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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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Path 1

Do it yourself

The court’s forms, the self-help center, $260. Works when you agree and the estate is simple.

Path 2

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.

Path 3

Collaborative divorce

Each spouse has a lawyer, plus shared neutrals, all committed in writing to settling without court.

Path 4

Litigation

A judge decides what you cannot. Public, slow, expensive, and sometimes necessary.

The short answer

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

Do it yourselfCost: $260 plus optional help. Time: 91 days to a few months. Privacy: the agreement is in the court file. Best for: no children, no house, or a house you both agree to sell or transfer, and full financial transparency.
MediationCost: $75 per party per hour through the court’s Office of Dispute Resolution ($15 with indigency), or $200 to $400 an hour private. Time: one to three sessions is common. Privacy: confidential by law; only the signed agreement is filed. Best for: couples who can be in a room (or on a screen) together with a neutral. The court cannot order mediation over the objection of a spouse who claims abuse.
Collaborative divorceCost: two lawyers plus shared neutrals (financial, child specialist), often $10,000 to $25,000 total. Time: a few months. Privacy: high. Best for: complex finances where both spouses want advocates and a settlement, and neither wants a judge deciding. If it fails, both lawyers withdraw and you start over.
LitigationCost: $10,000 to $30,000 or more per spouse, higher with experts. Time: 9 to 18 months or more. Privacy: hearings are public and the file is a public record. Best for: safety cases, hidden assets, a spouse who refuses to disclose or negotiate, or a genuine legal question nobody can settle.

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

  1. Each spouse completes the sworn financial statement and the disclosures first. Mediation without numbers is a conversation, not a negotiation.
  2. You meet with the mediator together, in separate rooms, or online. The mediator does not decide anything and does not represent either of you.
  3. The house, retirement, support and parenting are worked through one at a time. Agreements are written as you go.
  4. 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.
  5. 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.

We are not lawyers. This page summarizes Colorado statutes and court forms as they read on the date shown at the bottom of the site. It is not legal advice. The Colorado Judicial Branch self-help centers can help you with forms at no cost, and a licensed Colorado family-law attorney can tell you what the rules mean for your case.
Plain-language education, not advice. Divorce Decisions is published by The Kenna Real Estate Group at Keller Williams DTC, a real estate team. Nothing here is legal, tax, lending or financial advice, and reading it does not create any professional relationship. Colorado law and lender rules change; confirm anything that matters to your case with a licensed Colorado attorney, a tax professional, and your lender. See our full disclaimer.

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