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Denver Family Law Blog

Plan to work with your ex in child custody matters

One of the primary duties of a parent is ensuring that they are doing what's best for their children. When you and their other parent make the decision to divorce, it is easy to get caught up in how you feel about the divorce, but you need to continue to focus on the children. This ensures that they have what they need to thrive despite the circumstances.

Many parents who go through a divorce use a collaborative method for child custody matters. This gives them a chance to consider their child's current schedule, their needs and other similar factors when making parenting decisions. In order to do this, you and your ex are going to have to be willing to compromise and work as a team.

Things to consider when you ask for a divorce

The initial discussion when you tell your spouse that you want a divorce is probably going to be tense. You should prepare yourself for some stress as you go through this. Thinking carefully about how you are going to handle this situation can help you to reduce the difficulty of it, but even the most preparation isn't going to make this fully easy.

One of the most important things you need to do is to determine when and where you are going to have this discussion. Ideally, you will take care of it when you and your spouse can talk without interruptions. You might consider having the children go to spend time with a family member or friend when you are going to talk about this.

What happens to retirement assets when going through a divorce

Divorce is not an easy or pleasant thing to go through. The most you can hope for is that you'll get it over quickly while inflicting minimal damage on your finances and your family. One area may be hoping to spare yourself involves your retirement assets.

It doesn't matter if retirement is just around the corner or years away, the funds you've been putting aside you need so you can live the life you hope to during your golden years. The problem is that retirement assets are marital property according to the state of Colorado, which means your spouse may have the right to take a portion of your retirement earnings when the marriage comes to an end. However, if any of the following are true about your circumstances, you may be able to protect your property from division:

  • You received or earned the funds before the wedding
  • You have a prenuptial agreement that identifies retirement savings as separate property
  • You have a postnuptial contract that identifies the savings as separate property

Child custody decisions should give children stability

As a parent, one of your priorities is likely making sure that your children are protected. This duty doesn't stop just because you are going through a divorce. Instead, you have to ensure that their needs are being met and there's nothing going on that would negatively impact them. You may think this sounds simple, but it can quickly turn complex.

The divorce alone can make a big difference in their life. Children with divorced parents are twice as likely to develop health problems as those whose parents are together. They are also twice as likely to quit high school.

Categories covered in a divorce

The decision to divorce is the start of long journey. When you are going through this process, there are many things that you need to think about. Because there are so many, it is possible that you might miss some points. Making a list of things that you need to work out before you head to your attorney's office can help you ensure that you find out everything you need to know.

You can divide divorce matters into a few basic categories. Thinking about each one of these individually can help you to avoid feeling overwhelmed.

Emotional abuse allegations can have huge impacts on defendants

Many marriages are happy, and everyone hopes that theirs will be too. There are times when it might start out nicely, and then all of a sudden, your spouse accuses you of trying to control them. When this happens, they are accusing you of mental abuse without actually saying those words. You have to think carefully about what you are going to do because domestic violence is a serious matter.

Many people think that domestic violence only includes physical contact, but this isn't the case. It is fully possible for your spouse to petition for divorce based on perceived emotional abuse. In order to prevent this from happening, you need to understand what it entails.

Everything you may need to know about a DUI traffic stop

Nothing can ruin your nice evening out like seeing flashing lights in your rearview mirror. Being pulled over for suspected drunk driving is scary, but it can be even more overwhelming if you find yourself without a driver's license and facing criminal charges by the end of the night. Where do you go from here?

One thing that may be helpful is to learn more about DUI traffic stops. This includes why Colorado police pull drivers over, what should happen when interacting with law enforcement and what to do after. When you know these things, it will be easier to defend yourself and figure out where to start with crafting the right type of defense strategy. 

Show children the power of optimism through actions

One of the lessons parents need to teach their children is that not all negative situations have to lead to them becoming pessimistic. Instead, you should work toward teaching them to look for positives in every situation. One powerful time for this to happen is if you are going through a divorce or are in the process of adjusting to changes in the current parenting plan.

Your children likely learn the most from watching you. They tend to emulate the adults who are in their life. This makes you one of the best people to lead them toward optimistic thinking. There are several ways that you can do this.

Waves of emotions are common in the first year of divorce

Some people are shocked when they start to feel sad because they got divorced. This is a difficult thing to experience because most people expect that they will remain happy. Once you realize that you aren't totally happy, you have to figure out what to do.

For many people, the sadness that occurs in this situation is because of the loss of familiarity. You aren't going to have someone to share life's ups and downs with like you did when you were married. This can lead to you feeling a bit upset. It can also be because you feel bad that you wasted as much time as you did on a marriage that didn't last.

How to prepare for a child custody hearing

As you began your divorce proceedings, you probably thought about trying to resolve your child custody issues without having to go to court. Perhaps the other parent wouldn't cooperate, or some other extenuating circumstance that prevents you from amicably working out a plan exists.

It doesn't matter whether you are requesting sole or joint custody. You still need to show the court that this would serve the best interests of the children. You cannot simply walk into a Denver courtroom and tell the judge that is what you want and expect the judge to simply agree.

If you need help, contact us as soon as possible.

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Law Offices of Rodger C. Daley

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