4 Marital Property Mistakes to Avoid
4 Marital Property Mistakes to Avoid Financial problems and debt can be major issues in marriages – and in the divorces that may follow. Whether or not you and your partner are financially stable or struggling – and regardless of whether you are preparing for marriage, an anniversary or a divorce, avoiding the following mistakes with your marital property can be essential to protecting your interests in it – no matter what the future may hold: Mistake 1: Not maintaining a personal checking account In other words, putting all of your funds into a single joint account is usually a mistake, as it can complicate your claims and access to them if or when a divorce occurs. So, the bottom line here is that you may want to consider maintaining a separate checking and/or savings account to set up some clear boundaries regarding marital versus separate property. Clear boundaries can be one key to a successful marriage – and they can facilitate a divorce process if the marriage doesn’t work out. Mistake 2: Using personal funds to pay off marital debts When separate property is used to pay off marital debts, there’s a risk that the payer will never be reimbursed for his or her expenditure. If the marital debt grows, it can be increasingly likely that reimbursement will never happen. So, it’s best to serious consider whether you want to use (or lose) your separate property to the marital debt or whether it may be time to explore other options. Mistake 3: Assuming that property you had before the marriage will automatically remain separate property in divorce This can be a costly mistake because, even if the property has not been comingled with marital property, it may have increased in value due to the contributions or investments of your partner/ex. For instance, consider a home. If the husband owns the home going into the marriage, but the wife contributes to mortgage payments, assists in renovations and carries out general upkeep, she can have claims to some portion of the home in the event of a divorce. So, don’t assume separate property prior to a marriage will always remain so in divorce. If you really want to keep certain property as separate consider developing a prenuptial or postnuptial agreement.. Mistake 4: Not protecting business interests before a marriage sours This mistake can cost people years of hard work developing and running a business. So, the bottom line here is that business owners may want to consider sooner rather than later how they will address their partner’s potential interests in their business in the event of a divorce. Setting these terms up now can be essential to limiting costs (in terms of business losses and the costs of divorce) later. Contact a Douglas County & Centennial Divorce Attorney at Robbins Law Firm LLC For experienced, effective representation in Colorado divorce, contact a Douglas County & Centennial divorce attorney at Robbins Law Firm LLC by calling 720-419-3063 or by emailing us via the contact form on this page. Weekend and evening appointments are available upon request. From our office based in Centennial, our attorney provides the highest quality family law services to clients in Centennial, Parker, Aurora, Castle Rock, Elizabeth, Douglas County, Arapahoe County, Elbert County, Jefferson County and throughout the state of Colorado.
How Much Is My Divorce Going to Cost?
How Much Is My Divorce Going to Cost? The financial cost of your divorce will depend on a number of factors specific to your situation and circumstances. While you are encouraged to contact our Centennial divorce attorney for more precise answers, what we can tell you here is that, in general, the following factors usually play the biggest role in determining how expensive a Colorado divorce will be: Want to Cut the Costs of Your Divorce? Hire an Experienced Lawyer Although it may sound counterintuitive, hiring an experienced divorce lawyer to represent you can be pivotal to keeping the costs of your divorce in check and to: That’s because, by investing in legal representation, you can gain an aggressive advocate who can help you avoid costly divorce mistakes while efficiently guiding you to favorable resolutions. Contact a Douglas County & Centennial Divorce Attorney at Robbins Law Firm LLC For experienced, effective representation in Colorado divorce, contact a Douglas County & Centennial divorce attorney at Robbins Law Firm LLC. At Robbins Law Firm LLC, our attorney and her dedicated staff are focused on providing our clients with superior representation while preserving their rights and advancing interests in divorce cases, as well as other important family legal matters. To find out more about your best options for resolving your divorce, set up a meeting with our lawyer today.
SHOULD YOU USE MEDIATION IN YOUR DIVORCE?
