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Will Remarriage Affect My Child Support Obligation?
Posted in Divorce on June 9, 2021
Finding new love after a divorce can make it easy to overlook how a remarriage might affect a divorce decree from a past relationship. If one or both parties plan on getting remarried, however, they must understand how this might affect parts of the divorce order, including either party’s financial obligations. Before you start a… read more
The Most Common Financial Mistakes People Make During Divorce
Posted in Divorce on June 7, 2021
It can be difficult to protect yourself emotionally and financially during a complicated divorce case in Colorado. However, there are steps you can take to improve the outcome of your divorce and make the process as stress-free as possible. Avoiding several common financial mistakes can allow you to prevent issues that could significantly hurt your… read more
What Is a Preliminary Injunction in Divorce Cases in Colorado?
Posted in Divorce on June 3, 2021
A preliminary injunction is something you will encounter if you receive a summons for a divorce action in Colorado. It is a legal order not to do certain things, such as destroy property that belongs to your ex-spouse or spend large sums of money from a joint account, until the dissolution of your marriage or… read more
What to Do When the Other Parent Isn’t Complying With Court Orders
Posted in Family Law on April 29, 2021
In a divorce case, both parties are required to follow all orders given by the court. This includes orders related to property division, child support, child custody and alimony. If your ex-spouse is not complying with a court-ordered parenting plan, you have legal rights as the other parent. Take action to protect your rights with… read more
Can I Move Out of My House Before Divorce?
Posted in Divorce,Family Law on April 27, 2021
If you and your spouse have decided to get divorced, it can be uncomfortable and inconvenient to continue living together. It is normal to want to begin your new life as soon as possible by moving out. Whether or not you should move out of your house before a divorce, however, depends on the circumstances…. read more
What Are Child Support Arrears?
Posted in Child Support on April 26, 2021
Child support is an important part of many divorce settlements in Colorado. Child support is a court order that requires the noncustodial parent to pay the custodial parent a certain amount each month for child care. If the noncustodial parent fails to fulfill a child support obligation, he or she falls into arrears. The custodial… read more
Is it Possible to Refuse a Court-Ordered Visitation in Colorado?
Posted in Child Custody on March 22, 2021
Child custody is a complicated matter in a divorce case in Colorado. Physical custody refers to the physical control of a child, while legal custody is the right to make important decisions. Child visitation, also known as parenting time, refers to a parent’s legal right to visit with his or her child. If your ex… read more
What Is a Prenuptial Agreement in Colorado?
Posted in Family Law on March 17, 2021
Marriage and divorce can have many financial implications. Depending on the divorce laws in your state, if you dissolve a marriage, you may have to share some or all of your assets with your spouse – even if you were the sole earner of those assets. A prenuptial agreement (often shortened to prenup) can help… read more
Financial Mistakes to Avoid When Filing for Divorce
Posted in Divorce on March 15, 2021
When preparing for a divorce in Fort Collins, Colorado, you can do certain things to reduce your financial risk and have greater control over the outcome of your case. It is critical to avoid common mistakes that lead to financial issues for a spouse post-divorce. Work closely with a divorce lawyer for assistance with the… read more
What Is the Difference Between an Annulment and a Divorce?
Posted in Divorce on February 18, 2021
There are two main ways to dissolve a marriage in Colorado: annulment and divorce. While both effectively end a marriage, they are two distinct processes with very different legal consequences for a couple. With a divorce, each spouse is single but recognized as having been previously married. With an annulment, it is as if the… read more
What Happens to Marital Debt After a Divorce in Colorado?
Posted in Divorce on February 15, 2021
The law in Colorado classifies all assets and debts accumulated during a marriage as marital property. In a divorce case, the courts have the jurisdiction to divide marital property. The courts in Colorado do this using the law of equitable division, meaning a judge will split marital property according to what is fair. Understanding what… read more
What Is Considered Income When Deciding Child Support?
Posted in Child Support,Divorce on February 12, 2021
If you and your spouse share a child during a divorce, one of you may end up owing the other child support, depending on the custody and support arrangement. If you believe you will have to pay your ex-spouse child support after a divorce, it can help to understand how the courts in Colorado calculate… read more
How Can Social Media Affect My Divorce Claim?
Posted in Child Custody,Divorce,Spousal support on January 18, 2021
You may not think something as trivial as social media could make an impact on a legal process such as a divorce claim. In law, however, social media activity can become evidence. What you post on social media platforms such as Twitter, Instagram and Facebook could be used against you during a divorce case. It… read more
What If My Spouse Evades Service of the Divorce Papers?
Posted in Divorce on January 14, 2021
Divorce isn’t always mutual. In some cases, one spouse wants a divorce while the other refuses to cooperate. In Colorado, you can still get a divorce even if your spouse won’t sign the papers. If your spouse is in denial, however, you may have to deal with additional complications that delay the process. One of… read more
How Can You Stop Parental Alienation?
