Family Law, Divorce, Custody and Child Support Attorneys in Denver, Colorado

Where’s My Courtroom?

A person preparing to file a family law case has a lot of issues on his or her mind. These vital issues include future parenting time schedules for any children, living arrangements, maybe even domestic violence issues, et cetera. Naturally, a person may not consider an important threshold question when filing a case: Where’s my Courtroom? Specifically, which county, and possibly which state, do I need to file my case?

When I first started practicing family law, every now and then I would receive a call from a potential client, eager to tell me his story about the marriage, the children’s needs, and his goals at the commencement of his divorce case. Twenty-five minutes later, he starts talking about how much better off the kids will be at their new Colorado school near his new residence compared to the school district where Mom remains living. Where did he live before? California. When did he move to Colorado with the kids? One month ago.

That’s a problem. Mr. Dad just invested half an hour of his time with me going through painful experiences in the forefront of his mind; however, he will probably need to do so again, with an attorney licensed in California.

An individual filing a family law case must always consider the issue of jurisdiction. A Court must have jurisdiction of a case to properly hold a hearing and issue rulings. An overall discussion of the different types of jurisdiction is beyond the scope of this article, and quite frankly, uninteresting to most who simply need to figure out where to file his or her case.

However, there are a few things to keep in mind. First, when consulting with an attorney initially, make sure that at the top of your checklist is an inquiry about where the attorney believes you should file your case. He or she will ask you questions, and help you to determine where to file. For example, if you have lived in Colorado for the entire marriage with a 10 year old child, you may think the obvious place to file your divorce case is in the county you reside, in Colorado. But what if you and your spouse have been physically separated for 1 year, and he moved to another state with the intent to live there if your marriage cannot be reconciled? Then, he files a divorce case where he now resides. He made a mistake, right? Not necessarily. By statute, Colorado would have the jurisdiction to decide matters concerning the child; however, the other state’s law may afford him the right to file there to handle all the other non-child-related issues in the divorce. Therefore, one of the first, if not the first, considerations is to make sure that you work with an attorney to resolve the question of where your case should be filed.

The Unique Challenges Fathers Face in Family Law

While navigating through the legal system in a family law matter can be grueling for either party, fathers have their own unique challenges.   Having had the opportunity to represent fathers  in family law cases in Denver and Colorado Springs, I can appreciate the problems many of them must confront in a system that has not always appeared to be gender neutral.  Because of the situations many men find themselves in, it is always a good idea to talk to a family law attorney as early as possible, even if only to get some correct information in how to deal with the many issues men must confront.  Many men, however, suffer silently and then find themselves having to react to events that can, at least initially, compromise their rights as a father.

Although every case is different, an all too typical case is when a man comes to an attorney’s office once he has been served an Emergency Temporary Restraining Order.  This is Order comes about when the opposing party files an Emergency Petition in court without notice to the other side alleging that some threat or danger exists where she and/or the children need protection.   The Order has powerful remedies and can result, among other things, in the father not being able to see his children as well as his being kicked out of the home.  These Orders are often granted despite the severe remedies and lack of due process to the opposing party.  It is understandable that a judge would want to err on the side of caution; what if the one case presenting itself is the one case could turn out to be a horrible tragedy which could have been avoided with an issuance of Temporary Restraining Order.  While it is unequivocal that these Temporary Restraining Orders are essential in some cases, it does appear that some parties may use this very powerful tool as a way to gain an unfair advantage, especially when a divorce or other type of breakup appears imminent.

While the law does require the courts to conduct a full hearing soon after these Orders are entered which allows the man to tell his side of the story and to have the opposing party subject to cross-examination, by then he is in a more vulnerable position.   He has been out of the house and away from the children and often feels completely displaced and is trying to recover from the shock.  In my experience, within a reasonably short amount of time, I have been able to “undo” some of the damage that has occurred to bring things back to a level ground for the client; however, it is a source of stress and some expense that many clients would have preferred to avoid.

It would behoove fathers and men to come see a family law attorney at the very hint of domestic strife,  if only to get good information and to work on a proactive strategy with a legal representative that can  help them look forward and focus on what it most important.    Depending on what is going on in the household, men need to be wary of any disagreements or arguments that could lead to an allegation against them that could trigger a Temporary Restraining Order.   If the police are called, often men are not believed and then the wheels could be set in motion for a criminal or civil complaint that can put the father in an unfair advantage, causing further emotional and financial stress. 

