Divorce Issues: Could You Force Your Spouse to Leave Your Home?

The Law

Filing for divorce won’t guarantee that your spouse would leave the house. After all, no law states that your spouse should leave because you’re getting a divorce. Plus, the family home is technically still marital property because you’re not divorced yet.

However, you’ll be relieved to know that if your living situation becomes dangerous or unbearable, you have some options, according to The Burnham Law Firm, P.C. and other divorce lawyers in Denver.

Legal options to remove your spouse from the family home

Although the laws regarding removing spouses from the family home vary widely from one state to another, a majority of courts would be unwilling to do so unless there’s past, potential, or existing emotional or physical abuse involved. The same applies even if the family home is under the name of the spouse requesting the removal of his or her partner because courts prefer that the couple resolve this issue on their own or else wait for the divorce to be finalized.

Is there another way?

Getting the court to order your spouse’s removal from your home isn’t your only option. If your spouse is amenable, it might be easier for both of you to come to an agreement. This is simpler and faster than filing all sorts of papers and going to court dates. On the other hand, if both of you are having a difficult time communicating, consider getting a mediator to help you out.

It’s important to note that courts are wary of granting an order to remove a spouse unless the other spouse, the claimant, could prove the abuse. If you do manage to get a temporary order from the court because your spouse threatened to hurt you, this might not be sufficient to keep him or her out of the house for good. The reason for this is that many spouses do this just so they could kick out the other from the house.

If your request for permanent removal gets denied, your spouse would certainly come back, and you could be in a worse situation than you were before because of what you tried to do. If this happens, it’s better to leave the marital home until you get your divorce finalized.

Set Modest Goals to Handle Back to School Activities and a Divorce

The Law

A divorce can be difficult to manage, in general, but it becomes even harder to handle when it is time for your children to go back to school. For the sake of yourself and your children, you will naturally want to go through with the divorce as civil and as respectful as possible. Things can turn awry when you least want them to, sadly. Instead, you can simply aspire to accomplish more modest goals, and you will find yourself handling the divorce and your children’s back to school better.

Keep Your Children in Mind

You can ask family lawyers here in Townsville for advice, but a good goal to strive for lies in fighting in the absence of children. No matter how sour your relationship with your spouse has turned, your children have to be protected from all the distress that divorce and the process can bring. At the same time, do what you can to manage your divorce while keeping to the previous rule.

Be Realistic with Co-Parenting Arrangements

You can also push yourself to look at things realistically. You may be able to conduct yourself civilly, but your spouse may not. In such a case, you have to assess any arrangements between you and your spouse and see if both of you can pull through with those arrangements. When either of you can’t perform ideally, it will be best to distance yourselves for a while.

Inform the Teachers

When you can conduct yourselves as co-parents, however, you can do some things to facilitate your children’s back to school activities. You can inform the teachers about your family’s situation. In this way, they can watch over your children over the course of the day, and they can prepare themselves on what to do in case of any emotional issues.

With these goals, a divorce can be easier to get through as you handle your children’s school activities. Things may not be ideal, but things can work out quite well when you stick to goals that you can achieve.

Are You Financially Prepared for a Divorce?


Would you save money to prepare for a divorce? A survey showed that two-thirds of Americans are unprepared financially in the event that their marriage reaches a dead end.

TD Ameritrade’s Financial Challenges of Divorce and Widowhood survey gathered information from 2,000 adults between 37 years old and above. The respondents also said that they have not prepared for the possibility of becoming a widow or widower.

The Truth Hurts

It might seem counterintuitive to tie the knot and then save for a potential divorce, but statistics indicate the ugly truth. An estimated 4 out of 10 married couples in the US decide to break up, while widowed Americans account for around 25% of people 65 years old and above.

If you live in New York, the first thing you should do when making financial plans includes looking for divorce lawyers in Long Island or New York City. The state may have the lowest divorce rate in 2016, but it does not imply that it may continue in the future.

Financial Plans

Census data revealed that only nearly 13 out of 1,000 New York married couples divorced in 2016. Experts believe that this may be due to alimony laws in the state. David Lynch, TD Ameritrade managing director and head of branches, said that having a financial plan is essential for when all else fails.