Posted in Family Law on January 12, 2021
A divorce can have many ramifications for a family. One potential risk is distance coming between you and your child – both physically and emotionally – if you do not have primary custody. Sadly, your ex-spouse may make things worse by badmouthing you in front of your child or spreading hurtful lies when you’re not… read more
Divorce and Children With Special Needs
Posted in Divorce on December 16, 2020
Divorce is a complicated process for any couple with children in Colorado, even under normal circumstances. When a child of the marriage has special needs, divorce can come with even more challenges. It is possible to get a divorce as the parent of a child with special needs with minimal financial and emotional stress. Overcoming… read more
The Effects of Coronavirus/COVID-19 on Child Custody
Posted in Child Custody on December 14, 2020
Child custody was already a complicated matter before the coronavirus/COVID-19 pandemic made it dangerous for some parents to divide time spent with a child. The coronavirus has changed the landscape of parenting time and visitation orders with safety measures such as lockdowns and stay-at-home rules. Families now have to consider new challenges when dividing custody… read more
How to Navigate a Divorce When You Have a Family Business
Posted in Divorce on December 11, 2020
No one plans on getting divorced when they get married and start a family business together. If the marriage does end, issues related to the family business can lead to a complicated legal battle. You may not know how to divide your business or its assets fairly or how to prevent a judge from intervening…. read more
How to Defend Against a Motion to Restrict Parenting Time
Posted in Divorce on November 23, 2020
It may come as a surprise to receive a Motion to Restrict Parenting Time in Fort Collins. You might never have expected your ex-spouse to take you to court to try to reduce the time spent with your child. If you have been served with this type of legal document in Colorado, read it immediately…. read more
Can My Ex Leave the State With Our Child?
Posted in Divorce,Family Law on November 20, 2020
It is not unusual for one spouse to want to move away for a fresh start after a divorce in Colorado. When children are involved, however, moving away is complicated. Every citizen has the right to travel freely. You may have legal recourse as the noncustodial parent, however, if the move will negatively affect your… read more
How Are Financial Investments Divided in a Divorce?
Posted in Divorce on November 18, 2020
Property division is one of the most complicated aspects of a divorce case in Colorado. A lot of couples have complex assets, such as financial investments, retirement accounts, and stocks and bonds. Finding out how the courts may divide financial investments in a divorce could encourage you to work together with your spouse on a… read more
What Can I Expect at an Emergency Custody Hearing?
Posted in Child Custody on October 23, 2020
Even in the best of circumstances, a custody hearing can be a difficult and emotional process. An emergency custody hearing can be even more overwhelming due to the grave nature of the complaint. Emergency hearings for child custody typically involve dangerous or time-sensitive issues, such as suspected child abuse or neglect. If you are part… read more
What Is Considered Marital Property in Colorado?
Posted in Divorce on October 21, 2020
The division of property is one of the main issues during a divorce case in Colorado. Colorado is an equitable distribution divorce state. It uses a common law doctrine rather than one based on the laws of community property. Instead of dividing property 50/50 in a divorce case, the Colorado courts will divide marital property,… read more
How to Establish Paternity in Colorado?
Posted in Family Law on October 19, 2020
Paternity is a father’s legal status as the parent of a child. For the most part, paternity is not an issue if a couple has a child while married. In this situation, paternity will automatically go to the father. If the couple is not married, however, they may need to establish paternity. Establishing paternity is… read more
Can You Get an Annulment If Your Marriage Was Based on Fraud?
Posted in Divorce,Separation on September 23, 2020
A marriage should be entered into by two people who have all of the information they need to make an informed decision about the union. Unfortunately, some people enter into marriages under misconceptions borne from deceit, misrepresentation and fraud from the other party. These marriages are invalid in the State of Colorado. If you believe… read more
How to Appeal Mediation Agreement Signed Under Duress
Posted in Mediation on September 17, 2020
Mediation is a confidential meeting between two parties to resolve an issue, such as the terms of a divorce or a property settlement agreement. It is an out-of-court process in which both parties attempt to agree on a resolution to avoid going to trial. If the parties reach an agreement during mediation, they will sign… read more
What’s the Difference Between Divorce, Dissolution and Legal Separation?
Posted in Divorce,Separation on September 11, 2020
You have multiple options for ending your marriage in Colorado. Divorce is not your only avenue. The family courts in Colorado also offer other solutions, such as legal separation. Understanding the difference between divorce, dissolution and legal separation can help you choose the right option for you. Divorce vs. Dissolution Divorce and dissolution of marriage… read more
What Does Child Support Cover in Colorado?
Posted in Child Support on August 25, 2020
Child support is a court order requiring one spouse to pay the other for a child’s basic expenses after a divorce. Most divorces involving children end with one parent having to fulfill a child support order until the child turns 19 (or older with some exceptions). Child support payments are meant to cover certain expenses… read more
How Do I File for an Annulment in Colorado?
