The Stress of Divorce
Jason A. Márquez, Colorado Family Law Attorney
Attorneys are contacted regularly regarding the procedure and cost of getting a divorce in Colorado. However, clients often fail to consider the emotional, physical and mental impact the process has on them and their children. The divorce and allocation of parenting rights and responsibilities processes are stressful in and of themselves. Often times the conduct of parties during the processes can add unnecessary conflict and stress to their domestic case.
Courts attempt to shelter the parties from unnecessary stress by issuing an injunction restraining the parties from harassing, disturbing and maligning each other. However, the parties often ignore the Court’s order. Attorneys are left trying to enforce the Court orders through Motions for Contempt or alternative measures. The proceedings for contempt are costly endeavors but are often the only adequate method to address alleged violations of the injunction, or any other Court order for that matter. Contempt of court is a crime punishable by remedial or punitive damages in Colorado, including possible fines and imprisonment.
There are a number of factors which further complicate domestic cases including but not limited to: financial disclosures, discovery, investigations, evaluations, therapy, and more. Each comes with its own level of stress and complexity. Too many times, clients are left choosing between their sanity and their real priorities because of the stressful process.
Perhaps the most disturbing issues arise when parties engage in negative or destructive behavior. Examples of such behavior include conduct that the Court may deem vexatious or frivolous. It is important to recognize that the court may award attorney’s fees and costs to parties who are forced to litigate vexatious or frivolous conduct. Such conduct can include the filing of petty motions or delaying or interfering with the Court process.
It is important to prepare yourself for the stress that comes with any domestic case. Clients who expect significant conflict or bad behavior can also expect additional stress. The stress can often be unbearable. Clients are often advised to seek individual therapy or take up stress relieving activities like exercise and personal hobbies. There is significant data regarding the impact of divorce on families available here or on a host of other websites. For more advice on addressing the impact in your specific situation, be certain to consult a professional.
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