Is There a Good Time to File for a Divorce?

couple consulting a divorce attorneyMarried couples in the U.S. typically seek legal counsel in January about the involved procedures of filing for a divorce, which led the month to become the unofficial “divorce season.”

Unlike in December, which has been dubbed the “engagement month,” divorce inquiries normally increase in January before reaching their peak in the next two months.

Post-Holiday Blues

Kathryn Smerling, a New York City-based psychotherapist, said that couples normally delay their pursuit of divorce until January due to the preceding holidays. Whether the children know something is amiss, their parents try to keep up a happy disposition throughout the festive season.

A reason for the delay involves indecision, as many remain uncertain how to handle child custody and financial issues, according to Smerling. In 2018, divorce may be more common among married couples in the U.S. due to the impending tax reforms by next year. The changes include alimony payments that will no longer be tax-deductible for paying spouses. For this reason, many will try to rush the divorce process to avoid such scenario.

In Colorado, those who plan to file for a dissolution of their marriage may consult with a Denver or Colorado Springs divorce lawyer, particularly when the issue is a complicated one.

The Long Case

While some Americans hurry to finalize their divorce, there are issues that cause it to drag on (and cost more), such as child custody and support, alimony, and division of property and debt. In fact, some issues go on even after you’re long divorced from your spouse. While you may file around January, it could take longer than you expect.

Legal counsel will be one of your first options before filing for a divorce. Have you found a good lawyer? They’re your key to filing a fast and (hopefully) less costly divorce.

 

Colorado’s Family Law on Child & Religion Issues During Divorce

Divorce ProcessThe divorce process affects not only the wedded couple but their children as well. There are numerous ways in which the question of the child’s welfare physically, mentally and emotionally is taken into consideration. There are also the laws that are being upheld by different states. 

It is important that for settling divorce issues, local family law lawyers in Denver’s assistance is sought.

Religious Issues

One of the most common issues that need to be decided upon separation during divorce is which religion a child must follow. As of now, there is no national law on this matter; however, there are three factors that would be considered in decisions about the child’s future religious upbringing: actual or substantial harm, risk of harm or no harm required.

There are two interests that will be weighed upon as well. First, there is the right of the parent to influence his or her child’s religious belief. Second, the child’s present and future interests. This issue would not be so much of a problem if both parties share the same belief; however, conflicts arise when there are two religions involved. This is the point where the three legal standards are considered. Lawyers can guide divorcees on the legal aspects of this sensitive issue.

Actual Harm

In the presence of an actual or substantial harm, the court will deny the parent’s right to influence his child’s religious belief if the practices in that religion can harm the child. For example, a father who threatens his child that believing in other religion will cause “eternal damnation” as well as other verbal abuse can cause mental and emotional harm to the child. This will result in the court banning the father from sharing his belief to his child.

On the other hand, the risk of harm involves future harm that can be inflicted on the child due to a parent’s religious practices. Lastly, for the no harm required, the custodial parent gets to decide which religious belief he or she deems fit for his or her child to follow.

Divorce is an ugly process, but lawyers are there to expedite the process. You may not love it, but it can be made easier.