Posted in Divorce,Family Law on August 18, 2020
Annulment is not the same as divorce or separation. It is a plea for the courts to rule the marriage invalid rather than dissolving it – striking the marriage from the record as if it never happened. Some people choose to file for an annulment in Colorado instead of divorce for a simpler legal process… read more
Can Phone Records Be Subpoenaed in a Divorce?
Posted in Divorce on August 12, 2020
A divorce can be difficult or messy depending on the couple and the circumstances. One spouse may need to search for private information on another spouse’s electronic devices in a contested divorce case, for example, to prove something such as hidden assets, lavish expenses or an affair. In Colorado, it is legal for one spouse… read more
Child Custody and Visitation During the COVID-19
Posted in Child Custody on June 2, 2020
It is an unprecedented time for parents as they cope with the novel COVID-19/coronavirus pandemic. Canceled school, closed-down day cares and shelter-in-place orders have led to a lot of confusion and frustration for parents with small children. If you and your ex-spouse have a custody agreement from a divorce or separation in Colorado, you could… read more
How to Prepare for an Uncontested Divorce?
Posted in Divorce,Spousal support on May 26, 2020
Every divorce case is unique. Your divorce will not look like anyone else’s. You may be able to predict what to expect from your divorce, however, if you understand your divorce type. In general, your divorce in Colorado will either be contested or uncontested. If you believe you have an uncontested divorce, take some steps… read more
Here’s How Divorce Changes If it Is High Net Worth
Posted in High Net Worth Divorce on May 11, 2020
The divorce of any couple can be difficult and involve confusing laws and complex legal matters. The financial side of a divorce can be even more complicated, however, with a high net worth couple. More assets to divide and issues to contest make for lengthier divorce negotiations. High net worth couples are also more likely… read more
How to Manage a Stressful Divorce During COVID-19/Coronavirus
Posted in Divorce on May 4, 2020
It is an unprecedented time for couples around the world as the COVID-19/coronavirus pandemic continues to alter life as they know it. If you are dealing with anxiety related to COVID-19 on top of the stress of a divorce, you might feel like you are floundering. Luckily, help is available. You are not alone in… read more
The Effects of Coronavirus/COVID-19 on Divorce
Posted in Child Custody,Child Support,Divorce,Family Law on April 27, 2020
The coronavirus/COVID-19 pandemic has had far-reaching implications. It has affected most aspects of life…including marriage and divorce. Couples quarantining together have given rise to speculation of divorce rates increasing, while couples in the middle of divorces are wondering how the virus will affect their cases. Take a look at how the coronavirus has affected divorce… read more
What Happens If You Lie in Divorce Mediation?
Posted in Divorce,Mediation on March 11, 2020
Divorce mediation is not the same as a court trial. It is a pre-trial meeting in which you and your spouse – with or without legal representation – work out the details of your divorce agreement without a judge’s intervention. You will have the power to agree or disagree with the terms of the divorce… read more
Will Your Child Support Decrease If Your Partner Has Another Child?
Posted in Child Support on March 11, 2020
Child support is a financial responsibility one parent may owe the other after divorce. One parent – typically the noncustodial one – may owe the other parent child support to keep the child’s quality of life the same after a divorce. Each state has unique child support laws and regulations. In Colorado, the courts will… read more
How Does the Court Determine Who Gets Custody of the Children After a Divorce in Colorado?
Posted in Child Custody on March 11, 2020
Child custody is one of the most complex aspects of divorce. It is a highly emotional matter deciding who will be physically and legally responsible for your child. The courts of Colorado do not take custody decisions lightly. They analyze many factors and will hear from both sides of the case before determining what custody… read more
Divorce Concerns for Couples With High Net Worth
Posted in High Net Worth Divorce on February 5, 2020
Divorce is already difficult without a factor such as high net worth making matters more complicated. If you are seeking a high net worth divorce, you could have an uphill battle. From splitting up a jointly owned business to trying to avoid a trial, your family may go through a lot to achieve a divorce… read more
What Happens After Divorce Mediation?
Posted in Mediation on February 5, 2020
Divorce mediation is a popular alternative to a conventional courtroom setting. Mediation involves both spouses, (possibly) their lawyers and a third-party unbiased judge, or mediator. Mediation can be as official or unofficial as you wish. The mediator cannot rule on your divorce or create court orders. Instead, the mediator is there to communicate with you… read more
How Does Child Support Work in Colorado?
Posted in Child Support on February 5, 2020
Challenges related to child custody and support are often some of the hardest to overcome during divorce cases in Colorado. Negotiating child support during a divorce takes a combination of understanding state laws and knowing what you can do to help. A divorce lawyer can walk you through how Colorado handles child support orders to… read more
5 Tips and Tricks for an Easier Divorce in Colorado
Posted in Divorce on January 9, 2020
Divorce is never an easy process. It does not have to be as difficult as the movies make it out to be, however. You and your spouse can avoid screaming matches and tense divorce trials with the right tools, knowledge and tips. Five tried-and-true tricks from people who have been where you are can make… read more
What to Bring to a Divorce Mediation in Fort Collins Checklist
Posted in Mediation on January 9, 2020
Divorce mediation can make a difficult time in your life a little easier. Mediation is often faster, simpler and cheaper than the traditional divorce process. A mediator can facilitate open conversations and compromises between you and your soon-to-be-ex-spouse, potentially enabling an agreement so you can both avoid going to court. Use this checklist before your… read more
Why Are Divorce Rates High in the US?
