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Jefferson County Family Law Blog

Property division may not always be straightforward in Colorado

You have finally filed for divorce, and the moment is surreal. All you can think about is how complicated and acrimonious things may become between you and the other party as you move forward with your marital breakup.

Understandably, one of your main concerns may be how you will handle child custody and visitation. However, another major concern you might have is how to go about dividing your marital property. Here is a glimpse at how to handle property division in the state of Colorado.

The basics of temporary child custody issues

While it's always difficult, divorce can be especially complicated when children are involved. Custody issues are typically a high priority for divorcing parents in Colorado. In most cases, temporary custody is worked out between the parents. However, a family court judge sometimes must decide who receives temporary custody.

The best interests of the child are always the court's main priority. So long as children are considered safe with either of their parents, the courts generally prefer that they preserve healthy relationships with both. This means temporary custody may be granted to one parent but with specifics about liberal visitations outlined for the other. Whether parents work out a temporary agreement among themselves or in court, physical custody visitations will likely just continue without interruption.

Your divorce should not derail your retirement plans

Divorce happens to couples of all ages. While many couples divorce in their 20s, 30s and 40s, the rate of people divorcing after age 50 is higher than ever. The Pew Research Center states that the divorce rate has doubled for American adults ages 50 and over.

While divorce poses financial challenges for every couple, the stakes are even higher for people in these so-called “gray divorces.” A gray divorce could seriously damage your plans for retirement—but it does not necessarily have to.

Improving your chances for a successful custody case

Your goal for your divorce was to make the process as painless and stress-free as possible, not only for the sake of your children, but for your own peace of mind. Knowing that you and your former spouse will have years of co-parenting to endure, you wanted to keep your relationship as civil as you could, especially when it came to making custody plans.

If your spouse is unwilling to negotiate or use methods of alternative dispute resolution to resolve your custody issues, you may find yourself facing the unthinkable task of having to persuade a judge that you are a fit parent. There are some steps you can take to improve your chances of presenting a positive image.

Your Colorado custody case doesn't have to be acrimonious

When you make the decision to divorce your spouse, part of you may look forward to saying goodbye to your spouse and moving on with your life. However, the other part may understandably worry about how your marital breakup will affect your children.

Fortunately, a majority of divorce cases that involve child custody are handled in a relatively amicable manner, without needing to proceed to court. You, too, can attempt to resolve your custody matters with your future ex-spouse outside of a Colorado courtroom by engaging in informal negotiations or mediation.

Do you have reason to seek a custody modification?

When your divorce came to an end, you likely felt a great deal of relief. Because you are a parent, you undoubtedly felt that relief for your children as well. You may not have wanted to put them through the strain of divorce and child custody issues in the first place, but in the end, you made the right call.

At the time, you may have thought that you were finished with the divorce process and that you would not have to take more action. However, now you have concerns about the terms of your child custody agreement. They may no longer suit your situation, and you wonder whether you can have changes made.

For parents, making the decision to divorce can be especially difficult

Your marriage is over. In fact, you may be reading this now because you are planning to file for divorce and exploring your options. As easy as it may seem to complete the process in your mind, there is one thing holding you back. You fear that divorce will have a negative effect on your children.

Perhaps you know other unhappily married Colorado parents who stayed together for years for their children's sake. Maybe your own parents made such a sacrifice. It is undoubtedly a difficult decision to make, and the deeper you search for answers, the more conflicted you may become.

I never finalized my divorce and now I've met someone new

Just as there are many ways to maintain a healthy marriage, there are many ways to end one. Divorce is the most common, while legal separation is a worthwhile solution for some. There are tangible benefits to separation -- perhaps one partner requires health insurance and has a complex medical background, or maybe it always seemed easiest to tell the kids you were separated instead of divorced.

In its simplest terms, separation is often considered a short-term solution and its benefits may hinder other parts of your life the longer you maintain the status. If you've been in a long-term separation, it feels normal, but many aspects of your life are legally on hold. Everyone falls victim to routine and it's easy for one year to become three or ten. What happens if you've fully moved on from your former partner and you've met someone new-but you're still legally married?

How to tell the kids about a divorce

The last thing a parent wants to do is cause their child any pain. Sharing life-changing news with a child can be intimidating and difficult, but doing so early can save them from unnecessary added heartache.

If you and your spouse are planning to split up, have an open dialogue about how to share this news with the kids. When possible, do it together. Every family unit is unique, but here are a few basic tips to prepare for telling the kids about an impending divorce.

Do you wonder what the big deal is with divorce mediation?

When the divorce rate in this country reached an all time high of 50 percent, couples here in Colorado and elsewhere became disheartened by the cost, time and hassle involved in going through the traditional court process. It seemed to only cause deeper discontent and contention between couples and often caused far more harm than good, especially for couples with children.

For these and other reasons, divorce mediation gained popularity. Even couples who may have failed to agree in a courtroom setting were putting aside their differences in order to take advantage of this kinder, gentler and less expensive way to end their marriages.

Schedule A Meeting Today

When faced with divorce or a child custody dispute, you may feel paralyzed as you grieve the loss of a relationship. But you need to take action. Once we take over the legal issues, you will be able to move toward a new normal.

To schedule a free initial appointment with one of our skilled lawyers, please call 720-739-7835. Sending us an online message is another easy way to get started.

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