Coping With Grief during Divorce

Emotions can run high during divorce. It is normal to experience anxiety, anger and even depression after the loss of a marriage. Understanding the universal human responses to grief can help you cope with negative feelings associated with your divorce. The following steps outline a typical grief response, and they can happen in any order.

The Five Stages of Grief

The first stage of grief is denial and isolation. It is normal for recent divorcees to become overwhelmed with emotion and thus attempt to isolate themselves from the outside world, or refuse to acknowledge the loss. Feelings of numbness and apathy sink in.

The next step is anger. Perhaps you blame yourself for the divorce and are angry that you didn’t do something different. Or perhaps you are livid about something your spouse did. These feelings can become especially pronounced during the divorce proceedings, which can be helped by mediation. Anger can be harmful if misdirected, but there are healthy ways to manage it. Talking it out with an understanding friend or channeling your frustration into exercise can help you cope with this stage.

Bargaining, the “What if?” stage, comes next. You might start to think of ways you could have solved the issues before they popped up. What is important to realize here is that you should not assume blame ”“ divorce is a reality many couples face. Getting invested in the “What if?” will only serve to delay your recovery. Focus instead on “What now?”

Sadness and mourning come afterward. You might think back to all of the good times you had with your spouse. You might feel hurt by how the divorce could affect your children. These feelings are normal. Working them out with a friend, family member or even a therapist can go a long way in helping you feel normal after a divorce.

And finally, you come to acceptance. Divorce is a long and winding road, but you do not have to go through it alone.

Divorce Matters ”“ Denver Family Law Attorneys

“Gere”ing Up for Bitter Divorce

Richard Gere, the silver fox known for roles in movies such as “Pretty Woman,” continued divorce proceedings with model-turned-actress Carey Lowell in recent weeks. The couple has been married for 12 years and originally filed for divorce in 2013.

The two have said that they are divorcing because of lifestyle differences that led to them growing apart. Gere’s interest in philanthropy and privacy contrasted Lowell’s life as a socialite.

While custody over their teenage son Homer was settled long ago, determining a financial settlement has dragged on for over a year. Lowell is reportedly seeking over $100 million from Gere, which, despite the couple’s amicable behavior at their recent hearing, has been a point of contention for the couple.

Fair Share of Marital Assets in Colorado

Colorado requires equitable division of assets during a divorce, but equitable does not necessarily mean equal.

One way of dividing assets involves assigning certain items to each spouse, accompanied by an equalizing payment if one spouse receives a substantially larger portion of marital property, such as the marital home. The couple can also sell off marital property and split the proceeds. If a couple believes that they can cooperate peacefully as co-owners, the courts can also consider joint ownership of property. Many couples find this option lacking, but it often happens when children are involved.

If you are having trouble deciding on an equitable split of assets for you and your spouse, it would be best to speak with a skilled divorce attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.nydailynews.com/entertainment/gossip/richard-gere-carey-lowell-continue-divorce-proceedings-article-1.2206512

For Love or Money: O’Donnell Fighting for Custody of Daughter

When we last mentioned the divorce of Rosie O’Donnell and Michelle Rounds, the couple had agreed to share custody of their adopted 2-year-old daughter Dakota. Rounds’ attorney recently confirmed that the previously established custody arrangement has been thrown out, and that Rounds will seek sole custody of Dakota.

O’Donnell and Rounds have not yet come to a divorce settlement, and are expected to butt heads over their daughter. Rounds’ attorney says that sole custody for Rounds is “unequivocally in their child’s best interest and general welfare.” O’Donnell’s attorney fired back, claiming that the custody fight is “an absurd and desperate attempt to use a child for [Rounds’] own gain.” Outside sources claim Rounds is gunning for O’Donnell’s fortune and using the child as a weapon, though Rounds denies this.

Renegotiating Child Custody in Colorado

In Colorado, the gold standard for child custody (parenting time) modification is generally whether the modification serves the child’s best interests. This can change, especially if the requested modification would relocate the child or change which parent has primary custody. Additionally, if the modification would change the primary custody parent, a motion cannot be filed within two years of a custody ruling, unless the child is endangered.