Posted in Divorce on December 11, 2019
Although divorce rates have fallen in the U.S. over the last few decades, divorce is still common. The divorce rate as of 2017 was 2.9 per 1,000 people. With 787,251 divorces across 45 reporting states and 2,236,496 marriages, the national divorce rate is about 35%. This is 15% less than the common misconception that half… read more
Does Length of Marriage Affect Divorce Settlement?
Posted in Divorce on December 11, 2019
When sorting through the factors involved in your divorce case, you may wonder if the length of your marriage will make a difference. Whether you have been married 1 year or 10, it could affect how the Colorado courts view your divorce case. While length of marriage will not impact every decision the courts make… read more
Are Assets Always Split 50/50 in a Divorce?
Posted in Divorce on December 11, 2019
Asset division is one of the key matters in any divorce case in Colorado. If you have discussed divorce with a family law attorney, you may have asked how the courts might divide you and your spouse’s shared assets and debts. Colorado is an equitable division state, meaning that while the courts will divide assets… read more
What to Do if Your Spouse Is Verbally and Emotionally Abusive?
Posted in Family Law on November 18, 2019
Physical abuse is not the only type that could cause irrevocable harm to your relationship. Emotional, mental and verbal abuse can just as easily cause a permanent rift. Abuse of any kind could greatly impact your marriage. It may be the reason you file for divorce in Colorado. If you are suffering verbal and/or emotional… read more
How Does Cheating Affect a Divorce?
Posted in Child Custody,Divorce on November 18, 2019
Cheating is the driving factor behind many divorce cases. Cheating could be the reason one or both parties come to the courts with a divorce petition. Whether cheating will play a role in divorce proceedings, however, depends on the state. Most states permit petitioners to bring fault-based divorce claims on the grounds of adultery. In… read more
What Is Fault Divorce Versus No-Fault Divorce?
Posted in Divorce on November 18, 2019
During a divorce case, you may hear the terms fault and no-fault, especially at the beginning of the filing process. While every state allows claimants to file for no-fault divorces, some also give the option of filing for a fault divorce. It is important to understand the difference between these two types of divorce, the… read more
Bad Social Media Habits to Avoid During Your Divorce
Posted in Divorce on October 14, 2019
Updating your friends and family about your divorce on social media may seem innocent enough…until your ex-spouse brings printed-out tweets to court to use as evidence against you during a custody battle. What you post on social media is not privileged information. It is available to the public and can be used against you during… read more
Can an Ex-Wife Claim Money After a Divorce in Colorado?
Posted in Divorce on October 14, 2019
Property division is one of the key issues discussed during a divorce case in Colorado. Property refers not only to the family home, but also income earned, bank accounts, savings and retirement funds. If you are getting a divorce, you may wonder how much of your income – if any – a judge will award… read more
Does Taking Antidepressants Affect Child Custody?
Posted in Child Custody on October 14, 2019
During a divorce case, it is normal to feel anxious, depressed or overwhelmed. For many people, the stressors that come with divorce are enough to lead to a prescription for antidepressants. If you are on antidepressants, however, your spouse could try to use this against you during a custody battle. While this may seem like… read more
Is it Better to File Bankruptcy Before or After Divorce?
Posted in Divorce on September 17, 2019
A typical divorce case does not exist. Each case is unique, with complex elements such as child custody, spousal support and the division of assets setting them apart. One matter that could complicate a divorce case in Colorado is the desire to declare bankruptcy. Whether you should file bankruptcy before or after your divorce depends… read more
Division of Vacation & Sick Time During a Divorce
Posted in Divorce on September 8, 2019
Dividing assets during a divorce case in Colorado is often one of the most complicated aspects of a split. Assets can include not only physical property such as a home or vehicle but also financial assets such as bank accounts, retirement savings, stocks, bonds and paid vacation time. During a divorce, the courts require both… read more
What Is “Non physical” Domestic Violence?
Posted in Family Law on September 1, 2019
When most people think about domestic violence, they imagine one partner physically abusing another member of the household. While this tragic situation occurs all too often, it is not the only form of domestic violence. Nonphysical domestic violence can be just as harmful to victims. Nonphysical violence, abuse and harassment can harm a person mentally,… read more
What Is the Divorce Rate in Colorado?
Posted in Divorce on August 23, 2019
Divorce has to do with much more than where you live, but according to statistics, location could predict whether your marriage survives. Public record data collection gives an overview of the divorce rates in each state and city in America. Lists of the places with the highest divorce rates become a cause for concern for… read more
When Does Spousal Support End in Colorado?
