Family Law/Divorce Law Blog, Vol 1.7
March 25, 2018
by Craig Franklin Chambers, Esquire
The Littleton Lawyer
As a divorce, marital and family law attorney, practicing in Littleton, South Jeffco, Ken Caryl, Denver, Highlands Ranch, and the surrounding areas, I have some tips that will prevent you from doing the five worst things you can do in a divorce.
First, not following the court’s Temporary Injunction. There is a temporary injunction automatically placed when the divorce is served, preventing one party from leaving Colorado with the children or from spending and dissipating marital assets except for necessities without the other parties consent.
Once the divorce is filed, the assets of the marriage are essentially legally frozen, and it is one of the worst things to do to either take the children out of state — even if its for a vacation — or spend the marital assets– without the other party’s permission.
Second, not being truthful in your financial disclosures. Steal little, steal big. You are required to fully and truthfully disclose your assets and debts within the time frame set by the court. One of the worst things you can do is lie about your finances or omit some of them. If it appears you are not truthful — or you don’t submit adequate documentation to support your disclosures — you will lose your credibility with the judge. One your credibility is gone, it is gone for good. Disclose every asset no matter how small, and no matter if the other party doesn’t know about it.
Third, sending texts, emails, or phone calls with profanity and derogatory comments regarding your soon-to-be-ex. Divorces are emotionally charged, to be sure. But take a pause before you tell your soon-to-be-ex to go to hell or to f*ck off or other negative or inflammatory comments. No matter how upset or betrayed you feel, be professional and civil in your communications. These texts will inevitably show up in court and they sound awful out of context. This is one of the worse things you can do in a divorce.
Fourth, putting the children in the middle of the divorce. Communicating to the other parent through the children, discussing the case with the children, bad-mouthing your soon-to-ex in front of the children or putting the children in the middle is one of the worst things you can do in a divorce. This damages the children and the judges see you in a negative light. You are an adult, and you should leave the children out of theses disputes.
Fifth, failing to follow court orders. Whether it’s a mediation order or the court-ordered parenting class, failure to follow court orders shows the court disrespect, and it is one of the worst things you can do in a divorce. Judges expect litigants to follow their orders. If you blatantly disrespect the judge you are asking him or her to side against you. Even if you think you are the best parent in the world, placate the judge and follow his orders. Attend the mediation and take the parenting class within the time required by the court’s orders.