The key to settling a custody arrangement quickly is working together with your ex-spouse. It is best to be realistic, practical and cooperative, and to avoid wasting time on insignificant issues. If you are seeking a parenting time modification in Colorado, you should speak with an experienced family law attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://pagesix.com/2015/04/28/daughter-at-center-of-rosie-odonnells-divorce-battle/

“Clocks” Run Down for Chris Martin and Gwyneth Paltrow Marriage

We blogged last year (almost exactly) about the “conscious uncoupling” of actress Gwyneth Paltrow and Coldplay frontman Chris Martin. After a year of amicable separation, which saw the two sharing holidays and anniversaries with one another and their children, the couple has finally announced that they will be getting a divorce.

The divorce documents are all fairly hush-hush, like many other aspects of the Martin/Paltrow marriage. However, speculation suggests that the two, who have similar financial worth, will split their assets down the middle. Custody will likely be shared both legally and physically.

Tips for Remaining Amicable during a Divorce

Amicable divorces have several advantages, some of which may not be readily apparent. Here are some tips to keep emotions under control and the complex divorce process as streamlined as possible:

  • Mediation and collaboration in a divorce give both you and your spouse more control over decisions and more flexibility in arrangements such as child custody, spousal support and child support. Striving for a fair, negotiated outcome can help reduce the stress and emotional toll of separation.
  • Mediation tends to be a faster and less costly method of pursuing a divorce. Keeping costs low can help reduce the stress involved in your divorce.
  • When it comes to keeping family matters private, mediation is also a good idea, as it offers much more confidentiality than litigation when deciding the terms of marital dissolution.
  • If you are having trouble dealing with the emotional effects of a divorce, try talking with a therapist or counselor. This person can assist individuals and families during troubling times and help people gain perspective and coping skills.
  • Upholding your end of the divorce arrangements (such as parenting time, payments to your spouse, etc.) will reduce conflict and help maintain a level of trust between you and your spouse, and trust goes a long way in keeping the divorce process civil.

A qualified family law attorney can help you make the difficult decisions you need to make to ensure a healthy divorce. In the video below, our Founding Partner Doug Thomas explains how an attorney can help you.

Divorce Matters ”“ Denver Divorce Lawyers

Source: https://www.tmz.com/2015/04/20/gwyneth-paltrow-chris-martin-divorce-settlement-child-custody/

Renner and Pacheco Settle Divorce, Share Custody over Child

We blogged in February about the divorce between Oscar-nominated actor Jeremy Renner and model Sonni Pacheco. At the time, the couple was fighting over whether Renner was fit to maintain custody over their young daughter, Ava. Pacheco desired primary physical custody over Ava due to safety concerns and claimed that Renner hardly interacted with Ava.

The two have reconciled their differences and the courts have granted Renner joint legal and physical custody of Ava. The settlement also stipulates that Renner pay $13,000 in child support monthly to Pacheco, but also that he will not be required to pay spousal support.

The two are also not allowed to make disparaging remarks about one another, their families or significant others in front of Ava.

How Custody Affects Child Support in Colorado

If a parent has the children for more than 93 overnights per year, the calculation method for child support changes. Instead of using Worksheet A to determine payments, courts will use Worksheet B, which assumes that both parents are contributing to the children’s financial needs by directly purchasing necessities like food, water and housing. If one parent makes more money than the other, that will be taken into consideration and often the parent with higher income will make payments to the other to balance the financial burden.

If you are having trouble working out a child support arrangement for a child you share custody over, contact a family law attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.koaa.com/story/28699186/jeremy-renner-estranged-wife-settle-custody-dispute

Bobby Flay’s Marriage Is, Well, Done: Wife Skewers Chef over Spousal Support

Iron Chef Bobby Flay’s divorce is boiling over. Stephanie March, Law & Order: SVU actress and Flay’s wife, recently kicked the chef out of their marital home after he allegedly put her medical distress on the backburner to focus on his career. Rumors of financial issues, bullying and infidelity spice up this already heated situation.