Posted in Separation on August 15, 2019
Spousal support is a court-ordered arrangement in which one spouse of a divorce pays another – either in a lump sum or monthly payments. A judge in Colorado may award spousal support during a divorce case that involves an income disparity between the spouses. If one spouse stayed at home to care for the kids… read more
Stay-at-Home Mom Divorce Rights Colorado
Posted in Child Custody,Family Law on August 5, 2019
Dealing with a divorce can be difficult for any family. As a stay-at-home mom, however, you may worry more than most about what your life might look like post-divorce. You may have forfeited an education or career to care for children, relying on your spouse for financial support. Now, you may lose this support, on… read more
Pending Criminal Charges and Child Custody in Colorado
Posted in Child Custody,Colorado Laws on July 22, 2019
A history of crime could impact your child custody case in Colorado. All child custody matters boil down to one main consideration: what is in the best interest of the child. If a criminal record demonstrates to a judge that you may put your children at risk in any way, it could impact his or… read more
What Are the Four Main Issues in Divorce?
Posted in Child Support,Colorado Laws on July 15, 2019
Hiring a divorce lawyer and separating from spouse can come with many difficulties and concerns. In the eyes of the law, however, just four elements compromise the heart of your case. Whether you and your spouse are trying to work together for an uncontested divorce or you are already preparing for a trial, it is… read more
Different Types of Separation: Trial, Permanent and Legal Separation
Posted in Separation on July 2, 2019
If the tension in your relationship becomes more than just a rough patch, separation might be a positive choice for your family. Separation is not divorce. You and your spouse will remain legally married, with all the benefits that come with a marriage on paper. However, separation may impact matters such as finances and legal… read more
Can You Sue for Defamation in a Divorce in Colorado?
Posted in Colorado Laws on June 29, 2019
In the midst of a tense and emotional divorce case, inadvisable events can sometimes occur. One spouse may make statements or allegations against the other during proceedings, including those which could be damaging and potentially defamatory. In such cases, you may seek to file a lawsuit for defamation against your spouse during the divorce. When… read more
Who Pays for Your Child’s Private Education After a Divorce?
Posted in Colorado Laws on June 20, 2019
Following a divorce, many costs associated with raising children may be disputed by former spouses. One of these is the cost of a private education for the child or children. Divorced parents often dispute this because one parent may feel that this is a necessity, and therefore the other parent should pay for it. The… read more
What Is a Common Law Marriage in Colorado?
Posted in Family Law on June 10, 2019
Colorado is one of 12 states which recognize common law marriage as legal and binding. This is a form of marriage which does not require a license or a formal ceremony, but in which both parties mutually consent to be man and wife. This legal status grants both members of the couple certain rights and… read more
How to Modify a Child Support Order in Colorado
Posted in Child Support on May 22, 2019
Once the court issues a child support order as part of a divorce case, its terms are inflexible. The spouse that must make child support payments cannot choose to skip a month or change the support amount without court approval. The only way to modify a child support order in Colorado is to undergo a… read more
Can I Stop a Divorce If the Paperwork Has Already Been Filed?
Posted in Divorce on May 10, 2019
Not all couples in Colorado achieve amicable divorces. Some couples both agree to the divorce, but not to its terms. Others have one spouse striving for reconciliation. In other cases, a couple files for divorce only to change their minds later. If you need to recall a divorce petition you or your spouse has already… read more
Posted in Child Support,Colorado Laws,Spousal support on May 3, 2019
Imputed income is a court-ordered income amount that may apply to child support cases in which one parent tries to escape financial responsibility by lying about his or her income level. The divorce courts in Fort Collins take child support orders very seriously. They will handle a parent that tries to act outside the system… read more
How to Notify a Noncustodial Parent You’re Moving
Posted in Child Relocation on April 15, 2019
Developing a custody agreement is often a long and stressful process, and the divorced parent’s lives can change in drastic ways after a custody agreement has already been established. Fortunately, the court system allows divorced parents to revisit and amend an existing custody agreement in light of changing life circumstances. For example, if your employer… read more
Determining The Best Child Custody Schedule
Posted in Child Custody on April 3, 2019
When a married couple with children decides to divorce, they must draw up a custody agreement that preserves the best interests of their children. It is in the best interests of both spouses to come to mutually agreeable terms and focus on what is best for their children. When either divorcing spouse attempts to “weaponize”… read more
Stephen Vertucci Listed as Top 3 Divorce Lawyers by Three Best Rated® for 2019
Posted in Divorce,Family Law on March 19, 2019
Stephen Vertucci was recently ranked as the top divorce attorney in Fort Collins, CO by Three Best Rated®. Qualifications for ranking as a top 3 divorce lawyer in Fort Collins included a rigorous 50-Point inspection ranging from checking reputation, history, complaints, ratings, satisfaction, nearness, trust, cost and general excellence. Three Best Rated® was created to rank top businesses… read more
Who Gets Pet Custody in a Colorado Divorce?