Many law firms, such as ours, provide free consultations which can be worth their weight in gold.   By getting good legal counsel before things fall apart, a father can set up a workable strategy before any major problems unfold.  This will enable the father to focus on his child (ren) and other important matters without falling so readily into the raw emotions that often accompany this stressful period.   Once these systems are in place, the parties will have a workable structure to move forward in a healthier way for themselves and for their children.

Free forms

At Johnson Sauer Legal Group, our divorce lawyers know that not everyone can afford lawyers to represent them in their Colorado family law cases. Sometimes, the issues are straightforward and lawyers aren’t needed. Other times, the parties expect to be able to work things out. In these cases, this free form section may be all you need.

Mother’s Rights and Parenting Time: Do Moms Have the Advantage in Colorado Courts?

Clients faced with parenting time issues often ask where the court’s loyalty lies when it comes to who gets custody – does the court favor mom or dad? Today, the term “”custody” has been replaced with “parenting time”, and it’s not just the terms that are changing with the times. Although fathers are often quick to raise a suspicious eyebrow, the answer is the same no matter who asks the question. Colorado Courts are remarkably gender-neutral, and the most important factors used to determine which parent is entitled to more parenting time really depend on each family’s specific facts.

Mothers may seem as though they have an advantage before the court in terms of parenting time because moms tend to be the primary caretaker in the household, especially in terms of caring for infants and younger children. However, having a stay-at-home mom is no longer the norm. In many Colorado homes, the economy has forced both parents into the workforce, or in the alternative, fathers are taking off their ties and pushing up their sleeves as stay-at-home dads.

So how does the court decide who gets how much parenting time? The standard the court uses, and which every parent should plant firmly in their head, is that of the best interest of the child. The court gives principal consideration to the child’s physical, mental and emotional needs. Courts also want to encourage frequent and continuing contact between each parent and the child.

By Colorado statute, the court considers a myriad of factors for establishing parenting time, including, but not limited to: the parents’ wishes, the child’s wishes, the child’s involvement with family, school and the community, the ability of the parents to encourage the sharing of love and affection between the child and the other parent, the health of the parents and the child, and which parent has primarily cared for the child in the past. Other factors the court will consider are whether one parent perpetrated spousal or child abuse, or abused drugs or alcohol.

The best parenting schedule really depends on each family’s particular situation. In a great many cases, splitting a child’s time equally between parents may be the best thing for a family going through a divorce. Depending on the proximity of each parent’s home, it may be in the child’s best interest to have portions of the week split between each parent, such as the child spending school nights at one parent’s home and weekend nights with the other parent. Splitting parenting time during the week gets significantly more difficult the farther apart parents live. That distance may warrant a parenting schedule where the child lives with one parent during the school year and the other parent during vacation time.

Whether parents are able to reach a parenting schedule negotiating and agreeing between themselves, or whether parents require a court to help make those decisions for them, each parent should understand that their children are not something to be won or lost in the divorce.

If you are considering a divorce or separation, consult a family law attorney experienced in parenting schedules to advise you as to what kind of plan would best suit your family’s needs.

Sworn Financial Statement Schedules

In addition to completing the Sworn Financial Statement, if either party has the following:

• Investments;
• Employment Savings Accounts; or
• Separate property — meaning property acquired before the marriage, or by gift or inheritance

Then that person must file an additional document known as a Supporting Schedule, which is a form that details this information.

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Sworn Financial Statement Schedules

Sworn Financial Statement

In a Colorado family law case, including divorce actions, both parties have the responsibility of exchanging necessary financial documents with each other. In order to determine which financial documents must be exchanged, please see the link below to Form 35.1 which is a reference to C.R.C.P. 16.2(e).

This process is known as discovery. In a divorce action, discovery is the process by which each side has the opportunity and right to see the financial information that they are preparing to bring before the Court. Discovery is defined in C.R.C.P. 26. Moreover, this process creates an avenue for settlement and also puts both parties on an equal playing field.

This process is mandatory under C.R.C.P. 16.2. In order to fully complete this process, both parties must fill out a Sworn Financial Statement and a Certificate of Compliance. These documents must be filled out before you exchange the mandatory financial disclosures with each other.

