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Denver Family Law Blog

Factors the court might consider in child custody cases

Going to court to have a judge determine with whom the children will live can be an anxiety-producing experience. There are many factors that judges consider in custody matters. One is the living arrangements the children will have with each parent, but this doesn't mean that the court will automatically side with the parent who has the bigger house.

It is imperative that you can show the court that your children can have a good life and remain safe in your home. These are the two primary factors that they will look at when trying to determine who will have physical custody of the kids.

Emotions and legal matters intersect during divorce

It is all too easy to be consumed by the stress of divorce if you aren't paying close attention to your mental health. This is sometimes difficult to do because of the roller coaster of emotions that can come with this situation. Trying to stay ahead of them might be impossible because you may not be able to accurately determine when certain emotions will come up.

Trying to balance your emotional health and the need to get things done for your divorce case can be a delicate balancing act. When it comes to your emotions, it might help if you have someone you trust who you can talk with about what you're feeling. Seeing a therapist is never a bad idea.

What will happen to my retirement savings during divorce?

You probably spent much of your working life with the goal of retirement. Now that you are facing divorce, you may be worried about your future finances. What will happen to your savings? Will you still be able to retire at a good age?

These are understandable concerns that many people in Colorado face. The later in life you divorce, the more assets -- and savings -- that you have and need to protect. This is especially true when it comes to your 401(k) account.

Divorce legally ends your abusive marriage

Being able to feel safe in your home is something to which you have a right. Victims of domestic violence don't get to experience this. If you are being abused by your spouse, you should make plans to get out of the situation before it becomes deadly. Your life might depend on your being able to walk away.

We know that this is a big step for you, but you need to do it for your own health. You have to plan for leaving if possible. Decide where you are going to go and make sure that you will be able to get there safely. You might need to save up some cash so you can support yourself right away. In some cases, e.g., when you need to leave suddenly, domestic violence shelters can help you.

Teaching your children about personal boundaries is important

Finding a happy medium between you and your ex for teaching your children valuable life lessons after a divorce is a challenge. One area that can't be overlooked during childhood is teaching them about boundaries. Not only do you have to show them why rules and consequences matter, you also have to help them learn about personal boundaries.

There are two types of personal boundaries that children need to establish. These include boundaries of the body and boundaries for material things. While you might argue that body boundaries are the most important, they are equally important.

The end of your marriage is a time to reinvent your life

Many aspects of your life are going to change when you go through a divorce. You might not have the same social circle after the end of your marriage. There are many reasons for this, so you should be prepared for the changes that are coming.

One reason why you might not have the same friends is that the friends you had during the marriage might not be comfortable with the divorce. They might not say this out loud, but the friendship might just drift apart since there aren't two couples now. In some cases, it might be that they choose to push you away and stick by your ex. This is difficult to handle, but you deserve loyal friends so don't try to force the friendship to continue.

It's up to you to prove that property is separate and not marital

When Colorado couples first enter the divorce process, the (nearly automatic) assumption is that all of the property they own belongs to the marital estate. Under this belief, the parties would then divide all of it in a fair and equitable manner.

If you believe that at least some of your assets are your property alone, then it is up to you to prove it. Even if you negotiate your divorce settlement, your future former spouse will probably want proof as well.

Patience can have a positive impact on your parenting

One of the most important traits for parents to have is patience. This isn't easy even in the best of circumstances, but when you are suddenly thrust into the single parent life, it can be even more difficult. Not only are you dealing with raising your children, but you also have to deal with communicating with your ex in matters related to the kids.

Even if your patience level isn't very high now, you can work toward becoming a more patient person. It will take time, but you will find that everyone benefits when you become more tolerable of the situations that come up in your life.

Plan to protect your interests during your divorce

A divorce is a major change in your life. You have to ensure that you are taking steps to prepare yourself for the new way of life. This isn't always going to be easy, but it can be worth it. We are here to help you with the legal aspects of your case. We want you to feel comfortable with the process, so we will explain it to you.

One of the primary changes you will have to make is in the budget. If you have lived in a two-income household during your marriage, downsizing to a single income might be challenging. As soon as you know the divorce is going to occur, you need to sit down to make a realistic budget. Be sure to include things like rent or mortgage payments, insurance, utilities, vehicle payments and your share of the bills.

Ideas to help your children come to terms with your divorce

Colorado parents understand that life changes may have negative or positive impacts upon their children. Like most children, your kids are likely quite adaptable and resilient for the most part; however, that doesn't mean that certain life experiences won't cause them stress. For instance, if you are preparing to tell your kids that you're getting divorced, you'll want to have some definite plans in mind for ways to help them cope.

You and your spouse will no longer be together in marriage, but you will always have a relationship together as parents. By discussing the matter ahead of time and considering ideas that have helped other parents in the past, you can provide strong support for your children as they adapt to a new lifestyle.

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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