Posted in Divorce,Separation on March 15, 2019
Studies show that pet ownership has increased in the last few decades. Since the first National Pet Owners Survey in 1988, pet ownership has gone up by 12%, from 56% of U.S. households to 68% in 2018. Studies also show the increase in pet ownership correlates to a decrease in younger generations having children. The… read more
How Alcohol and Drug Allegations Can Impact Your Child Custody Case
Posted in Child Custody on March 2, 2019
Child custody is often the most critical part of a divorce case for the parents involved. No parent wants to lose custody of his or her child. However, the Colorado courts will make a decision based on the child’s best interests. Unfortunately, your spouse may take a custody hearing as an opportunity to raise grounds… read more
What Is Considered Parental Kidnapping in Colorado?
Posted in Child Custody,Child Relocation,Family Law on February 25, 2019
The most common form of child abduction is parental kidnapping. Parental kidnapping occurs when a non-custodial parent takes children without the custodial parent’s knowledge or consent. Colorado laws define taking a child as kidnapping, even if the abductor is a parent, if that parent does not have custody or parenting time privileges. If a non-custodial… read more
When Can a Child Legally Choose Which Parent to Live With?
Posted in Child Custody on February 13, 2019
Child custody is one of the most complex matters in a Colorado divorce case. Determining which parent will receive joint, shared, or full custody of children will become a decision of the court, if the parents cannot agree to custody terms on their own. The number one factor a judge will consider when making custody… read more
Colorado Child Support Modification
Posted in Child Support on February 2, 2019
The Colorado family courts calculate child support based on both parents’ incomes, the child custody agreement, costs of childcare, and many other factors. Once the courts issue a support agreement, the paying parent must keep up with support payments to the recipient, or else face consequences, such as contempt of court. The only situation in… read more
Top 5 Most Common Reasons for a Divorce
Posted in Divorce on January 28, 2019
The divorce rate across the United States has decreased by 18% over the last 10 years. In Colorado, the trend is similar; the state divorce rate is the lowest it has been in a decade. Despite lower numbers, however, the divorce rate in Colorado is still over 20,000 couples per year. While every couple has… read more
Does Adultery Affect Alimony in Colorado?
Posted in Divorce on January 20, 2019
Alimony, called spousal maintenance in Colorado, is a court-ordered payment one spouse gives the other as part of a divorce or separation agreement. Typically, the spouse earning less income will receive the payments, while the one with greater income becomes the payer. Alimony is a guarantee in Colorado divorce cases where the combined gross annual… read more
Colorado Rules for Magistrates
Posted in Family Law on January 9, 2019
A magistrate is similar to an appointed judge but has more limits regarding his or her role in the judicial system. A magistrate only has the power to resolve certain disputes in the state of Colorado. The most common job of a magistrate is to resolve family law cases, such as temporary orders and parental… read more
What Is a Civil Union in Colorado?
Posted in Family Law on December 22, 2018
Several states now allow civil unions for both same-sex and opposite-sex couples, including Colorado. Essentially, a civil union is a marriage in every way but name. Almost every law that applies to marriage also applies to civil unions. Domestic partnerships, however vary from civil unions greatly. It can be difficult to determine the differences in… read more
Colorado Military Divorce Laws
Posted in Colorado Laws,Divorce on December 17, 2018
Even when both parties agree a divorce is their best interests, it can still be a challenging time. For couples in which one or both spouses are active duty military, divorce can be even more complicated. The way each state handles military divorce is different, and federal laws are also a consideration when a military… read more
Stepparent Adoption in Colorado
Posted in Child Custody,Family Law on November 9, 2018
When a person with a biological child marries another person, the new spouse becomes the child’s stepparent. There are many situations in which a stepparent may wish to raise the child permanently with the child’s biological parent, and adoption is the best way to ensure the child has the legal protection afforded to a biological… read more
Pros and Cons of a Prenuptial Agreement
Posted in Divorce on November 9, 2018
The idea of a “prenuptial agreement” inherently bothers many people because it can feel like preparing for a marriage to fail before it ever really starts. A prenuptial agreement essentially stipulates each spouse’s rights and obligations in a marriage, particularly when it comes to financial assets. Despite the fact that many people have traditionally found… read more
Colorado Child Support Guidelines
Posted in Child Support on October 3, 2018
When relationships don’t work out, the fallout can affect many things. In some relationships, that may mean that the couple’s children go through a change in environment, especially whenever parents are divorcing. However, both parents have an obligation to care for their children, even when the parents’ relationship changes. To help ensure that children have… read more
How Long Does Annulment Take in Colorado?
Posted in Separation on October 3, 2018
When it comes to ending a marriage, most people consider divorce as the first option. However, another option is annulment, a process through which the marriage never legally existed. This can seem like an appealing option when other factors make divorce unattractive for a couple. However, an annulment is a distinct legal procedure that has… read more
Do I Still Pay Child Support in a 50/50 Custody Agreement?
