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Colorado Divorce And Family Law Blog

What are acceptable grounds for a divorce in Colorado?

There seems to be a common misconception by spouses across the nation that divorce papers will "tell the story." However, this could not be further from the truth. As a matter of fact, it is quite the opposite. A divorce complaint is comprised of standard language. While there was a time when a filer could be specific when stating the grounds for a divorce request, such is no longer the case.

In the state of Colorado, the only grounds for divorce, regardless of the circumstances, is that a marriage is "irretrievably broken." In layman's terms, too much damage has been done, and it just can't be put back together. Colorado is also a no fault state, meaning that neither spouse is required to prove fault. Previously, when specific grounds for divorce such as adultery, abuse or abandonment were acceptable, the accused may have been expected to prove their innocence.

Set the co-parenting stage with a collaborative divorce

It is a well-known fact that divorces can be nasty. They can be stressful, vindictive, time consuming, expensive, anger fueled, emotional apocalypses if we let them. The good news? They don't have to be that way. There are other options to obtaining a divorce rather than duking it out in a courtroom. The option we want to tell you about today is what is known as collaborative law. It is becoming more common in divorce and child custody matters.

If you have ever heard the term "come to the table", then you understand the basis of a collaborative divorce. It is just that. Both parties, their respective attorneys, the children and possibly even therapists or financial advisors literally all come to the table. It is there that all will have a calm and reasonable conversation to try to settle all outstanding matters. Negotiations and disputes take place in a respectful manner. Open communication and transparency take the place of secret conversations and strategies.

High asset property division and negotiating for success

You probably have strong opinions about certain aspects of your upcoming divorce. What each person values the most from their married life will obviously vary depending on their personality and lived experience.

For some people, the most important consideration will be retaining specific assets, including those that have important emotional value or memories attached to them. For others, the most important part of asset division will be trying to maximize the assets they retain to set themselves up for future financial stability.

Immigration and custody mediation

Divorce is a particularly precarious situation for any immigrant who is seeking permanent resident status. Most immigrants who enter the country based on marriage are considered conditional residents. They are granted a two year period of lawful residency, and must meet certain conditions prior to becoming a legal resident. A divorce within that two year time period immediately raises some red flags with authorities who become tasked with determining whether the marriage was used for immoral immigration, or whether the union was legitimate.

One of the ways in which immigration authorities determine whether a marriage was out of love, rather than need, is looking at whether a child was born between the parties. If so, it is far less likely that the marriage was entered into solely for the purpose of obtaining citizenship. Custody negotiations in a divorce involving an immigrant are a complex matter with much to take into consideration. It is a far less common occurrence for an immigrant to birth a child, rather than just marry a U.S. citizen, to obtain permanent status. Occasionally, the spouse who is a legal citizen will use the immigration status of the other as a means to leverage custody disputes. These can be intense, stressful discussions which most parties would likely not place themselves into voluntarily.

How to cope with the emotional stress of divorce

If we are being honest, divorce can be one of the most stressful events a person can ever go through. It can affect your physical health as well as mental. Sometimes symptoms such as anxiety or depression seem to take over. However, there are ways to cope with it in a healthy way, and find your way back to yourself in no time. Here, we discuss some of the ways to ease the burden.

First, be sure to eat regularly. When in the midst of a really stressful situation, parties sometimes simply forget to eat. Others may feel too sick to eat. Regardless of which one you may be, it is of utmost importance to keep your body nourished during a difficult time. Losing weight too quickly can be harmful. The right foods also help fight depression.

The custody battle from a child's perspective

Think about how many memories you have from your childhood, whether good or bad, that have an effect on you now as an adult. It is amazing how the smallest, most seemingly minute words or happenings turn out to be what shapes us. The little things that "stick". Now think about how you would feel if looking back at those memories, you remembered the hate fueled words your parents screamed as they argued over which you would live with. Or the ways in which they used you as a pawn to hurt one another, constantly trying to make you feel their bitterness toward the other. Those memories wouldn't be so great to reminisce on.

While a child's best interest in the present is always top priority in any custody matter, we must also think about future effects of the battle. The emotional well-being of children often gets overlooked within the heated throes of a divorce. Parents who are navigating their own way through heartache sometimes fail to communicate with children who are also feeling the effects. While it was previously believed by researchers that children who were the product of divorce were troublemakers who stayed depressed and fell behind in school, studies now prove quite different.

Quietly navigating a high profile divorce

For any high-profile, well-known couple, divorce can be an extremely stressful and embarrassing event to navigate. It can become difficult to trust anyone. Where there are children involved, protecting their emotional well-being and shielding them from any public scrutiny becomes a top priority. All of the emotional strain coupled with the stress of dividing high-value assets does not have to be handled alone.

A couple who owns businesses or is known to have a high net worth could potentially suffer damage if certain documents were made available to the public. While divorce matters are always public record, a court does possess the ability to order it to be filed under seal. Sometimes, a judge will order only potentially harmful documents such as financial reports or proprietary information belonging to the business to be sealed. This means that other documents, such as a settlement agreement, would still be available for public viewing.

Keep your divorce's dirty laundry private through mediation

Divorce mediation is an alternative dispute resolution option for those who want to end their marriage without the protracted drama that is a litigated court divorce. Mediation is popular for a number of reasons, including how it gives couples more control over the outcome of the divorce.

It also helps them keep the cost of their divorce lower, which is particularly beneficial for couples with young children or those close to retirement age. Successful professionals and high-profile individuals also often opt for mediation because it can help protect their privacy in a way that standard divorce proceedings often do not.

Infidelity and how it relates to divorce

According to recent statistics, infidelity remains a relatively common issue among married couples in this country, and particularly among older adults.

Generally speaking, one in five of all men and 13 percent of all women admitted to having a sexual affair while married. These numbers do not factor in so-called emotional affairs or other relationships that do not involve sexual intercourse.

Modification of child custody in Colorado

As is the case with other states, Colorado allows for some flexibility when it comes to changing parenting plans.

Judges in the greater Denver area have leeway to modify child custody and parenting time arrangements when circumstances have changed such that the current arrangement is no longer in the best interests of the children involved.

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Fax: 303-648-5874