This will help you when the time comes that experiencing the burden of alimony laws might be a better option than remaining married to your spouse. Lynch described a financial plan for divorce similar to how we spend for other emergencies, such as possible disabilities or illnesses, in the future.

When you start saving for a potential divorce, it should not necessarily mean that you expect a failed marriage. You should consider it as a safety net since it is common knowledge that ending your marriage will require you to spend a lot of money.

Post-Divorce Misery: The Usual Suspects


an unhappy coupleIrretrievable breakdown of the matrimony is the only divorce requirement in Colorado. When a spouse files for it, it only means both parties could no longer get along and want to stick it out. But since divorce is such a major life-changing decision, many people find themselves miserable even after legally ending their bad marriage. If you ask why to any experienced divorce lawyer in Colorado Springs, Denver, or Builder, here are the likely answers you’d get:

The “Fairness” is Subjective

The number cause of misery is an unfavorable outcome. If you don’t get what you think is fair for you, you’re bound to feel down. This usually happens if you take your divorce to the court and let a judge make the final decision. Considering Colorado is “no-fault” state, the judge won’t penalize any spouse who committed misconduct in the past. If your partner were guilty of infidelity or drug abuse, you wouldn’t get sympathy points from the court. The court will determine what is fair for both parties based on what the laws spell out only. If you think this is unfair, consider mediation.

Someone Feels Blindsided

When the possibility of divorce was never discussed, the action might come as a shock to the spouse didn’t file for it. Moreover, that person might be at a disadvantage because of the surprise factor. Naturally, the spouse who files for divorce gets a head start.

Expectation Is Out of Tune with Reality

Many spouses facing divorce don’t fully understand the harsh realities of breaking up the marriage. One of the process’s inevitable consequences is change. Nine times out of 10, your divorce would shake up your life at different levels. No matter how much you want to hope that some things would remain the same, they would most likely not. A healthy way to imagine your post-divorce life is to think everything will be different. Anything you like in your married life that stays unchanged after divorce will be a pleasant surprise. Divorce doesn’t have to be a traumatic experience. If you play your cards right, you can survive the process with a smile on your face.

4-Point Guide to Choosing a Divorce Attorney


Your choice of an attorney may affect the outcome of your divorce case. It is, therefore, important that you get it right. But how do you choose the right lawyer from an array of lawyers out there?

Here are some important factors to consider before hiring a divorce lawyer in Denver, Colorado:


With the increasing number of divorce cases in the United States, you are likely to know someone who recently went through it. Talk to them and ask them about the attorney they hired. Inquire about the qualifications of the lawyer and their experience while working with the professional. These clients may provide honest feedback and advice on which attorney to go for, and which to avoid. Having a reference will not only save you time; you will also be working with someone you know you can trust.

Experience and Qualifications

Most of the divorce lawyers provide free consultations. It is, therefore, prudent that you interview more than one attorney. Remember that finding the right divorce lawyer takes time and patience. Settling on the first attorney you meet could be a gross mistake. This is because you limit yourself to their approach, advice, and experience. It is always good to evaluate how qualified others lawyers are to handle your case. By doing this, you open yourself to a broader pool of options before making the final decision.

Personal compatibility

Choose a lawyer that you are comfortable working with. If somehow you feel uncomfortable about a particular attorney, consider finding another one. This is regardless of the other abilities they may have. In family law, the relationship between an attorney and the client is crucial. Due to the sensitivity of the matters involved, you need a professional you can trust and share your concerns with comfortably.


Be on the same page with your attorney when it comes to professional fees. This will help you plan and evaluate whether you can afford the services. It is good to be realistic on how much you can pay without draining your finances. Remember that a divorce is stressful enough; you don’t want to add to that the possibility of bankruptcy. A good lawyer will give you an estimate of the charges depending on the nature of your case. Note that the figure may change depending on how the trial will go.

A divorce can be psychologically draining. It is, therefore, imperative to have the right and experienced attorney taking care of you and your rights.

Using Reiki to Cope with Divorce

Health and Fitness

A woman receiving reiki treatmentThe divorce rate in Australia is a staggering 43%, while in the U.S it is at 53%. But the highest rates in the world are in Portugal, Spain and Hungary, with divorce rates above 60%. Despite its common occurrence, divorce remains one of the most stressful and traumatic life events. Reiki is one way to bring back the calm to life.

