Family Law Blog

Top 10 Legal Mistakes by Divorcing Couples

By Denver Divorce Lawyer on February 25, 2009

A recent article in Divorce360, a website with resources for divorcing couples, outlined the top 10 legal mistakes that divorcing couples make which cited a book called, “Surviving Separation and Divorce” by Loriann Hoff Oberlin as the source for the list. These legal mistakes were, in order:

1. Believing your spouse will be fair and cooperative—In matters as emotionally charged as divorce proceedings, it is the exception rather than the rule for a spouse to be accommodating as resentment often causes people to act in their own best interests.
2. Having unrealistic demands or expectations of what you will gain from the divorce— Oberlin claims that too many people expect to get everything they want in a divorce and set themselves up for disappointment.
3. Signing documents without asking questions about them— As most divorce documents are legally binding, you should always take the time to read and fully understand a document before signing it.
4. Withholding pertinent information from your attorney— In an effort to conceal financial and other types of information, some people do not disclose important facts to their attorney and inhibit their ability to provide the best possible legal representation.
5. Not checking facts and figures provided by your attorney— Divorce attorneys make honest human mistakes like any other person, so make sure to double-check all the information they provide for accuracy.
6. Making legal decisions based on emotion rather than logic—Letting your emotions make important decisions is almost certain to result in lapses in judgment with lasting repercussions.
7. Expecting the court to see things from your perspective— No matter the strength of your convictions and how sure you are that you’re right, a presiding judge may see things in a different way.
8. Letting too much time pass before enforcing a court order— In the maelstrom of emotions that divorcing couples experience, they may procrastinate and not sign legal documents in a timely manner. This can lead to unforeseen and unintended consequences.
9. Forgetting the tax ramification of legal decisions— Oberlin recommends that divorcing couples speak with a financial advisor so that they may have a better idea on how the division of property will affect them financially.
10. Hindering your own case— Many divorcing couples make the mistake of calling their divorce attorney several times a day or otherwise obstruct their ability to do their job with frequent interruptions. Oberlin advises that it’s best to ask your divorce lawyer how you can help them rather than pester them.

The Colorado divorce attorneys at family law firm Kaplan Law L.L.C., have been helping couples settle matters of child custody, visitation, and other divorce matters for many years. To speak with an experienced Colorado divorce lawyer, call Kaplan Law L.L.C. today.

Financial Troubles Inspire Divorcing Couples to Rethink Divorce

By Denver Divorce Lawyer on February 18, 2009

This report from WTOL on divorce claims that the current recession and the costs of divorce are inspiring some couples to explore less expensive ways of dissolving their marriage, and causing other couples to work on saving their marriages in times of economic hardship. Linda Vanderpol, an Ohio marriage and family therapist, said that she has seen a recent increase in people whose main reason to stay together is financial. Vanderpol said, “This month in particular, I’ve noticed several of the people saying, ‘Well, ya know, we were gonna go to our divorce lawyers, but we’re gonna try one more thing.’

Officials from Ohio’s Lucas County Domestic Relations Court echo Vanderpol’s assertions and claim that fewer couples are filing for divorce. The Domestic Relations Court cites that the amount of couples filing for divorce in 2008 was 1,839—a figure down sharply from the 2,047 divorce filings in 2003.

Ohio lawyer Colleen Dooley also claims that she’s seen the downward trend in divorcing couples reflected in her own practice, but expresses surprise at some of the non-traditional approaches to divorce that some couples are pursuing to save money in tight economic times. “I’ve had people who’ve tried to do their own divorce through something on the internet and it gets screwed up,” Dooley said. “I know in one situation the court kept rejecting their documents, and at one point they finally told them they’d do well to contact a lawyer or else their divorce would be dismissed.”

Financial difficulty can create strain in any marriage and is a common cause for couples to divorce. But the current economic climate coupled with the high costs of divorce is creating some previously unforeseen trends in couples filing for divorce, couples seeking less expensive alternatives to dissolve their marriage, and couples trying to work out their differences.

If you live in Colorado and are contemplating divorce, the family law firm Kaplan Law L.L.C., is staffed with experienced Colorado divorce attorneys who can assist with this difficult period of your life. Their Colorado divorce lawyers can explain your options, help you explore less expensive alternatives to divorce, and resolve child custody and visitation disputes.

Divorce Rates Rise in January

By Denver Divorce Lawyer on February 11, 2009

People who work in fields related to marriage dissolution say that each January brings a spike in couples filing for divorce according to this article from InsideBayArea.com. They say that there is a predictable drop in divorce rates from Thanksgiving through New Year’s Day as couples planning to divorce delay their plans until after the holidays. Experts cite money problems as one of the main causes for divorce, but also say that the current recession presents a paradox for divorcing couples.

The recession is causing additional financial difficulty for couples already struggling to make ends meet and this friction amplifies any other problems the couple may be having. Yet, the costs of getting a divorce, living separately, and raising children make divorce a financially unappealing option.

Experts claim that a weak economy inspires divorcing couples to find less expensive ways to dissolve their marriage and minimize the costs of living and raising children separately. Some of these alternative approaches may include the couple continuing to live together as roommates or a mediated settlement that doesn’t involve lawyer and court costs.

Colleen Durcan, a manager for a divorce hotline in California said, “There are a lot of options if a couple is willing to work with each other. I think people are frightened with what divorce costs.” Durcan said that the predictable January increase in divorce rates of around 30 percent is likely to occur again this year, but last January brought a slight decline in the annual spike.

Legal professionals who deal with divorcing couples claim that it is not uncommon for a divorce involving lawyers to cost around $10,000 per couple. But if the divorce is especially bitter and goes to court, the additional court costs can push the cost of divorce well past $70,000. Alternatives such as mediation can result in much lower costs around $3,500 if both parties are agreeable and want to dissolve their marriage as inexpensively as possible.

Colorado couples who are thinking about divorce but are concerned about the costs may wish to contact the Colorado divorce attorneys at family law firm Kaplan Law L.L.C. This law firm of experienced Colorado divorce lawyers can answer any questions the couple may have and will help them sort out any custody or visitation issues they may be having.