A divorce can be a stressful and contentious matter – and not just because of the impending end of your romantic relationship. Financial matters are also particularly important in divorce, and they can have a lasting impact on each party’s quality life. If you are planning on filing for divorce or have recently been served, beware of these money issues in your case and learn how an experienced divorce lawyer may be able to help protect your interests and financial future.

Housing and Living Expenses

When couples split up, one typically leaves the family home. The other may stay, or the couple may agree to sell the home, and both may vacate the premises. Regardless of the living arrangements that they agree to, parties are encouraged to prepare for an increase in living expenses. Couples should also consider how a decrease in household income – an inevitable side effect of divorce – may impact their respective financial situations. As an example, consider downsizing early, before the proceedings begin, if maintaining the family home is not looking like a viable option.

Financially Disadvantaged Spouses

In a marriage, one party typically handles the couple’s expenses and assets. In some cases, this same party is also the sole provider. When these two concerns are combined, it can create a serious disadvantage for the non-earning spouse. While alimony or child support might be an option, even before the divorce is finalized, disadvantaged spouses sometimes lack the knowledge or resources to pursue such relief on their own. An experienced attorney can help – even if the disadvantaged spouse does not have their own money to spend. So, do not skip the lawyer just because you lack liquid funds. Instead, find out what options may be available to you.

Two people do not get married and plan to get divorced at some later time. The topic of divorce is sometimes brought up when people and circumstances change over the course of years. Over time during a marriage, there will be many challenges, but it is when you no longer want to conquer them with your spouse that a divorce sounds like the better option.

The statistical likelihood of who gets divorced varies based on many factors such as age, the length of marriage, and if a person has divorced before. In the last two decades, the overall number of divorces have decreased from 2000 to 2014, challenging the widely accepted “truth” that half of marriages end in divorce. (The actual rate of divorce is estimated to be between 30 and 40 percent in today’s world.)

Factors Involved in Deciding to Divorce

Whether or not you have seriously considered divorcing your spouse or not, here are some signs that it is time to get a divorce:

Aside from the death of a loved one, getting a divorce is the most stressful event that is likely to happen in a person’s life. This is because a divorce encompasses almost everything in your life, from where you live and how much time you spend with your children, to your monthly expenses and tax implications. The process of divorcing your spouse is not just a legal one -- it is as much an emotional process as it is anything else. While people may tell you that you will be much happier after your divorce is over, there are plenty of realities that nobody really talks about. Here are a few things that you may not be prepared for when it comes to life after your Illinois divorce:

#1: You Will Probably Feel a Loss, Even if You Initiated the Divorce

Getting a divorce is a huge change in your life. Even if you were the one who wanted the divorce because you believed that your marriage had broken down beyond repair, you will still probably feel a mix of emotions, such as sadness, anxiety, and loss. Getting a divorce is a major life transition, and you not only lose your spouse as a life partner, but you may also lose your relationships with others who are associated with your spouse, such as their family and friends. Adjusting to this loss can take time.

#2: You Might Get Mixed Reactions From Family and Friends

Unfortunately, a divorce can bring out the worst in people, including your loved ones. You may find that some people in your family treat you differently, and you may also find that some of the people that you considered to be your friends will not be there for you when you need them. On the flip side, you may also find that some people that you were never really close to before may step forward and offer the love and support that you need.

Mediation, negotiation, and collaborative divorce are typically the preferred options for resolving a divorce in modern times. They tend to save spouses time and money when they are already going through a difficult period of transition, along with their children. In most cases, it is suggested that spouses at least make an effort to settle their divorce outside the courtroom before resorting to litigation. Even couples who cannot tolerate each other’s presence can sometimes successfully reach agreements through attorney-facilitated communication. However, these alternative resolution techniques are not always practical - or a good idea. In some cases, you will need to go to divorce litigation just to achieve a fair result.

If you anticipate that your divorce will require litigation to solve, it is important that you find an attorney who will aggressively guard your interests in court.

3 Good Reasons to Proceed With Litigation in Your Divorce Action

There are divorce cases where some or all issues can only be resolved through a courtroom battle. Divorce courts exist for a reason. Sometimes an impartial judge is the best person to decide issues including property division, whether spousal support is appropriate, and child custody arrangements. Reasons your attorney may advise you to proceed with divorce litigation in a high-conflict case include:

Getting a divorce can be emotionally and financially draining even when both spouses are cooperative and interested in an amicable resolution. The process can be even more difficult in high-conflict cases. Litigation may be necessary to resolve certain disputed issues when an agreement cannot be reached.

Perhaps your spouse is being unreasonable and refusing to negotiate, or perhaps there is legitimate disagreement over who should keep certain marital assets. When divorce becomes a contentious battle rather than a collaborative process, it is especially important that you seek out strong legal counsel to advocate for you.

Options to Consider During Contentious Divorce Cases

You may feel as if your options are limited, but you could have more tools available than you think. When you are facing a high level of conflict during divorce, here are a few things to consider:

The relationship between a child and her grandparents is special. Grandparents often play a pivotal role in a child’s upbringing, providing comfort, wisdom, and often, cookies. Colorado recognizes the importance of these relationships and is one of just a few states that has codified grandparents’ rights. However, these rights are not automatic - there is a family law process grandparents must follow in order to assert their rights, and there are certain circumstances that must exist.

If you are a grandparent and feel that you may need a court order to keep seeing your grandchildren, it is important to consult an attorney. The legal process for asserting grandparents’ rights can be tricky and you will want a strong legal advocate on your side.

When Can Grandparents’ Rights be Asserted?

In order for grandparents to assert their legal right to visitation with their grandchild, one of several qualifying circumstances must be present in your situation. These qualifying circumstances are:

When going through a divorce, each party may be considering what property or belongings they feel entitled to when the process is complete. While there are some states that allow for completely equal division of property, divorcing couples in Colorado will face equitable distribution. If you are considering a divorce, it may be in your best interest to seek legal counsel in order to better understand divorce laws in your area and reach a settlement that best suits your needs.

Colorado’s Equitable Distribution Law

In the state of Colorado, it is not automatically assumed that marital property is owned by both parties or that it will be divided equally in the event of a divorce. Instead, Colorado divorces follow the rules of equitable distribution. This means that marital property will be distributed in an equitable manner. Equitable distribution often grants the higher-earning spouse a larger portion of the assets in a divorce settlement.

There are many factors involved when a court is responsible for determining this type of property distribution. A judge will consider the economic situation of each spouse following the property division, the unique value of the property to each spouse and the contribution each spouse made to acquire the marital property. The contributions set forth by each party will also include the efforts made by a spouse as a homemaker.

At one time, divorced parents were able to arrange for childcare in whatever way they thought best during the times they had physical custody of their child. However, over the years, Colorado family laws have evolved and changed. One of the changes that were made was adding the right of first refusal for parents in custody and childcare situations. The law now requires parents who need to arrange for childcare to first offer the other parent the option of watching the child before they look for someone else to babysit.

How Does Right of First Refusal Work?

The goal of the change was to ensure the best interest of the child – which is the legal standard for all custody decisions – is always met. In the majority of cases, the courts believe that it is in the child’s best interest to spend as much time as possible with each parent, and that it is far better for a child to spend time with a parent than spend that same time with a babysitter or a nanny.

When parents are negotiating a parenting plan, either because of a divorce or custody case, the courts do allow them to come up with a practical way of implementing the right of first refusal. If they cannot agree on how it should be done, the court will come up with a plan for them.