Colorado Divorce And Family Law Blog

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.

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.

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.

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.