5th Jan 25 1:57 pm
JamieDivorce can be a difficult and emotionally draining process, and most couples do not want to think about the topic of divorce because of that. As such, the concept of divorce planning can sound defeatist or hurtful. However, when a divorce seems imminent, divorce planning can be a kind and respectful way to reduce friction in the process and potentially avoid more hurt and financial loss for both parties.
Divorce planning may not be easy, but it can help prevent confusion and potentially ease a difficult process into something more manageable. Being prepared and having documents and plans in place may be worth considering.
For more information on divorce planning, consider speaking with an experienced family law attorney from Colorado Divorce Law Group. Schedule a consultation today by calling the office at (720) 593-6442.
Understanding the legal nuance surrounding Colorado divorces can be a key component of divorce planning. Preparing to deal with any complications that arise can help smooth over bumps in the process.
Fortunately, the Colorado divorce code is generally amenable to divorce as a no-fault divorce state. According to CRS § 14-10-106, couples can pursue divorce if they feel the marriage is irretrievably broken. While certain circumstances may require mediation or spousal maintenance, there are fewer roadblocks to pursuing a divorce in Colorado than there are in some fault states.
People use the word divorce to mean many things, and as such the definition of the word is often blurred. Colorado has several distinct legal definitions for different processes that all look similar to divorce. However, each of these processes may have different terminology, legal requirements, and end results. Understanding the options available in a divorce may affect certain aspects of divorce planning.
Some people choose to pursue a legal separation instead of a divorce. While a legal separation does not provide for the annulment or termination of the marriage, it may provide other benefits. A legal separation allows for couples to negotiate child custody, divide property and debt, and live separately as if divorced. However, they would still receive the tax and insurance benefits of a married couple, as the state still recognizes them as married, but living separately.
Annulment is similar to divorce in that it ends the marriage, but most annulments go a step further. An annulment wipes the marriage from public records, making it as if the marriage never happened, legally. This option is only available if certain criteria can be met. Unlike other states, the state of Colorado does not offer an official annulment of marriage. However, the state offers a similar procedure called a declaration of invalidity.
In an amicable divorce, both spouses can work collaboratively for the divorce. Generally, in these cases, both spouses agree to the need for a divorce and have similar views on the distribution of property and childcare. Amicable divorces are generally faster and require fewer resources and conflicts. An amicable divorce will generally require that both parties agree on a marriage settlement that details items such as property division, child custody, and other factors.
Most couples try to avoid a contested divorce, as it can be lengthy and costly, but in some circumstances, a contested divorce is the only option. A contested divorce arises when spouses cannot agree on certain essential factors of a divorce settlement. Such cases may proceed to litigation in court, though occasionally they can solved through mediation. Those considering divorce planning may benefit from taking stock of potential conflicts and looking for solutions early on.
For more information on different options in divorce, consider speaking with an experienced Colorado family lawyer from Colorado Divorce Law Group.
Divorces can be an intimidating thing to consider, especially given the significant emotional, financial, and temporal investment required by the process. As such, breaking down the process into manageable steps can greatly assist in divorce planning. Understanding the proper procedures for before, during, and after the divorce may help to mitigate conflict and smooth over bumps in the process.
One step that may help with divorce planning is putting away money ahead of time to be prepared. Divorces can be costly, especially if they are contested and must be litigated in court. Setting aside funds ahead of time can not only aid in procuring legal counsel and advice but can also help to avoid some of the delays or other conflicts in the process.
While it may be difficult, if a divorce seems inevitable, providing a time and space to discuss the divorce may be the kindest option available for the other spouse. Taking time away from obligations, commitment, and work stress may help facilitate productive discussions and help provide clarity on how to move forward. Open lines of communication are often helpful in avoiding conflict and coming to agreements.
Divorce planning may also include setting up a private PO box. Having a personal space to receive mail may help prevent exacerbating conflicts by unintended contact, while also providing additional privacy for communications legal or otherwise. A private PO box can allow spouses to receive legal documents and submit forms without stirring up conflict with the other spouse.
In addition to discussion about divorce and divorce planning with the other spouse, it may also help to have conversations about common topics such as division of assets, child custody schedules, and others. There are often many points of conflict and contention in divorce. Addressing these conflicts ahead of time and providing space and time to think about them may help reach an agreement on the details of a marriage settlement in the future.
In addition to these other steps, compiling relevant marriage documents may be helpful for divorce planning. The Colorado Judicial Branch provides many of the relevant forms for divorce, and some of these may require references to existing documents. Having these documents organized and on hand may help prevent confusion and help with clarity in the process.
Every divorce is different, which means there is no catch-all solution for mitigating conflict in a divorce. However, by divorce planning and addressing specific conflicts that arise, couples may be able to help reduce conflict and make for an easier process. Being prepared and addressing conflicts proactively may be a helpful solution for those engaging in divorce planning. A skilled family law attorney from Colorado Divorce Law Group may be able to provide insight into a situation and assist with divorce planning. For more information, consider scheduling a consultation by calling the office at (720) 593-6442.
