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Denver Family Law Blog

The unspoken issues with collaborative divorce and mediation

The idea of collaborative divorce has become increasingly popular in recent years. Many celebrities have been public about their attempts to divorce amicably with a focus on their children. That has certainly rubbed off on the American public, which now looks into mediation and collaborative divorce in many cases of divorce.

Collaborative divorce is more than just trendy. It can be beneficial for people in very specific circumstances. Unfortunately, too much media hype about the benefits of mediation and collaborative divorce lead people to seek this approach even when it isn't going to benefit their family.

Considering divorce? Make sure your business is safe

Getting divorced is much more complicated and time-consuming than getting married, and may require property division that you did not expect or protect against. Business owners are often particularly vulnerable in divorce because a business may count as marital property. Without careful planning and willingness to make sacrifices, a business owner's divorce can end the marriage as well as the business.

If you are considering divorce and own a business, you cannot afford to put off building a strong legal strategy. Owning a business can sometimes help you recover from divorce's financial ramifications, but not if the business doesn't survive the divorce process.

Can my marital struggles be overcome?

All married couples go through struggles, both due to external factors and due to issues within the marriage. It could be said that the way these issues are handled is the key to whether a marriage will be successful. You can only control the way you handle the situation, and you may feel frustrated by your spouse's lack of effort and support.

If you are going through marital struggles and are contemplating divorce, it is important that you consider how your marital struggles could possibly be overcome before filing for a divorce. Some issues, especially externally rooted ones, can be fixed. But other problems can be irreconcilable.

Should you worry about financial infidelity when divorcing?

It is common for people to stop worrying themselves about the behavior of their spouses once they make their minds up to seek a divorce. After all, you won't be accountable for their decisions for much longer. However, that sort of dismissive attitude could end up costing you some of your financial liquidity in the future.

Some people change their spending or saving habits when they know they are about to divorce. In some cases, people take it too far by racking up debt intentionally or transferring money into hidden accounts to try to hide it from the courts and their spouse.

The biggest barrier to divorce could be an emotional one

All marriages are uniquely challenging, and it is simply impossible to predict the difficulties that you and your spouse will face in your relationship. Some relationship tensions are caused due to incompatibility and personality differences, but others are tensions that have arisen from circumstances beyond your control, such as a loss of a job or an illness.

Many people spend years contemplating divorce, but they do not know whether they should take action. Many wonder about how filing for divorce will affect their reputation, and they may fear that they will be crippled with guilt as a consequence of giving up on their marriage. Additionally, it is very common for married parents to worry about how a divorce would affect the emotional well-being of their children.

A high-asset divorce may also mean a large amount of debt

If you find yourself preparing for a high-asset divorce, it's important to fully understand what the process entails and how you can protect yourself along the way. Just the same, you'll want to learn more about any debt you're carrying, as this also comes into play when divorcing your spouse.

Many people who have a lot of assets are also carrying quite a bit of debt. For example, you may live in a $500,000 home with your spouse, however, you still owe $200,000 on your mortgage. This is something you must take into consideration when divorcing.

Do you know the difference between marital and separate property?

Getting divorced in Colorado can be a new start to life, but it can also have a profound impact on your financial circumstances. Unless you have a thorough prenuptial agreement, you will either have to agree to terms regarding how to divide your property or allow the courts to handle asset division for you.

One of the most confusing aspects of the asset division process is the system by which the Colorado family courts classify property. Any asset or debt you currently own must either be separate property or marital property. The courts will do their best to divide your assets in a fair and equitable manner.

Could your divorce sink your business?

Divorce is rarely a simple process, even when all the parties involved want to end the marriage and agree to work together amicably. In most cases, divorce drags up deep emotional conflicts and often drives otherwise reasonable people to their breaking point.

Business owners who are considering divorce face a number of potential complications that many others never experience, especially if an owner did not protect their business with a prenuptial agreement. It may come as a surprise to some that businesses qualify as marital property in the same way that homes or savings accounts do.

Keep time with your child protected after your divorce

After divorce, parents often struggle to make the transition to coparenting, especially if the divorce was particularly painful. While most parents do not want to make their child suffer because of parental conflicts, in many cases, that is exactly what happens. It is common for parents who do not understand the seriousness of their custody orders to use child custody conflicts as a way to punish the other parent or feel as though they "won the divorce."

We are all fallible humans, so it is wise to have some grace for others who are going through a difficult season. However, is also important to understand your rights as a parent and the tools you have to protect those rights. If you allow your child's other parent to establish patterns of bad behavior, it is difficult to push back and regain ground you've already lost. Be sure to use your resources to keep your rights secure throughout your child's upbringing, even if it may make things uncomfortable at first.

The emotional stages of marital issues and divorce

If you are struggling with marital issues in the state of Colorado, you will know that deciding whether to file for a divorce is not a black and white decision. You will go through times of believing that the marriage can be fixed through working on your relationship, but you will have other times when you think of how free you will be without the emotional burden of a marriage.

At a time when your are not sure whether to take the leap and proceed with a divorce, it is important to learn more about the psychology behind marital issues. By understanding your different emotional states, you will be better equipped to know how to proceed most constructively.

McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
Denver Family Law Office

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215 South Monarch Street
Aspen, CO 81611

Toll Free: 800-574-3771
Phone: 970-920-7878
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