When a marriage fails and divorce becomes imminent, there are some steps you must take if your intention is to be proactive. First, and especially if there are children involved, it is important for you and your partner to make a conscious decision to take the high road. That means mediation should be a first choice if marital counseling has already been exhausted. Mediation will be the least painful, and least costly, path to an equitable divorce.
If mediation is not an option that both parties can agree to commit to, then a traditional divorce proceeding is the next step. Try to be civil, and expect your partner to be so as well. As an aside, try to be prepared for the worst and hire an experienced divorce attorney to represent your interests.
If custody is being contested, prepare for the tone to change and things to get nasty in a real hurry. It is important to remain neutral regarding your spouse when in the presence of your children. If you do not mind to this point, you could find yourself dealing with charges of “alienation of affection.” It is therefore considered poor form to criticize your spouse in front of the children. You should expect the same courtesy from your spouse.
Hire an experienced Denver divorce attorney that will play nice as a precursor to the hearing, but is capable and willing to play hard ball if needed. Remember, the stakes are very high in a divorce. The well-being of your children, yourself, and even your spouse will depend on a high level of professionalism from both attorneys.
While it is true that it is relatively easy to find an attorney, the real challenge lies in finding the right attorney. The marketplace is flooded with advertising for attorneys’ services, but how can you be sure that you have found the right attorney for you and your specific case? If you do not employ proper due diligence, you could easily find yourself partnered with an inexperienced, or even worse unscrupulous, attorney. The consequences of hiring the wrong attorney can be catastrophic, in that losing your case can often mean large financial losses or even a jail sentence.
All Denver divorce attorneys are not alike. Think about the details of your exact situation, and develop search criteria based upon them. Ask a lot of questions before retaining the services of a particular attorney. Find out precisely what credentials they hold, and if they are current and in good standing. Investigate further with the Better Business Bureau and Licensing Board to ascertain whether or not there are any complaints against a particular attorney. Know who you are hiring before you make a financial commitment.
Once you have retained an attorney, be sure to communicate clearly with him and/or her. Be sure you understand what your financial commitments will be on an ongoing basis. Discuss your case and any updates on a regular basis, in order to remain apprised of the status of your case and any action(s) that should be taken and when. Have the attorney explain the timeline of your case, and what milestones to which attention must be paid.
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