Going Through a Divorce? Three Mistakes NOT to Make

Divorce Mistakes

Going through a divorce isn't easy, and it isn’t something most people do every day.  Chances are, you’ll make a few mistakes throughout the process.  But some mistakes are much bigger than others.  Here are three mistakes you really don’t want to make: Not Reading All Your Paperwork – don’t throw away your rights by thinking that important information doesn’t exist in the fine print - the Judge isn’t always going to put something important in bold letters for you. The Court system is extremely unforgiving, and if you miss a hearing, it is possible for the Judge to award...

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Divorce and the Holidays: Three Ways to Avoid Disaster

The holidays can be a particularly stressful time of year.  They tend to bring about additional spending, over-extended welcomes from in-laws, difficult travel schedules, extra cooking and cleaning, and of course extra indulgence.  They can also be an emotionally taxing time for many people, for various different personal reasons.  But if you’re already in an unhappy marriage and on the brink of divorce, this perfect storm of stress can turn your average holiday marital problems into serious legal issues.  Here are a few ways you can avoid disaster (legally), both now and in the future: Don’t Overdrink – this is...

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Contempt: 3 Typical Scenarios


Throughout your domestic relations case you will receive various different Court Orders.  Most parties abide by these Orders, and follow the law.  But, sometimes, a party decides not to follow an Order, requiring the innocent party to initiate a contempt action.  A contempt action is designed to get a party to comply with the Order, and punish the non-complying party if necessary.  Here are three typical scenarios where contempt can arise: Refinance – as part of your divorce settlement, or permanent orders, your spouse may have stayed in the home and agreed to refinance the house to remove your name...

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Leaving Your Spouse? Consider These 3 Things


Leaving your spouse can be one of the hardest things you’ll ever do.  You may have been thinking about it for months, or even years.  Or, you may have discovered something about your spouse that changed everything in a heartbeat.  Regardless of how or why you’re leaving, when you tell your spouse, everything will change, and quickly.  Be sure to give some consideration to these three things before you inform your spouse you’re leaving: Who will live where? This is probably the biggest consideration, especially if you have children.  Once you file for divorce, it will be at least 92...

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Filing for Divorce: The Initial 42 Days


The initial stages of your divorce can be hectic.  You’re often trying to process a great deal of emotion, while at the same time trying to sort out your temporary financial and living situation.  To make things more complicated, once your divorce is officially initiated with the Court, the timeline for various deadlines starts to run, and it’s important to know what to expect.  Here are three things you can anticipate in the initial 42 days of your divorce: The Petition/Response – if you are initiating the divorce, either you or your lawyer will file a Petition for Dissolution of...

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Calculating Your Income: Three Reasons Why it Matters


If you’re dealing with a domestic relations case in Colorado, be it parenting time, child support, divorce, or otherwise, chances are you’ve had to disclose your current monthly income, as well as other relevant financial information.  The disclosure of financial information in a domestic relations case can be tedious, and painful.  As a result, the tendency is to gloss over the details when it matters most.  But that can lead to dire consequences down the line.  Here are three reasons that you’ll want to ensure your income is calculated accurately, the first time around: You Can Never Take it Back...

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Mediation: Five Things to Know Before You Negotiate


If you’re dealing with a domestic relations or family law issue in Colorado, there is a high likelihood that you are required to participate in mediation.  Mediation is a confidential process where you enter into settlement negotiations with the other side, in an attempt to resolve your case.  Here are five things to know before you enter into mediation: The Format – chances are you will participate in “shuttle mediation.” This is where a mediator puts you and the opposing party in different rooms, and shuttles offers back and forth.  This is the most common format, and works well for...

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QDRO: Four Steps to Completing the Process


As part of the property division in your divorce, you may have agreed to divide one or more of your retirement accounts.  This means that you will likely have to pay for the drafting and filing of a QDRO, or a Qualified Domestic Relations Order.  This is done in four steps: Drafting – if you don’t have a lawyer, you will need to arrange for this document to be drafted. If you do have a lawyer, your lawyer will likely have an expert take care of the drafting of the QDRO. You may be required to gather basic information about your...

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Two Main Challenges to a Refinance in a Divorce


If you have a home and you’re going through a divorce, either you or your spouse will likely need to refinance your home. But there are practical barriers that may make it more difficult to refinance than you think.  Here are two main challenges to refinancing in a divorce: You Don’t Qualify – this is the biggest issue. To qualify for a refinance, you need a healthy income to debt ratio.  But if you’re a stay at home parent that has been out of the work force, or a parent that is trying to refinance while still keeping up with...

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Three Things to Know About Property Division

Property Division

Reaching an equitable property division can be a difficult and stressful process.  What may seem like a simple 50/50 split may turn out to be difficult to implement.  Here are three things to know when thinking about property division: Separate Property – if you’re going through a divorce, you’re probably feeling like you aren’t interested in being generous with your soon to be ex-spouse as far as property is concerned. Depending on how and when your property was acquired you may be able to keep some of your property separate.  This means that it would be off the table when...

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