Flay and March signed a prenup in 2005 dictating that March would receive $5,000 per month in spousal support (“maintenance” in Colorado) if the marriage were to fail. When March received her first check though, she was livid. According to her lawyer, they “regard the support provisions of the pre-marital agreement as unenforceable (not to mention morally reprehensible).”

Her lawyer did not mince words when bringing up apparent financial bullying on the part of Flay; March says he canceled her credit cards in order to pressure her into taking what she believes is an unfair divorce settlement.

Are Prenups Ironclad in Colorado?

If you don’t believe that your prenup allows you a fair cut of your marital assets, it is possible to convince the courts that you are correct and have the prenup modified or thrown out. However, it is a myth that prenups are often thrown out””they are actually upheld in the majority of cases. For a Colorado judge to choose not to enforce a prenup, the challenging spouse must prove that:

  • The spouse challenging the agreement signed the agreement involuntarily or under duress
  • The challenging spouse did not have access to legal representation, or
  • The challenging spouse did not receive proper financial disclosures from the other spouse before signing the agreement.

That said, these decisions are made on a case-by-case basis. Judges will only rarely find a prenuptial agreement unconscionable, such as in cases where the divorce will leave one spouse destitute and reliant on outside aid.

You can also amend or revoke a prenuptial agreement if both you and your spouse agree to the amendment. If you have any more questions about Colorado prenuptial agreements, do not hesitate to speak to a professional divorce attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.tmz.com/2015/04/13/bobby-flay-divorce-wife-stephanie-march-credit-cards-infidelity-prenup/

“Why Did I Get Married?” Star Settles Divorce

Tasha Smith, one of the stars of Tyler Perry’s “Why Did I Get Married?” no longer has to ask the question ”“ she has reached a divorce settlement with her ex-husband, Keith Douglas.

Smith already paid Douglas $50,000 in December as part of the settlement. Now, a judge has ordered Smith to pay Douglas an additional $7,000 monthly in spousal support. The divorce is not an entirely one way street ”“ Douglas was forced to return Smith’s Mercedes to her.

Mistakes To Avoid When Calculating Divorce Settlement Property and Assets

Divorce is already expensive ”“ you are dividing one pot of money and assets into two, and now each party has separate households and bills. You don’t want to cause yourself any more undue financial burden by making simple mistakes while negotiating your separation and the division of your marital property and assets.

If a divorce looms on the horizon, be attentive to your financial situation as well as your spouse’s, especially if your spouse is the one responsible for most financial decisions in your household. You don’t want your spouse having an unfair financial advantage. Make sure you are a well-informed spouse and get as much information as you can. Make copies of important documents like bank statements, retirement accounts, stock portfolios and tax returns.

You should also be aware of the impact of taxes on your divorce settlement. You may have a tax bill when you liquidate marital assets in anticipation of divorce, such as the sale of a house, so be sure to keep this in mind before taking any deals with your spouse. The after-tax assessment on split assets could be very different than it is pre-taxes and may result in a less equitable split for you.

You should also consider division of your marital property and assets. This process provides divorcing couples a lot of flexibility in terms of making decisions about the family and money. Mediation could help you to develop a post-divorce financial plan and budget, as well as helping you to avoid court time and contentiousness between yourself and your spouse.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.tmz.com/2015/03/29/tasha-smith-divorce-settlement-spousal-support-tyler-perry/

Can Divorce Papers Be Served Through Social Media?

Here’s something you don’t see every day: a New York City judge has okayed a Brooklyn woman’s divorce filing to proceed through Facebook.

The woman’s husband vanished several years ago, and correspondence with him was only possible over the phone and through messaging on the social media platform. Because he was so difficult to get in touch with, the woman had issues serving him with divorce papers. Manhattan Supreme Court Judge Matthew Cooper ruled that Facebook was an acceptable venue to file the documents.

How Do I File for a Facebook Divorce?

