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Greenwood Village Family Law Blog

Raising concerns about future child abuse

When going through a divorce or separation, it's likely that you have now seen the best and worst of your ex's personality. While you may have some nice memories, the worst of their behavior may be considered by you to be unforgivable and concerning.

Anger and rage are common emotions expressed by those who are facing separation, but this does not mean that violence or psychological abuse is acceptable. As well as being fearful for your own safety, you may also be concerned for the future safety of your children if your ex gets visitation rights.

How to deal with an angry child during divorce

Children react to divorce in different ways. The way that your child will react will depend on a number of factors, including their age, personality and the way that you approach the subject with them. While some children may be unaffected by their parents' divorce, other children can display excessive anger, or, conversely, can become extremely reserved and timid.

If your child has become very angry as a result of your impending divorce, it is important to address the root issues and give them the time and attention that they deserve. While you should never condone angry behavior, you should understand that this is a reaction to unexpressed or unresolved emotions. The following are some tips to help your child cope with the inevitable changes that will occur in their life.

Equity and financing impact home buyout during divorce

A number of factors could influence a person's decision about keeping or selling a family home during a Colorado divorce. Someone might have a sentimental attachment to the home, or a parent might desire the family home to limit disruption in the lives of children. For a single person to retain sole ownership of a marital home, the home's equity must be determined as well as the person's ability to secure a mortgage under a single income.

The equity represents the ownership value that a couple has on a property after subtracting a mortgage or other lien from the appraised value of the home. Calculating equity matters because it influences the amount that a person needs to finance to buy out the departing spouse. A professional home appraiser, real estate broker, or real estate agent could estimate a home's current value for a fee.

How child custody laws relate to boarding school matters

When two parents are divorced, making important decisions about their child's future can be challenging. Decisions regarding which school to enroll in can be particularly problematic since education has such a crucial impact on a child's life.

Many divorced parents have conflicting philosophies when it comes to education. It's common for some to believe that investing in the best possible education will be in the child's interests. However, other parents might argue that boarding school could be an alienating or isolating experience.

Divorce and determining spousal support

Spousal support is a common concern among Colorado couples who are going through the divorce process. In general, a court will consider the incomes of both partners and the couple's lifestyle. The judge may also consider other factors, including the length of the relationship, the age and health of both partners, whether there are minor children and what non-marital assets each person owns.

One may be required to pay support that assists the other spouse in getting more education or training to prepare for a new career. Spousal support can also be made modifiable. This would mean that the amount paid could change if either spouse had a significant change in income. However, some people decide against making it modifiable since going back to court can be costly in both time and money.

How divorce can hurt credit scores for women

Divorce is notorious for being a huge financial burden. However, the impact on credit scores can be particularly harsh for women in Colorado. While divorce proceedings don't have a direct impact on credit history, the resulting financial difficulties can cause women to miss payments or even default on certain accounts. These circumstances can significantly lower a person's score, making it much harder to buy a car, purchase a house and secure independence after a divorce.

A big reason why credit often suffers after a divorce is due to creditors not honoring divorce decrees made in court. If a judge decides that one party is responsible for paying a car loan even though both ex-spouses have their name on it, the creditor will still punish both parties in the event of a default. This situation applies to all types of loans, including mortgages and credit cards. If one party decides to default on multiple accounts, the impact on the other party can be disastrous.

Dividing multiple properties during divorce

In general, the more assets that you have to divide in a divorce, the more complex the negotiation can be. Having multiple homes as a married couple can present significant problems in the negotiation process. This is especially true if you have one primary home and multiple vacation homes out of state or overseas.

If you are divorcing in Colorado, it is important to note that the state recognizes equitable distribution when it comes to asset division in a divorce. This means that marital assets will not simply be subject to a 50/50 split if the court is making the ruling. Instead, the divorce courts will consider many different factors relating to the marriage in order to decide what seems fair and just.

How to meet a child's needs in a divorce

When parents get divorced in Colorado or anywhere else, it is important to consider how the children will be taken care of financially. Generally speaking, the noncustodial parent will make payments to the custodial parent to help with the burden of paying expenses related to raising a child. In some cases, state guidelines will be used to determine how much a custodial parent is entitled to. However, judges are allowed to stray from those guidelines if necessary.

For instance, if a child has special needs, a noncustodial parent may be asked to contribute more to help cover them. It is important to note that a child support order can be modified in the future if necessary. This could occur if a parent sees an increase or decrease in income or if other circumstances make a modification necessary. Parents typically cannot modify an agreement on their own.

Living arrangements could be pivotal in custody cases

Where and how a parent lives can play a role in a child custody decision, and this is generally true in Colorado and most other states. However, there is no one standard used to determine if a parent's lifestyle is conducive to raising a child. For instance, if the parent and child are not the same gender, it may be best for a parent to provide as much privacy for the child as possible.

An older child may need more room than a younger child, and privacy concerns may also become an issue with an older child. Of course, judges understand that parents may not have the financial means to provide a child with his or her own room, bathroom or other private spaces. Although a judge will likely provide leeway when it comes to a parent's financial situation, a mother or father should have the means to meet a child's basic needs.

Joint custody is becoming increasingly common

These days, fathers in Colorado are more likely to get joint custody. This is a big change from what was commonplace for much of the prior century. Mothers were granted sole custody in roughly 80% of cases in 1980. Nearly three decades later, this was true about 40% of the time.

Most courts today favor and encourage joint custody or equal parenting arrangements. However, it's legal custody of a child that's more likely to be equal among both parents. Mothers are still favored with residential/physical custody, which refers to where a child primarily resides. This discrepancy is typically due to logistical issues, especially with school-age children.

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