A Sworn Financial Statement is a form which requires each party to provide information regarding:

• Monthly Income;
• Monthly Deductions;
• Monthly Expenses;
• Debts; and
• Assets

Furthermore, if either divorce party has the following:

• Investments;
• Employment Savings Accounts; or
• Separate property — meaning property acquired before the marriage, or by gift or inheritance

Then that person must file an additional piece of paper known as a Supporting Schedule, which is a form that discloses this information. After you have filled out your Sworn Financial Statement, you must then complete a Certificate of Compliance.

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Sworn Financial Statement

Registering PO

Since a Protective Order is usually enforced by the police, it is very important to register the Order with the proper authorities should you need to enforce it. You should always keep a copy of the order with you as well.

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Info Sheet for Registering PO

Incident Checklist

Along with your Motion for Protective Order, you must submit an incident checklist. This checklist is critical to the court in determining the extent of protection required.

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Incident Checklist

Instructions

This set of helpful instructions for obtaining a Protective Order in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions can help walk victims through the process and can answer many questions about the various stages of obtaining a Protective Order (formerly called a restraining order) in a domestic violence or other family law case.

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Instructions for PO

Notice to Withhold

This notice advises a party’s employer to begin withholding a certain from any funds owed by the employer to an employee who owes a support obligation.

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Notice to Withhold Income

Notice to Employer

This notice advises an employer that an income assignment has be ordered and implemented.

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Notice to Employer to Deduct HI

Notice of Pending

Advance notice of a pending wage assignment is a means by which the party owed the money can be certain that there is no delay in obtaining payment directly from the employer.

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Notice of Pending Income Assignment

Advance Notice

Advance notice of a pending income assignment is a means by which the party owed the money can be certain that there is no delay in obtaining payment directly from the employer.

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Advance Notice of Income Assignment

Instructions

This set of helpful instructions for filing an income assignment in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions walk parties through the process and can help answer many questions about the various stages of implementing an income assignment in a Colorado divorce of other family law case.

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Instructions for Wage Assignment

Instructions

This set of helpful instructions for filing a contempt action in a Colorado family law or divorce case was prepared by the State of Colorado. It walks parties through the process and can help answer many questions about the various stages of a contempt proceeding.

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Instructions for Filing Contempt

Stipulation Re Modification

Insert Content Here

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Stipulation Re Modification of CS

Order for Modification

As part of your Motion to Modify, you must also submit a draft Order for the Court to consider. The court may chose to sign your order or may draft its own from scratch.

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Order Re Modification of CS

Motion for Modification

A Motion for Modification is the first step in seeking a modification of a previous court order. It is filed in the same action as the order. Among other requirements, it must clearly state what order you seek to modify and why, and generally, what you are seeking to change it to.

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Motion to Modify

Instructions

This set of helpful instructions for filing a Motion for Modification in a Colorado family law or divorce case was prepared by the State of Colorado.

These instructions walk parties through the process and can help answer many questions about the various stages of a modification proceeding.

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Instructions to File a Motion to Modify

Order to Issue Show Cause

In the event the Court determines you’ve properly alleged a violation of a valid court order, this Order to Issue Citation and Show Cause will be completed by the court clerk, sign by the judge and then sent out for service on the other party.

You must arrange for personal service of the Citation and Show Cause Order.

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Order to Issue Citation and Show Cause

Motion for Contempt

A contempt proceeding is initiated by the filing of a Motion for Contempt Citation alleging a violation of a valid court order. It is filed in the same action as the allegedly violated order. (See Instructions for Filing Contempt).

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Verified Motion for Contempt

Child Support Worksheets

Even though the Colorado legislature has clearly laid out a formula for child support, parties still argue extensively over the numbers which go into the support calculation. So while life is better for all involved because of the formula, child support is a persistence source of conflict in Colorado family law cases.

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Child Support Worksheets

Affidavit for Decree without Appearance of Parties

Generally, where a Colorado divorce doesn’t involve minor children and where lawyers are not involved, and where the parties have settled all matters and submitted all their paperwork, a court may decide to grant a divorce decree without holding a hearing.

The Affidavit for Entry of Decree without Appearance of the Parties is submitted to the court for this very reason. Some courts, however, will still require an appearance by both parties regardless of the Affidavit.