Posted in Child Custody,Child Support on September 21, 2018
A custody agreement is a complex, very detailed legal document that outlines both parents’ obligations and rights concerning their children after a divorce. There are different types of custody, and countless possible formats a custody arrangement might take. Some parents may wonder if they must still pay child support in a joint physical custody arrangement… read more
How to Talk to Your Kids About Divorce
Posted in Divorce on September 15, 2018
Divorce is never an easy subject to broach with children. Depending on the ages of your children, they may not fully understand what is happening until the living situation changes. It’s essential for divorcing parents to take time to talk about an impending divorce with their children and answer their questions. Taking the time to… read more
What You Should Know About International Travel With Your Child After Divorce
Posted in Child Relocation on September 5, 2018
International travel with children has grown increasingly common over the past several years, and so have the number of marriages between parents of varying national backgrounds. Traveling with children often entails some stress, but this increases significantly when international travel is concerned. Additionally, a divorced parent may worry about an ex-spouse abducting the couple’s children… read more
What Age Does Child Support Stop in Colorado?
Posted in Child Support on September 5, 2018
The goal of a child support agreement in a divorce or separation is to provide for the child’s best interests. No matter what this looks like, the Colorado courts will strive to fulfill it. The amount of money one spouse will have to pay to the other, the frequency of support payments, and the duration… read more
Temporary vs. Permanent Protection Orders
Posted in Colorado Laws on August 30, 2018
Protection orders are invaluable to those they defend. When someone is in fear for his/her life or well-being, a protection order can provide much-needed peace of mind. Those who decide to disobey protective orders can face strict penalties, including jail time. If you’re interested in securing a protection order in Colorado, you must first understand… read more
What Is Retroactive Child Support?
Posted in Child Support on August 11, 2018
If you and your ex-spouse have children together but the courts have yet to order a child support agreement, you may be eligible for retroactive child support, which is different from unpaid support. Retroactive support makes up the cost of support a spouse had not been paying while no agreement was yet in place. Unpaid… read more
Reasons You Should Hire a Divorce Attorney
Posted in Divorce on July 18, 2018
We increasingly live in a do-it-yourself society, which is great for things such as home improvement projects and crafting. You should leave some things, like legal matters, to the professionals, however. Plenty of research regarding DIY divorces exists, but you need an attorney to protect your rights and help you through the difficult process. The… read more
How Can I Legally Stop Paying Child Support?
Posted in Child Support on July 11, 2018
Child support can represent a significant financial expense for many noncustodial parents. If you’re paying large child support amounts each month, you may be wondering how long they last or if (and when) you can legally stop paying them. Here’s what Colorado law says about payment of child support and your rights and responsibilities following… read more
How Can I Protect My Business During a Divorce?
Posted in Divorce on July 2, 2018
A divorce brings several considerations and points of contention for couples, such as division of assets and child custody arrangements. Couples may face additional complications when one spouse owns a business, or both parties own an enterprise jointly. If you’re a business owner facing divorce in Colorado, it’s essential to take certain steps to protect… read more
Voluntary Termination of Parental Rights
Posted in Child Custody on June 28, 2018
Family law leans heavily on the concept of parental rights, which include a parent’s rights to make decisions about a child’s education, healthcare, and upbringing, as well as the right to make major decisions on behalf of a child. However, parental rights also come with significant responsibilities. A parent must provide basic necessities such as… read more
Division of Assets in a Military Divorce
Posted in Divorce on June 26, 2018
The end of a military marriage is very likely to be more complex than a typical divorce between civilians for a number of reasons. Many U.S. service members face lengthy deployment times, frequent relocation, and deal with a very complicated system of pay and benefits from the military. Regardless of what branch of the military… read more
How Long Does it Take to Get a Divorce in Colorado?
Posted in Divorce on June 21, 2018
A divorce can take a mental and emotional toll on everyone involved. Unsurprisingly, many couples who go through a divorce want the process over as soon as possible. While couples can do certain things to expedite the process, such as decide matters of child custody and asset division without litigation, Colorado sets certain time limits… read more
5 Myths About Colorado Alimony
Posted in Spousal support on June 21, 2018
Alimony, or “spousal maintenance,” is a payment structure that plays an important role in divorce. When a couple divorces, it’s likely one spouse makes more money than the other, and the judge handling the case may require alimony payments to the lower-earning spouse. In many cases, the judge will require these payments to continue into… read more
Ways to Serve Divorce Papers to Your Spouse
Posted in Divorce on June 14, 2018
Divorces are rarely simple or easy matters, and the first step in securing your divorce is often a difficult one: serving your soon-to-be ex-spouse divorce papers. After filing the necessary paperwork with the court to begin your case, the next step is serving your spouse a copy of the divorce paperwork. It’s vital to follow… read more
Colorado Custody Laws for Unwed Parents
Posted in Child Custody on June 7, 2018
The state of Colorado handles custody battles between unwed parents in much the same way as custody issues between married parents, with a few notable exceptions. It’s vital for unwed parents in Colorado to understand their rights and obligations and know what to expect from the Colorado child custody system. An child custody attorney can… read more
How to File for a No-Fault Colorado Divorce
Posted in Divorce on April 11, 2018
Colorado, as most other states, is a no-fault state when it comes to the dissolution of marriages. This means that the courts do not consider blame when considering matters pertaining to your divorce. The state only requires that your marriage be “irretrievably broken” to file for divorce in Colorado. While issues such as domestic abuse… read more
How is Property Divided in a Colorado Divorce?
