STONEY CREEK FAMILY RESOURCES
The Uniform Dissolution of Marriage Act is found in the Colorado Revised Statutes, CRS 14-10, which is divided into subsections that address the major issues to be settled in a divorce:
- Property and Asset Division
- Spousal Maintenance/Support or Alimony
- Child Support
- Parental Responsibility which includes: Parenting Time and Decision-Making Authority
After filing a Motion for Dissolution of Marriage with the Court, areas of settlement are discussed and when divorcing couples are able to agree on matters there often is not a need to go to Court because the matter is uncontested and therefore a hearing is not needed. When there are disagreements in any of these major areas then settlement may be reached through litigation, going to Court with or without attorneys. When a party to a divorce is self-representing then they are referred to as pro se, "advocating for yourself."
Alternative Dispute Resolution or ADR, is a category of methods for resolving conflicts in which agreements are reached by the parties that were in dispute, and they remain in charge of writing up the conditions of their agreement. ADR is a venue available other thatn going to Court and having a Judge make the decisions, divorcing couples can meet with a neutral thrid party who facilitates the parties communication about their needs and concerns; uses skills to deepen the parties understanding of the other's view of the issues and their concerns and during this process highlights their common interests and areas where they are already in agreement. Issues that remain in dispute can by mutual consent be addressed further in greater detail with a more focused and structured approach. The goal is to reach an agreement on as many issues as possible, and to reach an agreement regarding whether more time might be helpful in reaching resolution and if not a document is prepared detailing agreements reached and those issues that were not resolved are listed.
The benefits of utilizing an Alternative Dispute Resolution process are numerous; however, the most important is that these allow the parties to retain their power and self-determination in crafting the terms of their settlement. Mutually agreed upon settlements have a positive effect on post-divorce communication and problem-solving, and significantly reduce the likelihood of post-divorce litigation. Former partners have proven to each other at the most stressful time that they are able to resolve their differences so if and when they encounter stumbling blocks further down the road, they already have confidence that they will be able to work it out.
Why Use ADR, Alternative Dispute Resolution?
- ADR empowers parties engaged in conflict, to be in charge of their dispute resolution process instead of choosing to be disempowered by putting Decision Making authority in a Judge's hands.
- ADR encourages disputing parties to go beyond the facts in their case; and to broaden the context in which concerns and needs are expressed and considered.
- In Court, the parties are restricted to presenting the Judge with facts and answering only questions that are specifically asked, and are unable to volunteer additional information or explain extenuating circumstances.
At Stoney Creek Family Resources we provide the stepping stones
To ease your way through the rough waters
Disruptive to the flow of family life
Causing a state of disequilibrium
Challenging to both Children and Adults
If you find yourself at the crossroads
Where what is known is in the past
And what lies ahead
Is the future you will create
One body of water - One family unit
The waters have split
Into two new family units - Now there are two separate bodies of water
The challenge now, is restoring solid ground
In two homes instead of one
Because children need a Mother and a Father
Each one can hopefully be trusted to pave the way
Putting children's needs first, creating a solid and secure base
From which children can launch and be launched
And support their safe travel in the passage ways
Because between two home bases there is communication
Supporting a sturdy bridge that children need most
Bridging the post-separation and post-divorce gap
Reinforces a stronger and healthier structure that is best for all
Encouraging further growth for all
So that strengths can reside on both sides of the bridge
Weaknesses are accepted because some are found in all of us
Acknowledging one is no better than the other
Since competition isn't the name of a coparenting game
Instead, it is appreciating the complimentarity each parent brings
The branches of separate trees, provide a framework for all
To appreciate the differences
Contributing each in their own way
To the development of healthy children
Out of what was once a union
Children were conceived, incubated and born
The birth of a baby inspires hope of possibilities
Rooted in supporting growth unfolding
And when there are children, they thrive when their parents remember who comes first
There is growth potential for all
Divorce can be the impetus for emotional growth
From the remains, reparative efforts are productive
Sometimes the directions or manual were not included
They can be accessed now
They can be an opportunity
And all can profit from learning
The art of building better Bridges of Communication
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