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Affidavit for Decree without Appearance of Parties

Support Order

Support Orders are granted by Colorado family law courts when one divorce party is determined to owe an on-going obligation to the other party. These support obligations may be either child support or maintenance obligations.

Once a support order is granted in a Colorado family law case, a party may enforce the order in many ways, including income assignment. If a divorce party fails to comply with a support order, a contempt citation may be sought.

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Support Order

Form of Decree

A decree of dissolution (divorce) is the document which terminates the marriage. The divorce decree may not be granted any earlier than 90 days after service of the divorce petition on the respondent. It may be granted with or without a hearing. The divorce decree is also the document wherein a party may obtain a name change.

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Decree

Parenting Plan

A Parenting Plan is the controlling document with regard to parenting time and decision making. It also usually identified who pays the health insurance for the children and which parent will be designated the primary residential custodian.

A parenting plan is only used when the parties are able to resolve their differences by way of agreement. If parenting time and decision making are left to the judge, then the judge’s Permanent Order will control these issues.

A parenting plan should contain a detailed schedule of each parent’s regular and holiday parenting time, transportation obligations and times, as well as a plan for handling all major decisions in the child’s life.

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Parenting Plan

Separation Agreement

If the parties are able to settle their divorce in Colorado, they prepare a Separation Agreement which lays out the agreed upon terms. Specifically stating the terms can be very helpful to the family law court in determining whether the terms are fair to the divorce parties involved.

Most Colorado family law cases are settled and Separation Agreements are submitted to the divorce court for review and approval. Once approved, the terms become Orders of the court, subject to contempt if they’re violated.

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Separation Agreement

Pre-Trial Statement

In a Colorado family law case, the pre-trial statement is used to help advise the family law court about what evidence you intend to present at the divorce hearing. You must list witnesses, identify exhibits and advise the divorce court about the issues you expect to argue and what your position is on those issues.

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Pretrial Statement

Certificate of Compliance

A Certificate of Compliance is a Colorado family law form that details all of the financial documents that you have given to the other divorce party. This form certifies that you have complied with Colorado divorce law and that you are not keeping anything from the other party.

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Certificate of Compliance

Mandatory Disclosure List

As part of all divorces in Colorado, each party must make a full and truthful disclosure of all their assets, both marital and separate. This document helps parties figure out how to comply with this Colorado divorce requirement and what documents must be filed with the family law court proving compliance.

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Mandatory Disclosure List

Response

The Response in a Colorado divorce is filed by the Respondent in the divorce, stating what their position is on the relief requested by the Petitioner in their petition.

Also, if the Respondent wants the Colorado family law court to do something above and beyond what is laid out in the divorce petition, this is the document where they advise the court.

For example, if the Respondent is seeking an award of child support, it should be clearly stated in the Response.

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Response

Certificate of Service

A certificate of service is proof that you’ve served on another party, in an appropriate and approved manner, certain documents in your Colorado family law case, including divorce cases.

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Certificate of Service

Motion to Waive Costs

It’s an unfortunate fact of domestic violence but, often because of the absolute control exerted by an abuser, the other spouse has absolutely no access to resources – sometimes there’s no money to pay for a lawyer and other times, there’s not even enough to pay the filing fee for a Protective Order. While the Court can’t help you with attorney fees, it may be able to help you with the filing fee. In certain circumstances, a court may waive the costs associated with it’s own filing fees.

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Motion to Waive Costs

Affidavit Re Children

When an abused spouse seeks a protective order and there are children involved, an Affidavit re Children must be completed and submitted to the court along with the Motion for Protective Order.

Parenting provisions and provisions protecting the children may expire after 120 days. It is critical that, should the children continue to need protection, an action in District Court be initiated prior to the expiration of this deadline.

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Affidavit Re Children

Petition

In order for a Colorado divorce to start, someone must file a petition for a divorce in the correct family law court. A petition for divorce is a form that is submitted to the court which asks the family law court to grant you a divorce.

The person requesting the divorce is known as the Petitioner and the person who is responding to the request is known as the Respondent. In order to properly file a petition for divorce, it must be accompanied by a summons.

In a Colorado divorce involving minor children the Petition must contain vital statistics for the children.

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Petition

Summons

A divorce summons is the form that ensures a person’s Constitutional right to notice is protected in a Colorado family law case. Notice is required in order to uphold a person’s due process rights.