SHOULD YOU USE MEDIATION IN YOUR DIVORCE? Divorces are stressful and can cause all sorts of emotional and physical problems ranging from headaches, anxiety, depression, panic attacks, and other health issues not to mention the potential financial costs of a divorce. Anger and disappointment are common feelings that can arise during divorce negotiations. Many times the parties have a hard time communicating with each other about settling divorce issues such as division of property, child custody, visitation and spousal and child support issues. Besides seeking the support of family, friends and profession advice, a number of couples are opting for divorce mediation to resolve their divorce issues in order to avoid the stress of a costly and lengthy divorce trial. What is a mediator? A mediator is a neutral third party that assists parties in settling any unresolved issued during the divorce. The mediator may or may not be an attorney. The important thing to remember when hiring a mediator is that you want someone who has experience in mediating divorces. While mediation is less expensive than going to trial, mediator services vary so it is a good idea to interview a few mediators and then choose the one that you think is best suited for the job. How Does Mediation Work? The initial consultation meeting with the mediator is held at the mediator’s office . At the initial meeting, the mediator will explain the mediation process and have both parties sign a mediation agreement. If you are represented by our own family law attorney, you can consult with the attorney. Anything that you say in mediation is kept confidential and does not get included in the public court records. Typically, the two parties share the costs of the mediation fee. Any variations can be decided by the parties on their own. The mediator acts as a facilitator to try and help the parties resolve their divorce issues. The mediator does not decide or rule on the issues like a judge. It is up to the parties themselves to come to an agreement. The mediator will help by making suggestions or helping the parties determine if additional information needs to be provided by one of the parties. Mediation may involve more than one session if the parties are unable to decide all the issues at one time. Mediation works best when the parties are open to suggestions and compromise. So mediation may not be for everyone, especially if one party is hostile towards the other party or the parties refuse to speak to one another. Settlement Once the parties have reached a negotiated settlement, the mediator can draw up the settlement agreement for the parties. If both parties are represented by attorneys, then it is a good idea for each party to have their respective attorney review the agreement before they sign it. Why Choose Mediation? Understanding how mediation works is important because it also explains why more couples choose mediation over going to trial. Mediation is quicker, less expensive and private. There is no stress of having to face a judge in a formal courtroom setting and talk about your personal financial issues and your personal family life. Whatever is said at mediation, stays at mediation. It is confidential, unlike a court hearing where testimony is put into public record and anyone can come in and sit down and listen to you and soon to be ex-spouse fighting over your divorce issues. You have control over decisions without the court intervening. The courts favors divorce mediation and often times will order divorcing parties to attend mediation before a permanent hearing date can be set. If you are contemplating a divorce or having trouble settling divorce issues with your spouse, mediation might be the best choice for you and your spouse to settle your divorce issues in a more amicable fashion and can save you money and time. Contact a Douglas County & Parker Divorce Attorney at Robbins Law Firm LLC For experienced, effective representation in Colorado divorce, contact a Douglas County & Parker divorce attorney at Robbins Law Firm LLC. At Robbins Law Firm LLC, our attorney and her dedicated staff are focused on providing our clients with superior representation while preserving their rights and advancing interests in divorce cases, as well as other important family legal matters. To find out more about your best options for resolving your divorce, set up a meeting with our lawyer today.
What would a good divorce mean to you?
What would a good divorce mean to you? How To Have A Good Divorce Since My Divorce by Mandy Walker The phrase “a good divorce” sounds like an oxymoron. It doesn’t seem possible. The word “divorce” comes laden with negativity, fear and judgement. When we see divorce in the media and the movies it’s overwhelmingly about conflict. Amicable or civil divorces aren’t considered news unless there’s a weirdness factor associated with them such as Gywneth Paltrow’s “Conscious Uncoupling.” Our own beliefs and expectations around what divorce entails, means people often simply stay in unhealthy relationships or procrastinate and delay ending their marriage. What if there was a different way? What if there was a way to break up without the hostility? What if you could get divorced without spending a ton on legal fees and have it consume all your emotional energy? Well there is a different way and it is possible. It’s called a good divorce and joining me for this episode of Conversations About Divorce is journalist, and author Wendy Paris. Wendy wrote the book, Splitopia: Dispatches from Today’s Good Divorce and How To Part Well and she’s also the founder of the comprehensive divorce wellness website, Splitopia. What Makes A Good Divorce Possible? The way we divorce has changed significantly in the last 20 years and these changes do make a good divorce possible. Paris cites four areas that contribute to this. First, all 50 states now have no-fault divorce laws which means that a court is no longer sitting in judgment on whether the marriage should end but rather is focused on the division of the finances and the parenting. This means spouses no longer have dig up dirt on each other to present before a judge. Another factor is the increasing role of women in the workforce. This means that the economic burden of ending a marriage doesn’t fall solely to the man and women have an increased capacity for supporting themselves. The role of fathers has changed too and there is much more recognition and