A skilled divorce attorney can manage and reduce conflict and stress when divorcing. High conflict divorce can include disputes over property, maintenance (more commonly known as alimony), and also parenting time and decision making where there are minor children of the marriage. While some spouses want all-out war when divorcing, our high conflict divorce attorneys will zealously defend your legal interests while working to resolve your high conflict divorce through settlement or aggressive trial advocacy.
When a divorce is high conflict, a skilled divorce attorney will inform you of your options to reduce the conflict and to move your case towards resolution. When children are involved in a high conflict divorce a focus on their wellbeing should be prioritized.
Establishing Temporary Orders can provide for clarity as to who may access the marital home, how bills are to be paid, access to accounts, temporary maintenance, and also temporary parenting time when there are minor children. Ensuring that temporary orders are highly detailed can greatly assist with reducing conflict when divorcing. When circumstances change after temporary orders are established they can be modified under limited circumstances.
Reducing communications between you and your spouse can also reduce conflict. As part of any temporary orders hearing, or at any time while your case is pending you can request the Court to limit or restrict communications with your spouse. A complete restriction on communications with your spouse will require all relevant information being communicated through your divorce attorney. When communications are limited the mode of communication (email, text, phone, in person, etc.) can be excluded or specifically allowed and designated as the mode of communication. The subject matters to be communicated can be either designated as permissible with all other matters being excluded, or specific subjects can be excluded.
Discovery is common in high conflict divorces, as the standard financial disclosures are often incomplete or missing. Ensuring complete and accurate financial information is being shared is of critical importance, because disclosures are not always forthcoming in high conflict divorces. Colorado law provides for both written discovery and depositions when warranted, and your high conflict divorce attorney can help identify what discovery strategy would fit the details of your divorce.
Picking and choosing the correct option to address the conflict in your divorce case is of critical importance. While contempt may be an option, a motion for entry of judgement or a motion to enforce may be better options, depending on the circumstances. While the disclosure of information is required by the Court, sometimes fighting with the other party to produce what they should can be more expensive than just issuing a subpoena and obtaining the information through other legal means.
When a party does not comply with Court Orders, filing for Contempt, Motions Concerning Parenting Time Orders or Motions to Compel should be considered, but alternatives to court action are available as well. Addressing the failure to comply with Court Orders by communicating with the other side can often resolve matters.
When communications and informal requests with the other side do not produce the necessary responses and documentation, discovery can be pursued. Discovery in your high conflict divorce may include interrogatories, requests for production of documents, subpoenas, and depositions.
Seeking an award of attorney’s fees may be an option when the other spouse unreasonably increases the costs of the divorce. Pursuant to Colorado Revised Statute 13-17-102 the Court may award attorney’s fees when the action of a spouse are groundless, frivolous or vexatious.
Seeking the assistance of a counselor or therapist can also be helpful when going through a high conflict divorce. When emotions are high and the history of the relationship is long people often need to find new and healthier ways of dealing with their spouse. As your divorce progresses you will find your new normal, as well as new ways of interacting with your soon to be ex-spouse.
Planning in advance for a divorce can also help when facing a high conflict divorce. If you are preparing for a divorce, or find yourself facing a high conflict divorce, schedule a time to meet with one of our high conflict divorce attorneys to learn how we can help.
If you have decided to get a divorce, the next steps can seem daunting. Here we provide a few answers to common questions about filing for divorce.
Depending on your family, financial, and personal circumstances there are many factors you will want to consider when filing for divorce. Find out what type of divorce is right for you.
How long will it take for the Court to issue a Decree of Dissolution of Marriage? The earliest a Colorado court could issues the divorce decree is 91 days after the petition was filed. However it can take longer than 91 days, as expert valuations and reports may be needed.
How can a divorce attorney help with an uncontested divorce? Uncontested divorce generally means the parties have agreed upon all issues, or they believe they will be able to easily agree on all issues. A divorce attorney can help with an uncontested divorce by ensuring everything drafted properly.
What are mandatory financial disclosures? Financial disclosures are required of both parties in every divorce case, within the first 45 days after the petition has been filed. The exchange of mandatory financial disclosures is intended to put each party on a level playing field as it relates to the finances of the divorce.
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