The divorce summons is directed to the respondent and notifies him or her of the time in which a response is due, of the time after which orders may be entered, and of the fact that orders may be entered without further notice in the event that no response is filed. The divorce summons also notifies the respondent of the automatic temporary injunctions provided by C.R.S. 14-10-107.

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Summons

Case Information Sheet

The Case Information Sheet is a basic advisement to the court about who the parties are, where they live and what the issues may be in the case.

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Case Information Sheet

Affidavit of Arrears

If a contempt action is based on a party’s failure to pay support, you must file an Affidavit of Arrears containing a break down of the support owed. The affidavit must be complete as the court will rely on this document for the remedy it decides upon.

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Affidavit of Arrears

Criminal Cases and Divorce

All too often one or both parties in a divorce action have criminal backgrounds or have open criminal cases.  These criminal cases can often play a significant role in divorce proceedings.  They can impact the allocation of marital property and more importantly, impact the allocation of parental rights and responsibilities.

The influence criminal cases have on the allocation of marital property is more straightforward.  A party to a divorce proceeding who hires a criminal defense attorney to represent them in a criminal proceeding is usually charged with the legal fees.  In other words, using marital funds to pay legal fees is often considered a misuse of those funds.  In such cases, the opposing party is often given credit when the court allocates the marital debts and assets.  For example, a debt to a criminal defense attorney will likely be entirely allocated to the party who incurred the debt.  In the alternative, that same party may forego an allocation of marital assets equal to the amount of funds spent on legal fees.

Perhaps the more complex and damaging effect of criminal cases occurs in the allocation of parental rights and responsibilities.  The level of damage is generally determined by the nature of the charges, the number of cases, and the outcome of those cases. 

• Nature of charges.

Parties charged with domestic violence, sex crime, drug/alcohol, assault, child-related and other similar crimes will face the most difficulty in acquiring parenting rights and responsibilities.  The consequence of these charges may often lead to restricted parenting time.  The restrictions may also include supervised parenting time, monitored sobriety, therapy, etc.

• Number of cases.

Generally speaking, the more cases a person has been a party to, the more problems they will have in a divorce proceeding.  Multiple cases involving the same or similar charges will be additionally problematic. 

• Outcome of cases.

A person charged with a crime will have less difficulty than a person convicted of a crime.  However, a person acquitted of a crime will not necessarily avoid problems in their divorce proceeding.  First, let’s take the case where a person is charged with a crime.  Generally speaking, a party is presumed innocent until proven guilty.  However, police reports, forensic reports and other investigative reports may be used in divorce proceedings to help the court make determinations with regard to parenting rights.  It is important to note that the burden of proof in a criminal case is beyond a reasonable doubt.  However, the burden of proof in a civil case, such as a divorce proceeding, is by a preponderance of the evidence.  The civil burden is lower than criminal burden.  Therefore, pending the ability of a prosecutor to meet the burden of proof in a criminal matter, the same evidence may facilitate the meeting of the burden of proof in a civil divorce matter.  This same theory can be applied to the case in which a person is acquitted.  The prosecutor may have failed to meet the criminal burden, however, the burden may be met with the same evidence in the civil divorce proceeding.  It’s easier to see that a person convicted of a crime will have the most difficulty because the prosecutor has already met a higher burden than would otherwise be met in a civil proceeding.

When a criminal matter is open at the same time as a divorce proceeding, the person charged with a committing a crime may often have the ability to diminish the negative impact the criminal matter will have.  Prosecuting attorneys will often extend offers or plea bargains to the person charged.  These plea bargains should be carefully evaluated for the suspected bearing they will have on an open divorce proceeding.  For example, a plea of guilty to disturbing the peace will have less impact than an original charge of assault.  A charge of domestic violence is often one of the most damaging charges a person can face in the allocation of parental rights and responsibilities. 

There are several circumstances in a divorce case that can pose obstacles or alternatively, help undo the damage done.  Examples of obstacles include, evaluations often performed by professions such as sex, drug and/or alcohol evaluations.  Endeavors that help undo the damage may include parenting classes, individual or group therapy, monitored sobriety, etc.

Whether you are the victim, defendant, or spouse of a defendant, it is important to recognize the effect criminal cases can have on divorce proceedings.  An experienced attorney can explore the options and advise client on methods of approaching the effect of criminal cases.

