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Articles about Mediation and Divorce

For Mediators, Mediation Advocates and Participants

Marriage – Easy to Enter and Difficult to Leave

by Robert M. Cooper. Posted 08/26/2020

It is easy to get married. You just need to get a license and have a ceremony. The process can be completed in a relatively short period of time. But undoing a marriage – or obtaining a divorce – is not so simple. Although there may be fifty ways to leave your lover, as Paul Simon once sung, leaving and divorcing can be quite difficult,

In my years of being a divorce attorney, I have heard a lot of stories and seen many different ways to end a marriage. In one case, a man left the country with a child and disappeared for more than a year. In another case, someone cashed in a $150,000 retirement account and hid the cash. In some cases, there are affairs that rip at the emotional heart of the marriage.  And in others there is physical or emotional abuse, or substance abuse. Although the facts of each case are unique, each case must fit into the laws of the state you live in.

In Colorado, for example, the Colorado State legislature created statutes that seek to protect children and make certain that both parties get a “fair deal” when a marriage ends. If parties cannot reach an agreement and settle out of court, the Judge must divide assets and debts, make decisions about child and spousal support, and also decide how the cost of the divorce will be paid.

The Judge is also charged with creating a safe and healthy post marriage arrangement for children. To accomplish its role, Courts have many rules that dictate how you conduct yourself, and how your case can be heard. The Courts have high expectations of parties and their attorney’s if attorneys are involved. Not knowing the law or not understanding a rule does not excuse non-compliance.

Each divorce is unique. For example, some married couples have 3 children and some no children, some have two people working and some have no one working, some have a lot of assets requiring multiple appraisals and some have no assets, and some have a lot of debt and are on the verge of bankruptcy. Some cases have health or substance abuse issues, and others have emotional and behavioral issues. The complexity of a divorce is often based on the number and intensity of the issues at the time of or during your divorce.
 
In some cases, the parties still respect each other and can work through issues. Although neither party gets exactly what they want, they can reach agreements. In some cases, however, there are major problems. These problems include domestic violence, substance abuse, mental illness, anger, and other similar issues. The number of issues and intensity of the problems will impact how long it will take to complete a divorce.  But as was said above, each divorce is different. You need to do your part in helping to resolve issues.

 

THE FOUR DIVORCES
From my perspective there are four different divorces that each divorcing couple faces. These include the physical divorce, the financial divorce, the emotional divorce and legal divorce. These four divorces occur in different orders for different couples and may occur in different orders for each partner in a divorce. The order is neither good nor bad. It simply is.