate.com
Call or text 303-955-4220. A live person answers.