Considering Divorce, But Not Sure Where to Start? Here Are Some Helpful Tips.
The beginning of the year is often a busy time for divorce attorneys. According to the American Academy of Matrimonial Lawyers, divorce filings increase in January, and peak in March. What causes this increase? Many couples who are considering divorce wait until after the holidays to begin the process. For others, the stress of the holidays pushes them from thinking about divorce to taking action.
Are you thinking about filing for divorce in the new year, but not sure where to start? Here are four things to think about as you make your plan.
How to Tell Your Spouse
When having any discussions about divorce, you should always prioritize your safety. If you are concerned that discussions will become volatile, it’s best to create a plan to move out before you bring up the topic of divorce. Often, by the time a divorce is filed, it’s not a surprise to the other party. In that case, it might be helpful to sit down with your spouse and discuss options for filing and resolving your divorce before anyone files with the court.
How to File
Most people visualize court appearances and judges when they think about divorce. However, you have lots of options when filing for divorce, some of which involve no or minimal court appearances. As part of the court process, you will be required to mediate before a final hearing. If your spouse will agree, you can attend mediation before filing for divorce. If you reach an agreement, you can file all your paperwork at one time. Another option is the Collaborative Divorce process. This is a team-based approach, and is designed to help the parties divorce holistically, considering parenting, financial, and emotional/mental health needs of the family. You can find copies of the forms needed to file for divorce on the Colorado Judicial Branch website. If your divorce will be amicable, you can file as co-petitioners. This eliminates the need to have your spouse served.
Housing
You also want to think about where you’ll live while the divorce gets resolved. Some parties choose to remain in the same home until they decide whether to sell or refinance the home. Others get their own apartment or move in with family or friends. If you can’t agree with your spouse, you can ask the court for a Temporary Orders Hearing to address maintenance, child support, and use of the home. It can take a couple of months to get in front of a judge, so you’ll want to make sure you have an interim plan in place before you file.
Hiring an Attorney
Many individuals are tempted to do their own divorce. Whether that’s from a fear of an attorney making things more contentious, or the cost of hiring an attorney, I understand. However, having an attorney at the start can save you lots of money in the long run. Hiring an attorney can be intimidating, so I’ve outlined some questions that can help.
I hope that this article was helpful! For a more detailed overview of the divorce process, please visit my blog post here.
Are you ready to take the next step? I’m here to answer your questions and help develop a plan that works for you.