acceptance of the importance of fathers being actively involved in the lives of their children beyond the end of the marriage. This translates to less fighting about where the children are going to live. And the other reason Paris gives is that too much reliance was placed in the past on divorce studies showing harmful effects of divorce when those studies were biased and inaccurate. We now have more reliable data and findings supporting how to protect children from long term harm resulting from divorce. None of these changes make divorce easy but, “Just because it’s difficult doesn’t mean it has to be terrible, doesn’t mean it has to be disastrous,” said Paris. The likelihood of you having a good divorce is probably moderate. It’s estimated that 20 percent of couples are going to have a decent divorce. Another 20 percent are going to have a rough time with diagnosable mental illnesses playing a role. Paris says the remaining 60 percent could go either way and these people are highly influenced by their own beliefs and expectations about divorce. What Is A Good Divorce? For Paris having a good divorce meant But not all of us want the same things and these things realistically may not be possible for some couples. When there’s chronic, severe mental illness, addictions or high conflict, remaining friends may be the last thing on your mind. For some people a good divorce may mean being able to remove yourself from the chaos sooner rather than later, doing so gracefully without spending more than necessary and wanting to look to the future with a positive mindset. So a good divorce is up to you to define. Ask yourself, what is the best I can do in this situation? Stay Out of Court A part of every divorce is working through the legal process but that isn’t the same as litigating your divorce. “One of the best ways to have a good divorce is make this case that even though we are upset, we’re angry, we are in control of our lives. We are the parents here not the judge. We are going to keep our divorce out of court,” says Paris. If you want to stay out of court, it’s also important not to confuse the legal process with closure. Closure is part of your emotional healing and you likely won’t get that from the legal process alone. Rushing into the legal process can also mean mistakes such as choosing the wrong lawyer or choosing a lawyer who is skilled at litigation rather than one who prefers to work cooperatively or collaboratively. Paris recommends that couples work together to understand how the law applies to them and then figure out the division of their assets and how they’d like to share parenting moving forward. Then with that as a foundation, use a mediator or a collaborative lawyer. If emotions are running high, if you’re angry or upset, it’s always best to take a break and then come back to the negotiations when you can think more rationally. It Only Takes One People often assume that a good divorce is only possible if both parties want it. Paris says this is wrong and that it only takes one person. “It’s an interactive loop so when you can change your behavior, it will change how the other person acts.” I’ve seen this. When a person is feeling threatened, if you can show some appreciation, acknowledge their importance to your children, express empathy for what they are feeling, you can create a shift in the relationship dynamic. Doing this once probably isn’t sufficient but keep repeating it and you can start to rebuild trust and confidence in each other. “You can’t change them into a person who you could have a happy marriage with,” says Paris but you can shift your relationship to one where you can co-parent together. It’s not an instinctive reaction for most of us and some professional support from a
In Alaska, Divorce Courts Must Now Consider Pet Wellbeing
In Alaska, Divorce Courts Must Now Consider Pet Wellbeing Hilary Hanson Trends Editor, The Huffington Post This month, Alaska became the first state in which judges are required to consider animal welfare in cases where divorcing couples have a pet. Legislation signed by Gov. Bill Walker (I) in October, which became effective Jan. 17, adds amendments to the state’s divorce laws that have major implications not only for animal welfare, but for the health and safety of human beings as well. Generally, animals are considered property under the law. But Alaska’s new amendments mean that a judge cannot simply regard a pet in a divorce case the same way they would a table or a chair, and instead must take “the well-being of the animal” into consideration when making decisions, The Washington Post reports. The law also makes legal joint custody of a pet an option. Though pets are generally considered property under divorce laws, most people do not see their pets as the same as furniture. As the Animal Legal Defense Fund (ALDF) points out, judges across the U.S. can already choose to consider an animal’s wellbeing in a divorce case – but it’s up to their discretion. Alaska is the first state to codify into law that judges must consider the welfare of the animal involved, and is the first to “explicitly allow joint ownership of a companion animal.” The law is in stark contrast to a Canadian judge’s ruling in a widely publicized divorce case in December. In that case, the judge ruled that a dog “enjoys no familial rights” and threatened to order a couple’s dog sold to the highest bidder if they couldn’t make up their minds about who would get custody. Another new amendment to Alaska law protects pets in domestic violence cases, allowing courts to include animals in restraining orders and requiring abusers to pay support to their victims for pets in their care. According to the National Coalition Against Domestic Violence, between 25 and 40 percent of domestic violence victims choose not to leave a dangerous situation out of fear for their pets. Thirty-one other states have domestic violence laws on animals similar to the one Alaska just adopted, according to the ALDF. The organization praised Alaska for both new amendments, calling the law surrounding divorce proceedings “groundbreaking and unique.” Rep. Liz Vasquez, who sponsored the bill, touted it last year as simply being common sense, given the relationship people have with their pets. “Pets are truly members of our families,” she said in a statement. “We care for them as more than just property. As such, the courts should grant them more consideration. It’s only natural.”