Divorce can be a challenging and emotional process for everyone involved.
Whether you’re the person who wants the divorce, or the partner who has been asked for one, the amount of information you need to gather and grasp during the early days can feel incredibly overwhelming.
But knowing some of the biggest dos and don’ts in this initial period can help you navigate the entire process more smoothly and painlessly.
KEY TAKEAWAYS:
No matter the reason you and/or your spouse may be contemplating divorce, the amount of emotions you are feeling and decisions you suddenly have to make can leave you feeling confused, scared and very alone.
This is why knowledge will prove to be the most important power you need right now.
Getting the guidance of a knowledgeable attorney can help you navigate the complexities of the early stages of divorce. It will also ensure that your rights and interests are protected throughout the proceedings.
But before you decide to seek counsel, let’s look at the top ten things your attorney will want you to know before you begin the legal process of filing for a divorce in Colorado.
Let’s start by discussing the top things that any reputable divorce attorney is going to suggest you know or do long before you start the divorce process.
1. DO Understand Colorado’s No-Fault Divorce Law
Colorado is a no-fault divorce state, meaning that you don’t need to prove wrongdoing by your spouse to file for divorce.
The only requirement is that it is stated the marriage is “irretrievably broken” by the person who files.
Knowing this basic rule will help to simplify the process from the beginning and allow everyone to focus on resolving issues like asset division and child custody
2. DO Gather All of Your Financial Documents
No matter what role you play in the decision to file for divorce, it’s crucial that you gather as many financial documents as soon as possible.
These include such things as bank statements, tax returns, mortgage documents, and retirement account statements.
Having these documents at your disposal will help your attorney build a clear picture of your financial situation and give you a better (and quicker!) idea of where you stand.
3. Do Prioritize Your Children’s Physical and Emotional Well-Being (and Your Mental Health!)
Though this is a time of great challenge, you must think about the mental and physical health of your children and yourself.
Not only is this important for everyone’s long-term stability, but it also shines a less-than-ideal light on you later if there is reason to believe that these things weren’t prioritized by you, but were prioritized by your spouse.
Avoid involving your children in conflicts and strive to maintain a stable and supportive environment. Courts in Colorado prioritize the best interests of the child when making custody decisions.
4. DO Consider Mediation
Mediation can be a less adversarial and more cost-effective way to resolve disputes than going to court. It allows both parties to work together with a neutral third party to reach an agreement on issues like property division and child custody.
Look for an attorney that supports mediation and communicate to them that this is something you hope to strive for.
A good family lawyer will do everything they can to guide you in this direction if it makes sense for your situation.
5. DO Communicate Openly with Your Attorney
Above all else, you will want to make sure you keep open and honest communication with your attorney.
Even when things grow complicated, remember that your attorney is in YOUR corner.
Share all relevant information with your attorney and their staff, and ask questions if you’re unsure about any aspect of the process.
Your attorney is there to guide you and advocate for your best interests.
The Don’ts of Early Divorce Decisions
Unfortunately, many people when faced with divorce don’t take the time they need to do the research that can make a big difference in some of the long term outcomes for their financial and emotional well-being.
Here are some of the most common things to avoid in the early stages of divorce:
1. DON’T Hide Assets
Transparency is crucial in divorce proceedings.
Hiding assets can lead to severe legal consequences, including financial penalties and a less favorable settlement. More importantly, you will lose credibility with the Court, which is the worst thing that can happen.
Not only that but full disclosure fosters trust and can expedite the legal process, reducing stress and conflict.
Be honest about your financial situation to ensure a fair division of property.
2. DON’T Make Major Financial Changes
Avoid making significant financial changes, such as large purchases or transferring assets, during the divorce process.
These actions can complicate the proceedings and may be viewed unfavorably by the court, causing you more complications and heartache down the road.
If there are financial decisions you need to make, such as securing a living situation or paying for additional childcare, make sure you are transparent with your attorney on these matters so they can help you decide how to proceed.
3. DON’T Ignore Temporary Orders
Temporary orders can address immediate concerns such as child custody, spousal support, and living arrangements while the divorce is pending.
These orders are legally binding and designed to maintain stability and fairness during the divorce process.
Regardless of how you feel about them, it’s important that you comply with these orders, as violations can negatively impact your case, potentially leading to legal penalties or unfavorable rulings.
Adhering to temporary orders demonstrates your willingness to cooperate and respect the legal process, which can positively influence the final outcome of your divorce.
4. DON’T Use Social Media Recklessly
Be cautious about what you post on social media during your divorce.
Incriminating or inappropriate posts can be used against you in court, potentially affecting the outcome of your case.
Even seemingly harmless posts can be misinterpreted or taken out of context, leading to unintended consequences. It’s best to avoid discussing your divorce or personal matters online altogether.
Remember, once something is online, it can be challenging to remove, and it may be accessible to opposing parties.
Maintaining a low profile on social media can help protect your interests and ensure a smoother legal process.
5. DON’T Rush the Process
Divorce is a significant life change, and it’s essential to take the time to make informed decisions.
Rushing through the process can lead to mistakes and unfavorable outcomes that may be difficult to rectify later.
Take your time to find the right attorney and trust their guidance. This may sound frustrating, but you need to take the necessary time to ensure a fair and equitable resolution for you, your children and your future.
Taking a measured approach through the process will allow you to fully understand the implications of each one and help reduce the emotional and financial stress associated with divorce.
Remember, patience, research and thoroughness will all lead to a more stable and positive future post-divorce.
When Divorce is Imminent and You Need an Expert – Reach Out to Geigle | Morales for Help
Navigating a divorce in Colorado can be complex and confusing – but understanding some of the most important dos and don’ts will help you approach the process with confidence.
Choosing a law firm like Geigle | Morales will give you the support you need for every step along the way.
Remember: your attorney should be your #1 ally throughout this journey.
Our attorneys and staff are ready to be that ally for you.