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Divorce is never easy. Whether you are negotiating for months or agreeing on most things, it is inherently complicated to move through the divorce process and agree on a divorce settlement that works for everyone. This is simply the nature of getting divorced.
Although no divorce is easy, some are particularly complicated. When there are complex factors at play, it can make the divorce process more confusing and lengthen the time it takes to settle on an agreement. In these situations, it is important to have a complex divorce and property division attorney on your side.
If you are facing a divorce with mitigating factors such as child custody or having a high net worth, you need a team that understands the law and can help you through your divorce. Our team at Woody Law Firm, LLC, provides such services for our Denver clients.
Our team at Woody Law Firm, LLC, has been working in family law for many years. Throughout our careers, we have honed our skills in handling complex divorces and navigating the issues that contribute to them. This expertise gives our clients a distinct advantage in their divorce negotiations. We offer our clients a level of personalized service that other firms in the Denver area simply cannot match. Our team is highly trained and capable of handling any complex litigation that may occur during your divorce.
Although we are ruthless in the courtroom, we understand that divorce is often emotional. For this reason, our Denver divorce attorneys approach all clients with compassion, understanding, and patience. Although we have been through this process many times, this may be your first time. We always take the time to give you the facts so that you can make your own, informed decisions about your future.
We know that your family is important to you, and we are proud to offer legal counsel that protects what is most important in your life. Woody Law Firm, LLC, is the best choice for complex divorce cases in the Denver area.
A “complex divorce” is any legal marriage separation that involves mitigating factors. These factors often make the process longer and may make it difficult to come to an agreement. Many complex divorces involve factors that are not necessarily common in most divorces. Examples of complex divorce factors include:
Although these factors do occur in divorces, they are less common than other factors such as basic marital property division or collaborative divorce. High-asset divorce, for example, only occurs when a couple has significant assets between them. Although this is not necessarily strange in the divorce world, most couples do not have a high net worth, making it a complicating factor.
The factors involved in complex divorces require an expert. Many attorneys do not have experience with these situations. Those attorneys often provide poor legal representation for individuals who have special circumstances in their divorce. Because of this, it is in your best interest to hire an attorney with specific experience and skill in complex divorces. This gives you a distinct advantage in the courtroom. They can also give you vital resources that would otherwise be excluded from your legal counsel.
Although some people attempt to navigate divorce without an attorney, it is not a good idea to forgo legal representation, especially with a complex divorce. Representing oneself in any divorce often ends poorly, leaving individuals with poor settlements, unfavorable child or spousal support terms, and more. When you have complicating factors, the likelihood of these poor outcomes only increases. These cases require expertise, and it is extremely dangerous to your situation and your future to attempt to represent yourself.
It is important to remember that many divorce attorneys cannot handle complex divorces, so representing yourself will likely end poorly. It is always best to hire a divorce lawyer who is experienced in cases such as yours.
A high-asset divorce is an ending to a marriage in which one or both spouses have significant assets. This may be high-value savings accounts, investments or stocks, significant property, and more. Generally, any divorce that involves over 1 million dollars in assets is considered a high-asset divorce. Dividing assets evenly at this volume easily creates conflict and can lead to unfair settlements.
Some high-asset divorces involve prenuptial agreements, which can further complicate the negotiations. Although certain assets will be held out of the asset division process, others still need to be divided. These proceedings can be complicated and contentious. Divorcing couples can navigate them more effectively with the help of a qualified attorney.
Child custody agreements are common, but they require a significant amount of legal involvement. It is the court’s responsibility to ensure that any custodial parents are fit to care for the child and that the child is safe and well cared for in their new living situation. The court often considers many factors, including each parent’s:
These factors all help the court determine whether the child will be safe and happy with the parent. If the child is old enough to formulate and express their own opinions, the court may take their preference into consideration as well.
In addition to the factors that are important to the court, the parents often have opinions or goals when it comes to child custody. This can lead to arguments, accusations, and further debate. These often prolong and complicate the process even further.
