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Boulder Family Law Blog

Same-sex couples have many of the same concerns as anyone else

Same-sex relationships used to require a lot of advance planning because of the complexities of the laws related to this type of situation. This isn't the case any longer. Same-sex couples have the same rights as opposite-sex couples, so they can now enjoy those without having to worry.

There are many situations that any couple might face during their relationship. Getting married, having children or getting divorced are all some of the situations that might occur. In all of these cases, you will need to make sure that your interests are protected.

Same-sex divorces are very similar to other divorces

With all of the changes that have come into the law about same-sex marriages across the states in the country, some people might be wondering what this means for married couples who fall under this category. In theory, a same-sex marriage ends in the same way as an opposite-sex marriage. Still, there are some challenges that come with these divisions.

Many of the same issues have to be addressed. For example, property division must occur. This can include assets like the marital home and investment accounts. Some assets, including retirement accounts, require special consideration. Since Oberefgell vs. Hodges, a couple's sexual preference doesn't have any impact on these matters.

The journey through a divorce is often difficult

The preparation for getting a divorced is only possible if you know that it is coming ahead of time. Not everyone is lucky enough to be able to do this. Some people have to deal with a surprise divorce. These situations can be emotionally exhausting. No matter which way your divorce was brought up, you need to take the time now to make a plan for moving forward.

There are many different things that are involved in legally ending a marriage. The complexities of these will depend on the circumstances that are present. You can count on having to do some negotiations about the terms of the split, especially if you have property to divide or children to consider. In these cases, you will likely move through the mediation process to get everything decided.

How should you financially prepare for divorce?

While no two people are the same, there are basic steps you can take if you find yourself staring the divorce process in the face.

There is sure to be a lot on your plate, but you should always make time to prepare your finances for the future. This means many things, such as the following:

  • Gather all the necessary financial records: From tax returns to bank statements to pay stubs, all of this information will come in handy at some point.
  • Make note of all your assets and debts: Not only is this important during the divorce process, but it will also help you better plan for the future.
  • Review your credit report: You need a clear idea of where things stand in regards to your credit, so review your report and request your score.
  • Open your own accounts.:You need individual accounts now that you are going through the divorce process. From a credit card to bank accounts, make sure you open these as soon as possible.
  • Get help: There are many types of people who can help you prepare for the future, such as a tax professional and financial planner.

Unique complexities of gray divorce

When most people think of divorces, they think of relatively young couples who have only been together for a few years. However, an increasing number of couples have called it quits after 20 or 30 years of marriage. Gray divorce is the term used for couples who divorce after the age of 50, and due to people living longer, more people have begun divorcing later in life. 

There are complications with any divorce, regardless of how old the spouses are, but lawyers have found certain issues that are more prevalent with older individuals divorcing. It is vital for all parties to be aware of these complexities, so they know what to do before, during and after the divorce proceedings. 

Children's activities must be considered in child custody cases

One battle that parents who are divorced might have to fight surrounds the extracurricular activities of the children. This is a hard situation because of the differences in opinion about what the children should be allowed to do. There are several factors that come into the picture in these cases.

When you are thinking about your child's activities, you have to think about the schedule for them. This is important because if one parent only has a very short amount of time with the children, he or she might not want to devote that time to the activities. For example, if your child has practice every Monday evening, but that is the only night your ex has the children, he or she might not be willing to spend time at practice.

Lists and planning are beneficial during a divorce

A divorce is a painful time in your life, but it can also lead to a beautiful new beginning. When you make the decision to divorce, you are acknowledging that you are worth so much more than what you are having to deal with right now. You might go through a range of emotions in this process, but you just need to remember that all of this will eventually work for your good.

There are many different things that you might need to focus on when you are getting a divorce. The logistics of this decision can be taxing. You might have to find a new place to live. You have to come up with a budget that is based on your income only.

Exercise special care when divorcing with an adopted child

Adopting a child means that you are going to treat that child as your own. This doesn't end if your marriage does. Instead, you will have to handle child custody matters for the adopted child the same as what you have to do for any other child.

You do face some different challenges when you have an adopted child and are going through a divorce. This is especially true if the child was old enough to remember the adoption. Children who were adopted as babies might not have the same anxiety as older children.

The end of a marriage is an emotional affair

When you walked down the aisle and said "I do," you meant that. You never expected that your marriage would end in a divorce. When a divorce is imminent or in process, you might feel like a failure, but this isn't the case. The status of your marriage isn't reflective of you. It simply means that you and your now ex aren't compatible any longer.

Working through the emotional aspects of the end of a marriage can be almost as challenging as trying to negotiate the other matters that you will have to confront. We understand that you have a lot on your plate right now. We want to help you work through the divorce process one step at a time so that you can begin to move forward with your life at a pace that you feel comfortable with.

What factors might lead you to consider divorce mediation?

The busy court calendar in the state of Colorado means that more divorcing couples are being encouraged to consider mediation.

Settling your divorce out of court may sound like a good idea, but what factors will have to be present for you to request this kind of solution for ending your marriage?

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