While family breakdown is sadly very common, the process of divorce is one of the most stress-inducing events, next to the death of a loved one, loss of a job or moving home.

While death brings finality, divorcees have to navigate a new post-marriage relationship if children are involved, and the sense of rejection can be acute.

Reiki is a good way to maintain relaxation and aid in better sleep.

What is Reiki?

Healing expert Vagabond Temple states that Reiki is a Japanese hands-on healing method that promotes the flow of life force energy to help a person feel relaxed and peaceful and enhance their feeling of wellbeing.

People can channel energy through a Reiki therapist, or it can be self-administered. Once learned, it is a totally free way to access self-healing.

Benefits of Reiki

Research studies have shown that Reiki can reduce feelings of stress and depression, which is why people use it – along with other human touch therapies – frequently in hospital and hospice settings. It is also effective at reducing chronic pain and feelings of “burn out.”

Self-administering Reiki can help people going through a divorce because it is a loving action that can increase positive thoughts and bring a sense of control back.

There are no limits to how often one can do it, so if the person feels sad to come home to an empty house, or just had an argument with their ex, they can simply give themselves more Reiki.

Booking a Reiki practitioner also has benefits. Touch therapies can restore the feeling of connection to others and heighten self-esteem and feelings of worthiness.


Joining a Reiki healing course will not only bring these benefits at your fingertips but will also give you an opportunity to make new friends too. To find out how Reiki can shape the next stage of your life journey, contact a healing institution now.

New York Divorce: What Is Marital Property and Separate Property?


An angry couple not looking at the other, both of their arms crossed When a couple divorces in New York, their property would be divided equally. This typically results in equal or equitable division, but not always. Equitable division of property is one that’s fair for both parties, and would take into account the contributions of each spouse and what each would need moving forward.

Divorce lawyers in Suffolk County, New York discuss the differences between marital and separate property.

But What Property Would Be Equitably Divided?

The court would only divide marital property. Each party could keep their own separate property. Essentially, marital property includes property that one spouse or the couple obtained while they were married, regardless of whose name is on the title, but subject to certain exceptions.

Each party’s income while married, all property bought using that income during the marriage, and the retirement benefits earned by each party while married, as well as all applicable property’s appreciation during the marriage, are likewise counted as marital property.

So What’s Considered Separate Property?

Only separate property won’t be divided by the court during a divorce. Rather, each spouse could keep her or his own separate property, except to the degree that the other party contributed to the property’s appreciation or value increase. In general, the following are considered separate property:

  • Any property that either party bought or obtained prior to marriage, including gifts or inheritance, except if the property was a gift from the other party
  • Any property deemed as separate property in a legal and valid written contract, such as a prenuptial agreement
  • Damage awards for personal injuries
  • Property obtained from the appreciation or proceeds of a separate property, except if the appreciation could be partially attributed to the contributions or efforts of the other party

The Takeaway

Divorce could be one of the most challenging events in anyone’s life and division of property could be emotional and messy. In such cases, work with an experienced divorce attorney to make sure you get a fair agreement and obtain what’s rightfully yours.

When Staying is No Longer an Option: Advice on Divorce


Advice on Divorce in AlbuquerquePerhaps every couple that has had to face the possibility of divorce has tried even for a little time to save their marriage. If not the couple, at least one of them would put some effort into finding a different resolution to their problems that does not involve them going their separate ways.

Why It’s Hard to Say Goodbye

It is natural for people to want to save their marriage, especially if neither spouse has been abusive. After all, there may have been a time when they were happy just to be together. The situation also becomes more complicated when children are involved. “Don’t stay married just for the sake of your children,” your friends would say, but human beings have a natural tendency to do everything possible to protect their children.

When Divorce is the Only Solution

There are marital crisis situations, however, that can no longer be rectified by anything other than divorce. For example, if your spouse is abusive it may be exceedingly difficult to stay married. Not only is it difficult; it is also dangerous for you and the children.

