• Robert J. Herrera, Esq.

Thoughts of divorce keeping you up at night?

Updated: Apr 6

Divorce is never easy, and if you are thinking about it or going through a divorce it is probably a reoccurring worry that keeps you up at night and the first thing you think about when you wake up in the morning. The thoughts of divorce that maybe gnawing at you are things like:

Can I afford to get divorced?

Will I have enough money to find a place to live?

How often will I get to see my children?

How much will I pay/receive each month in child support and or spousal maintenance (alimony)?

Who is going to pay for all the credit card debt?

Who gets to keep the house?

Most divorcing folks mistakenly believe that the answers to these questions are too complicated and finding the answer requires attorneys and a judge to figure it out after protracted and expensive court battles. That line of thinking is just plain wrong and we’ve all been conditioned to think this way so that law firms, attorneys, and the judicial system can profit handsomely from one of the most difficult times in a persons’ life. There absolutely is a better way to divorce and it not only answers the questions above, but the divorcing parties are actually the ones driving the resolutions along with the help of a trained and skilled neutral third-party. The better way is through a process called divorce mediation. In divorce mediation a trained and skilled mediator, often times a retired judge or attorney, will sit down with the parties and discuss the documents that need to be completed and filed with the court, the unresolved divorce issues (partially mentioned above), and help the parties put together a plan that not only answers the divorcing parties’ questions but also creates parameters for accomplishing the goals. Once the parties have reached an agreed on the divorce issue(s), the mediator will then draft up the parties’ agreement, the parties will then date and sign the agreement. The signed agreement then effectively becomes a legally binding document that resolves parties’ dispute. The agreement can then be filed with the court and becomes an order of the court establishing the rights, duties, and obligations of the parties involved. I know that divorce mediation might sound too good to be true and I get asked all the time, “Why don’t people do this instead of going to court for their divorce?” My response is always the same. People just are not aware that they have other options to resolve their divorce and more importantly, most people don’t know that if you do initially file your divorce with the court, the court will order mediation to take place before the parties are given a trial date to for the court to hear and decide any contested matter in the divorce. The courts recognize the importance of empowering disputing parties to resolve their own disputes through mediation and not only encourage it but require it before the court will set a trial date to hear and make any determination over an outstanding issue in the divorce. If the thoughts of divorce are keeping you up at night please don’t lose another night of sleep over it. Click here to learn more about mediation or call the divorce specialists at Skip Court Mediation 970-888-1375. Don’t continue to worry about what your life looks like after divorce. Take control of your divorce today.