Child support is another factor that may categorize a divorce as complex. The law requires that both of a child’s legal parents contribute an equal percentage of their resources to the child’s upbringing. This can be done through child custody. However, if child custody is not equal between the parents, the parent with less custody may have to pay the other parent to make their contribution equitable. It is important to note that this is a percentage based on their income, so both parents may not be contributing equal amounts of money if their incomes are vastly different.
Child support is a significant expense, even though it is crucial to the health and well-being of the child. Because of this, it can inspire conflict and discord in the courtroom.
Some divorces call for spousal support agreements. In these contracts, one spouse has to pay the other spouse a monthly stipend. This money helps to compensate for any delay in the spouse’s career for the family’s benefit. It also helps to ensure that both spouses can maintain a reasonable lifestyle after the divorce. These payments are acceptable in situations where one spouse makes most of the household income or whose income is much higher than the other spouse’s.
Many people try to achieve spousal support when they do not deserve it. Others may fight having to pay when they rightfully should. Because of this, spousal support can contribute to a complex divorce.
Business ownership is a complicating factor because shares in the company must be divided equally during the settlement. This may mean that one spouse keeps the business and buys the other spouse’s shares from them. This could also mean that the entire company is sold and the profits are split between the spouses. If both spouses agree, they may decide to keep their shares and continue to co-own or co-manage the business together.
Negotiating these terms requires an attorney who not only has divorce experience but also understands the basics of business law. Our complex attorneys have many years of direct training in both areas.
When you go through the Colorado divorce process, you have the choice to either settle out of court or proceed to litigation. If you settle out of court, it means that you and your spouse came to an agreement through your attorneys and that there are no outstanding decisions for the judge to make. If you go to litigation, you, your spouse, and your attorneys will go to court, where a judge will hear arguments from both sides about any conflicts that arose during negotiations. This process can be lengthy and often significantly increases the overall cost of a divorce.
Most divorce cases settle before they get to a courtroom, with only between 2 and 10% of cases ending up in front of a judge. Settlement is possible for your complex divorce as well if you have an attorney who understands the nature of these cases and has the expertise to properly negotiate their terms. Our team at Woody Law Firm, LLC, can offer legal counsel for complex divorces of all kinds.
In most legal situations, you have a period of time following a court decision to question the court’s judgment. The same is true for a divorce settlement. If you wish to reopen your divorce settlement and ask the court to review its contents, you have up to five years to do so. After a period of five years, the court will not reopen divorce settlements, and all decisions will be final.
You may only reopen your divorce settlement if you have discovered a misrepresentation of assets or some other type of fraud. For example, you discover that your ex-spouse had bank accounts that they did not disclose during the divorce. You could reopen your settlement and ask the court to recalculate your portion with the addition of the hidden bank account. As all assets need to be equally split, hiding assets is stealing from your spouse.
In some situations, mediation may be an option for divorce proceedings. In mediation, rather than each spouse hiring separate attorneys to represent them, you both hire one mediating attorney instead. This individual facilitates negotiations directly between you and your spouse. You will have to negotiate your own terms. The mediator can ensure that the conversation stays on track and all decisions are fair and legal.
This option is wonderful for couples who can communicate and compromise with one another during the divorce process. If you and your spouse are divorcing with lots of anger or resentment, mediation may result in arguments. Litigation would likely be the best option.
Because mediations only require one attorney, they are generally less expensive than a traditional litigation format. They also tend to move along faster, which saves money as well. Even complex divorces can use mediation in scenarios where the spouses are committed to working together to create a resolution. In these cases, it is especially important to have an attorney who is trained in complex divorce claims to clarify any niche laws or regulations.
A “contested divorce” is one in which the couple did not immediately agree on the divorce terms. This is to say that the responding spouse did not agree with the outline that the filing spouse suggested when they filed for divorce. This means that negotiations of some kind will need to occur, either between attorneys or in the courtroom. Contested divorces tend to be more expensive, with an average cost of between $9,800 and $11,800.
An uncontested divorce is the opposite and occurs when both spouses agree to the terms of the initial divorce filing. Uncontested divorces are the fastest and most economical route to divorce. These divorces take only four months or so, whereas contested divorces usually take at least six.
To speak with our expert attorneys about your complex divorce situation, please contact Woody Law Firm, LLC, via our website.