Drug abuse is another reason you should leave your spouse. Your health and safety, and those of your children, are exposed to risks that may get worse every day if your spouse uses drugs. In many situations, drug and alcohol abusers are also more likely to physically hurt their spouse and/or children. During moments of clarity and sobriety, your spouse may genuinely regret their actions and promise you better days. Drug or alcohol abuse, however, is a disease and it cannot be cured overnight.

Get Help

Whatever the reason for wanting or having to leave your spouse, know that you can get help and should not hesitate to ask for it. Family and friends might be willing to help if you open up. There are also government and non-government centers that offer assistance to abused spouses and children. In many cases, a good attorney is your best ally. Here in Albuquerque, you can get a notable lawyer specializing in child laws if you want what’s best for your children even under the circumstances.

Divorce is often ugly. But even when it is, you should not forget that this is your chance to find better days ahead for you and your children. Those better days may not be possible if you try to stick it out.

Your Divorce is Your Own Business

The Law

Going Through A DivorceIf you and your spouse have decided to call it quits, the world doesn’t have to know. They shouldn’t be meddling in whatever is going on in your life, and more importantly, this is a deeply personal issue between two people. If you don’t feel it now, just wait until you go at it with your soon-to-be estranged partner. You will strain your mental capabilities just to keep a day from blowing up.

More than that, people are growing less accepting of divorce. A study by the CDC shows that Americans welcome a range of other controversial issues related to marriage, but not divorce. But, how could this affect your own case? People in high emotional states are very prone to what other people say. There’s nothing wrong with considering the opinions of others, but if you accommodate what other people prefer, it becomes their divorce and not yours.

The Best for You

Whether or not you have plans of being cordial after the divorce, try to negotiate a deal where you won’t begrudge each other. To be more specific, what’s best for you doesn’t have to make your spouse suffer. You probably have a strong urge to do such a thing, but trust any lawyer who tells you that no good will come out of it.

When there are children involved, what’s best for you also means what’s the best for your kids. More than that, you and your spouse will have to accept that you have to be civil with each other. KufferLaw.com says that divorce is damaging enough for kids that they don’t have to see their parents fighting over the smallest things.

Separating the Big Things

In another matter, the divorce also means you may get into a conflict with your spouse regarding ownership of some things. The big one that could be a root of many disagreements is who gets to manage the business. There are handy guides that can help you with the basic stuff, but in some cases, it will be what you want against what your spouse wants.

But, despite all these things, you shouldn’t be soft. Claim what is rightfully yours, and don’t let the fact that this is a divorce escape you. Be clear in what you want to happen, and your lawyer will know exactly how to get it for you.

Avoids These 2 Costly Mistakes When Going Through a Divorce


Divorce Process in AlbuquerqueFalling in love is a natural part of life, and some people are lucky enough to get into lasting relationships that improve their quality of life, others not so much. They end up in acrimonious relationships that are exploitative or abusive.  

Rather than remain in a relationship that only gives you pain and suffering, you can opt to separate from your spouse. A legal divorce is the best way to emancipate yourself from an unfulfilling union. It lets both parties walk away and get on with their respective lives. However, you can compound the events surrounding your divorce if you unknowingly do some common mistakes.

Law Office of Doreene A. Kuffer shares two mistakes you should avoid when going through a divorce.

Get Romantically Involved with Your Lawyer

Given the chaotic nature of a divorce, hiring a family lawyer helps to ease the process as they provide sound legal counsel and offers a shoulder to lean on in trying times. As such, some people end up developing a romantic interest in their attorneys, and this can prove a grave mistake. Such a relationship might result in an infidelity charge, which counts against you in a custody battle. It is best to wait until the divorce finalizes before acting on your feelings.

Refusing Professional Help

A divorce period is often filled with raw emotions, pent up feelings, frustrations and often a sense of betrayal; as a result, it is quite trying on your emotional state. Rather than engaging in reckless behaviors that are likely to endanger your health, a reliable family law attorney advises that you can consider attending counselling sessions.

Professional therapists help you overcome your pain, grow your confidence and handle the divorce in the most mature manner possible. They also offer useful advice on how to manage your emotions and talk to your children. As such, you are less likely to fall into a fit of angry depression or seek refuge in alcohol and other destructive behaviors.

With sufficient help, you can emerge through a divorce process relatively unscathed and get on with your life.