This situation is a fairly unique one. Despite media headlines pointing to the new possibility of a Facebook divorce, you cannot serve divorce papers through social media except in certain extreme circumstances approved by a judge when all other options have been exhausted.

In most divorce processes, the spouse will enter a voluntary appearance after contact with the initiating spouse’s divorce attorney. If he or she does not enter a voluntary appearance, then the next step is to have the papers served personally by a sheriff or a process server.

In the event that the spouse cannot be found, as in the Brooklyn woman’s case, the court could potentially seek less common means of service, but to do so is exceedingly rare. It is much more common for the filing spouse to receive default judgment against the spouse evading service of process or who is completely out of contact. If a party cannot be served, the court will usually require a notice to be published in the local newspaper of where the evading party resides first before other extreme measures are taken.

In other words, the only reason this Facebook divorce was allowed through the system is because the only reliable method of communication with him was via Facebook.

If you are facing an evasive spouse, choosing a skilled divorce attorney could help you map out your options to get your divorce filed.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://gawker.com/if-you-live-in-new-york-you-can-probably-file-for-divor-1696077657

Bjork and Barney Duel for Daughter Doa

The feud between Icelandic diva Björk and former partner Matthew Barney has come to a head once more as Barney seeks more parenting time with daughter Isadora, or Doa for short.

The duo split in 2013 and Barney has made it clear that he is unhappy with the way that Björk is raising Doa. He claims that Björk is sacrificing their daughter’s well-being in favor of what he calls selfish desires.

Björk allegedly blamed Barney entirely for the breakdown of the relationship and the end of their intact family, and as such, she believes she deserves greater parental rights over their daughter. Barney asserts that this is not true, and commented on 12-year-old Doa’s expressed desire to spend equal amounts of time with her mother and father.

Is the Will of the Child Taken Into Account in Child Custody Battles?

In Colorado, there are no set rules on who gets primary child custody. There are also no set age limits on a child’s personal decision of which parent to live with. If the child is sufficiently mature to express a reasoned and independent preference for parenting time schedules, the court will consider the child’s wishes in determining primary parental care. Ultimately, though, it is the will of the judge to determine where the child stays that is in the child’s best interest.

Along with child preference, the courts will look at:

  • What the parents want
  • The child’s school, community and home life
  • Physical and mental health of the parents and child
  • Each parent’s ability and willingness to provide a loving relationship between the child and the other parent
  • Physical proximity of the parents’ residences
  • Each parent’s ability to put the child’s needs above his or her own

If you or your child wishes to change a parenting time arrangement, you should enlist the services of a dedicated family law attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.eonline.com/news/642513/bjork-s-ex-partner-matthew-barney-suing-to-get-more-time-with-their-daughter-blames-singer-s-selfish-desires

Divorcing CSI Actor Tells Wife She Can’t Act

Jon Wellner, best known for his role as toxicologist Henry Andrews on the renowned crime drama series “CSI: Crime Scene Investigation,” has filed for divorce from his wife of seven years, Whitney Wellner.

Mr. Wellner has reportedly asked the courts to force his spouse to quit her acting career in favor of a full-time job. He says that she is not a very good actress and will never reach any respectable level of fame. An interesting accusation, considering that Mrs. Wellner guest starred on the very same show on which her husband plays a series regular.

TMZ reports that Mrs. Wellner will probably seek spousal support. Mr. Wellner allegedly makes $20,000 per episode of “CSI,” while Mrs. Wellner’s residuals for her guest spot rake in $12 per month.

How Do Colorado Courts Treat Spousal Support (Alimony)?

When it comes to spousal support (or maintenance, as we refer to it in Colorado), Colorado courts tend to look at the payments as rehabilitative, or as temporary assistance to tide a spouse over until they are able to find a job or obtain the training necessary to become financially stable. Long-term alimony is generally reserved for spouses who cannot work due to age or declining health. That said, if both parties are in agreement about a long-term alimony plan, the courts will also consider that.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.designntrend.com/articles/46056/20150401/csi-crime-scene-investigation-jon-wellner-splits-wife-seven-years-marriage.htm