In the best-case scenario of divorce, both spouses agree to part with mutual respect and manage to reach a settlement agreement on all aspects of Denver divorce, including the fair division of their marital assets, child custody, child support under the state’s guidelines, and spousal maintenance when appropriate. However, not all divorces go smoothly.
In some cases, it isn’t possible—or even legally advisable—to compromise, and the divorce becomes a contested divorce in court, with all the legal and emotional difficulties that come with the process. Understanding what not to do during a difficult divorce is as important as knowing what you should do to facilitate the most straightforward process possible.
Even when it seems like a contested divorce is inevitable because you and your spouse cannot agree on one or more aspects of the divorce, there is still hope that you can reach a settlement agreement and avoid the expense, time, and contention of court. Before going to court for a difficult divorce, it’s important to explore additional options such as:
Avoiding divorce court makes it easier to move forward after divorce with less adversarial feelings, which is especially beneficial for divorced spouses who share children.
It can be tempting to hide assets or spend what you feel is your share before the divorce, but all assets accumulated during the marriage belong equally to both spouses. Colorado law demands fair and equitable distribution of marital assets. Failing to fully disclose your assets during the divorce process is perjury, and almost always backfires, resulting in the judge awarding a larger percentage of assets to the other spouse.
No matter how upset you are with your spouse, it’s crucial to maintain a calm, polite demeanor in court. Do not speak out of turn or use an angry or disrespectful tone when testifying or answering a judge.
Showing disrespect or a lack of self-control in court can have an adverse impact on your goals for child custody, asset division, or spousal maintenance (alimony). Depending on how disrespectful or disruptive your behavior is in court, it could also result in civil or criminal contempt of court charges.
Your demeanor in court is only part of what a judge considers in a difficult divorce. A spouse may also present evidence such as threatening, harassing, or intimidating messages, emails, or social media posts from the other spouse. Even if it was only a single thoughtless moment when you were feeling overwhelmed, anything put in writing or left in a recorded message can be used as evidence against you to sway a judge’s decision in the other spouse’s favor.
Finally, if you and your spouse share children, it’s critical to maintain civility in front of them and present a united front as parents. The Colorado courts prioritize children’s best interests, and it’s vital to show that you do as well. Even in a difficult divorce with one or more disputes, your children’s needs come first. Never malign or undermine the other parent to your children. Instead, ensure they know that you will continue co-parenting them and remain a family.
The pathway to a divorce is never easy. Deciding that divorce is inevitable usually happens only after many months or years of emotional upheaval and anguish, and then the challenging legal process begins as well. Instead of facing a difficult divorce process without the experienced legal counsel you need to protect your interests, call Ciancio Ciancio, Brown, P.C. so that we can put our decades of experience, knowledge, and resources on your side.
