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Denver Family Law Blog

Are you at risk for divorce beyond age 50?

Most Colorado spouses would agree that marriage doesn't always play out as planned. You'd also be among a likely majority if you say it's reasonable to assume that most people expect their marital relationships to last a lifetime. All you have to do to prove that people are not always able to realize such expectations is review current divorce statistics. In reality, many married couples decide that going separate ways is better than remaining in relationships with unresolved differences. 

If you're age 50 or beyond, you may be more at risk for divorce than those in their 20s or 30s. The over-50 age group has had the highest divorce rate in recent years. People who divorce late in life often give similar reasons as to the factors that caused the breakdowns in their relationships. If you think you're headed for divorce court, there's no better time than the present to research state laws and tap into available support resources to help you prepare and to protect your best interests.                

Sever contact with your ex by avoiding monthly alimony payments

For people who don't have children, there often isn't much of a desire to keep in contact with an ex after a divorce. One thing might prevent you from being able to make a clean break from your ex -- having to pay alimony.

There is an alternative to having to make monthly alimony payments to your ex. Some individuals will try to work out a deal for a lump sum payment so that there isn't a need to remain in contact and make those regular payments. This option isn't right for everyone since not everyone has the available money to do this, but those who do might find this to be an attractive way to sever the relationship.

Consider your divorce settlement carefully from the start

Trying to make decisions about your divorce might be difficult. There are so many variables that you have to consider. While it is understandable that you might want everything to end as quickly as possible, you need to make sure that your rushing isn't causing you to make errors in the divorce. We know that you just want to move on with your life. We are here to help you evaluate the options that you have so you can determine how they are going to impact you now and into the future.

One thing that many people believe is that they can always go back and have the divorce order modified. This simply isn't the case. In fact, it is hard to get a modification of a divorce order. There are very few situations that would actually qualify for this.

What should I do if my ex is badmouthing me to the kids?

Not all marriages end amicably. Many of them end with one or both adults feeling a lot of animosity due to the situations that led up to divorce. However, parents usually end up sharing custody after a divorce. If this occurs and there are children involved, both parents need to remember that the child's happiness has to come first.

One thing that no child should have to deal with is having a parent or anyone else close to them speak badly about the other parent. This puts the child in a precarious position, because they are stuck in the middle of the drama. Of course, you can't control what your ex does or says around the children.

Is a PAS the same as a Breathalyzer? Make sure you know

You're driving home from your favorite Colorado restaurant after an enjoyable evening out with some friends. Not far from your home, a police officer pulls you over. You do what most conscientious motorists would do and swiftly spot a section of roadside where you can pull over safely and come to a complete stop. Within the next few minutes, a police officer approaches your window, asks for your operator's license and vehicle registration information, then requests that you step out of your vehicle.

The officer also asks if you've been drinking alcohol and says your vehicle veered over the yellow line. In this type of situation, consider yourself detained, meaning you may not leave the scene unless the police officer gives you permission to do so. If a he or she asks you to blow into a mobile breath test device, it's critical that you understand the difference between that test and an actual Breathalyzer test. It's also critical that you know your rights and where to seek support.

Is it possible to change my divorce order after it is final?

From your financial support obligations to your child custody order, the terms of your divorce will have a significant impact on your life for years to come. While the terms of your divorce order could work reasonably well for years, there are times in which you may need to seek a modification of your existing order. 

If your child custody and visitation arrangements are no longer working well for your Colorado family, it might be beneficial to explore the possibility of obtaining a modification. While it is not always possible to modify the terms of your order, it might be a way for you to obtain terms that suit your current needs and abilities.

Child custody for teenagers should be flexible

Child custody cases have to take the child's age and maturity level into account. When you are dealing with a teenager, you likely need to have a more flexible agreement. Many teens are socially active, have school events and may have extracurricular activities. These don't always work with a rigid schedule.

When you and your ex are deciding how to handle matters for the custody order, you might need to talk with your teenage child. It is important to find a way to balance out the need for the teen to have family time and an active life. We understand that this can make the situation much more difficult for you.

What prompts the court to order supervised child visitation?

When you get divorced, you and your spouse are able to negotiate terms regarding child custody and visitation although you'll need to seek the court's approval of any plan you devise. Once the court finalizes your divorce, all parties must adhere to an existing court order unless and until such time that the court might deem it appropriate to modify its orders. 

For instance, if you have an existing court order regarding child visitation and you and your former spouse get into an argument, he or she can't suddenly demand that you have only supervised visits with your kids as a way to get back at you for the disagreement. There are circumstances that may prompt the court to order supervised visits, however, but unless ordered by the court, your former spouse must stick to the existing plan. If you understand your rights ahead of time, it can help you avoid problems. 

How to resolve conflict -- not just avoid it

Family conflicts are never fun -- and they take on an added dimension of difficulty when they're between separated or divorced parents.

It's important, however, that you don't try to avoid conflicts instead of resolving them when they arise. Doing that can set you, your ex-spouse and your children up for bigger problems later.

Addressing domestic violence accusations is often complex

Family law cases that involve accusations of domestic violence often bring two court systems together. On the family law side, you might have a divorce and child custody cases. On the criminal law side, you might have criminal charges for the accusations.

For the person who is facing the domestic violence accusations, life is going to be in an upheaval for a while. One thing that you have to think about is that these cases usually come with some restraining orders that will prevent you from living at home unless the alleged victim is the one who moves. This could pose an immediate issue for you.

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

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Law Offices of Rodger C. Daley

Law Offices of Rodger C. Daley
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Denver, CO 80203

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