In this series, the Andersen Law PC blog is spelling out the 12 steps of divorce one month at a time. The intent is to walk you through the process one simple step at a time. This month, we cover Step 10 of Divorce: The Parenting Plan and Separation Agreement.
(To see the process in a more personalized, real-world context, follow the blogs on the Aingel and DeVille families: the Aingels relatively soaring through the process while the DeVilles crash and burn.)
To discuss your specific situation, feel free to call us at 720-922-3880 or email beth@andersenlawpc.com. We are happy to walk you through your own next steps and to answer questions in your complimentary initial phone or videoconference consult.
What Are Parenting Plans and Separation Agreements?
Once mediation is complete, most divorcing couples in Colorado finalize their case by signing a Parenting Plan and a Separation Agreement. Together, these documents outline how parenting, property, support, and financial responsibilities will work moving forward.
- The Parenting Plan details custody agreements, parenting time schedules, child support terms, decision-making authority and communication expectations.
- The Separation Agreement, also called the Property and Financial Agreement, covers finances like property and debt division, taxes and investment accounts, maintenance (spousal support), child support, and any other economic terms.
The agreements can be drafted on state court forms, such as JDF 1113 for the parenting plan and JDF 1115 for the property and financial agreement, but if you prefer, your attorney can create custom documents that better fit your unique needs and agreements reached in mediation.
How to Finalize the Divorce After Mediation
If you generally agreed on major issues at mediation, your attorneys will use the Memorandum of Understanding (MOU) as the foundation for your Parenting Plan and Separation Agreement. You and your attorney will review both documents line by line before signing. It is crucial that you don’t skip this step, even if it feels tedious! Even small errors, vague terms or missing provisions can cause confusion and stress later.
Once signed, the documents are submitted to the court with a proposed Decree Of Dissolution, Affidavit For Decree Without Appearance Of The Parties and Support Order. The judge will typically finalize the divorce without a court appearance if everything is in order.
What If There Are Disagreements After Mediation?
Sometimes, negotiations continue even after mediation. These might be over small financial details, child expenses, or lifestyle clauses. Your attorney will help determine which issues are worth pursuing and which may cost more to fight over than to resolve or let go.
Colorado courts strongly encourage parties to cooperate and, when necessary, return to mediation rather than litigate every dispute. The goal is to minimize stress, save time and money, and help both parties move forward as smoothly as possible. When the negotiation is complete and the Parenting Plan and Separation Agreement are signed, clients can often finally breathe a sigh of relief and start looking ahead to the next chapter.
If your divorce is contested or high-conflict and you and your ex cannot agree to terms, a permanent orders hearing involving witnesses in front of a judge will be the next step on your path to finalizing the divorce.
For a free consult on your divorce case, contact Andersen Law PC at 720-922-3880. You can also check out our related blog posts, Facebook page and YouTube videos, and sign up for our monthly newsletter. All of these are full of information that can help you navigate divorce and other family law issues.