Civil Protection Orders (Restraining Orders)

“Protection order means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises or any other provision to protect the protected person from imminent danger to life or health that is issued by a court of this state or a municipal court.” 13-14-101(2.4)(a), C.R.S.

 

 

When conflicts arise in a domestic relationship, often one of the parties will seek a civil protection order, formerly known as a restraining order.  The relevant statute in Colorado has changed in the last several years making it more difficult to acquire a civil protection order.  The following is a summary of the process and complexities of obtaining one.

A party may file a motion or affidavit for a civil protection order in district court or county court or any other court with concurrent jurisdiction.  Protection orders often indicate that a relationship is damaged beyond repair.  Therefore, they often result in the filing of a petition for dissolution of marriage soon afterwards or even at the same time.  If the protection order is sought in a county court, the matter will often be consolidated with the parties’ district court dissolution matter.  Accordingly, it is often appropriate to file a motion or affidavit for a protection order along with petition for dissolution of marriage.  That’s the easy part!

Upon filing a motion or affidavit for a protection order, the court will conduct an ex parte hearing, without the appearance of the party to be restrained.  The court will issue a temporary protection order upon a showing of “imminent danger.”  The court will consider the most recent incidence of danger and all other relevant evidence in deciding whether to issue the order.  Danger is not defined as an annoying text or phone call.  There has to be a legitimate concern that a harmful event is about to occur.  This endeavor is often utilized to remove one of the parties from the marital home when necessary.  That’s the less easy part!

If the court issues a temporary protection order, it will schedule a permanent protection order hearing to occur no later than two weeks thereafter.  The requesting party must then personally serve the party to be restrained.  At the permanent protection order hearing, the requesting party must establish “imminent danger” that is likely to continue without the issuance of a permanent protection order.  It is a significant burden to overcome and not granted by the Court easily.  That’s the hard part!

It’s important to note that the Court will not keep the parties’ minor child on a permanent protection order unless they are the parties actually in danger.  Generally speaking, the permanent protection order must have a provision to allow parenting time for the restrained party.  Often times when there is no domestic case pending, the temporary protection order is continued for up to 120 days, the maximum time permitted by the jurisdiction of the county court.  The continuance often gives the parties time to cool off and attempt resolution of their disputed issues.  Otherwise, the restrained party may only seek the termination of a permanent protection order after four years from the date the temporary protection order is issued.  The requesting party may petition the court to terminate the protection order at any time. 

Protection orders add a significant amount of conflict to any dissolution of marriage or allocation of parental rights and responsibilities case.  Accordingly, an attorney will provide guidance through the complex process by evaluating the danger and potential impact on a domestic matter.  If warranted, an experienced attorney will probably improve your chances of getting a permanent protection order since they are intimately familiar with the applicable laws and procedure.  Finally, remember that every county has a slightly different procedure for filing motions and affidavits for civil protection orders.  Make sure to find an experienced professional to assist you!

Divorce and Cancer

For years now, our firm has followed the health impacts of divorce on men and women and noted the disparity between the sexes.  See www.DivorceHealth.org.  Yet another new study study confirms our observation that the health of men and women is impacted in different ways.

In an article published in the New York Times today, (http://well.blogs.nytimes.com/2009/11/12/men-more-likely-to-leave-spouse-with-cancer/?hp) we see that when men were diagnosed with cancer and became ill, only 3 percent experienced the end of a marriage. But among women patients, about 21 percent ended up separated or divorced.  The study was conducted by Dr. Michael J. Glantz of the University of Utah Huntsman Cancer Institute and colleagues from three other institutions who began to collect data on 515 patients diagnosed with brain tumors or multiple sclerosis from 2001 through 2006.

Women in Dr. Glantz’ study who were diagnosed with a serious illness were six times more likely to become separated or divorced than men with similar health problems.  One doctor in the study speculated that differences in male and female roles in the family might explain the trend. “There clearly is an emotional attachment women have to spouse, family and home that in times of stress causes women to hunker down and deal with it, while men may want to flee.”

Whatever the real reason for this disparity may be, we continue to argue that treating  men and women the same though the divorce process fails to address the clear fact that these clients have different needs, challenges and resources.  Recognizing these differences will serve all clients better.