Posted in Divorce on April 5, 2018
Property division laws vary from state to state. Colorado law requires that division of property in divorce be “equitable and fair,” which means that it doesn’t necessarily have to be a 50/50 split. By contrast, community property states hold that all property accrued during a marriage is subject to a 50/50 distribution. Couples have the… read more
Can Someone Go to Jail for Not Paying Child Support?
Posted in Child Support on March 28, 2018
Child support is a legally binding agreement. If someone you know is behind on his or her child support payments, there can be serious repercussions under federal law. The United States Code, Section 228 Title 18, establishes that willful failure to pay child support is against the law in certain circumstances. This makes a violator… read more
Benefits of a Colorado Divorce Mediation
Posted in Mediation on March 22, 2018
For many people, divorce is an upsetting experience. It changes your life not only emotionally, but financially. Over the past few years, couples going through a divorce have begun to use a divorce mediator to try to lessen the emotional and financial blows of a divorce. If you are dealing with a difficult divorce, the… read more
What If The Court Denies Your Child Support Modification?
Posted in Child Support on March 12, 2018
After a divorce, it may seem like the legal decisions are set in stone. However, life changes can happen fast and, sometimes, your divorce negotiations need to change to keep up with other changes in your life. Other times, the circumstances of your children’s lives change, and a modification may be necessary. If the courts… read more
Is Co-Parenting Right for Your Child Custody Case?
Posted in Child Custody on February 27, 2018
Divorce isn’t easy on anyone, but children often suffer the most in the dissolution of a marriage. Your Colorado child custody attorney can help you understand the laws regarding custody in Colorado. One viable option for some parents is co-parenting; if you are considering a divorce and looking for ways to make the transition easier… read more
Will My Spouse Pay Me Alimony?
Posted in Divorce on February 13, 2018
Alimony is a large part of divorce proceedings. The courts decide which spouse is going to receive financial support from the other, for how long, and how much will be received. Before 2014, Colorado judges could decide alimony according to their own discretion, and there were fewer regulations and specific formulas. Because of this, payment… read more
Posted in Divorce on January 31, 2018
Divorce has become a more common occurrence in recent times. As the trend grows, information about the technicalities of divorce has circulated amongst citizens in Colorado. Some of this information is factual and some isn’t. It’s important to separate fact from fiction and understand the actual stipulations involved with divorce law. Property and assets are… read more
Restraining Orders vs. No Contact Orders: What’s The Difference?
Posted in Separation on January 26, 2018
Both forms of legal action prohibit contact by one party to the other. One of the main differences is that restraining orders often last up to one year and are temporary. No-contact agreements are binding contracts that can be removed only by the district attorney or the judge who is working the case. Another contrasting… read more
What to Expect During a Colorado Mediation
Posted in Child Custody,Divorce on December 28, 2017
A Colorado mediation is a dispute resolution strategy that takes place in front of an impartial third-party judge or mediator. Mediation is a common strategy for families during divorce and child custody cases, with the purpose of resolving disputes before going to court. If both parties can come to an agreement during mediation, a trial… read more
5 Social Media Mistakes To Avoid During A Divorce
Posted in Divorce on December 6, 2017
Even the most amicable divorce can be complicated. What was previously a team effort suddenly turns into a potential battle between two people intimately familiar with each other. It’s like watching two football teams face off for their annual game. You know it’s going to get dirty, rough, tense, and nerve-wracking. Rules will be broken,… read more
Grandparent’s Rights Regarding Grandchildren
Posted in Child Custody on November 27, 2017
Families come apart for numerous reasons: death, divorce, abuse, imprisonment, long-term separation (e.g., military deployment), and more. In these instances, sometimes the grandparents are the most stable guardians in a child’s life. Despite this, grandparents do have automatic legal rights regarding their grandchildren, though specifics regarding custody vary from state to state. To make sure… read more
5 Reasons “Gray” Divorce Is On The Rise
Posted in Divorce on November 20, 2017
A new trend has been on the increase over the last two decades; an increase in “gray divorces,” which happen when people over the age of 50 file for divorce. More than 90 percent of the adult population gets married prior to turning 50, but between 40 and 50 percent of those couples do not… read more
What To Do When Your Ex Won’t Pay Child Support
Posted in Child Support on October 25, 2017
Child support rulings help parents maintain quality of life for their children after a divorce, but if one spouse refuses to pay required support payments, it can disrupt life for everyone involved. Raising children is expensive, and a spouse who refuses to pay court-ordered child support can cause significant financial strain on the other spouse… read more
What Does Colorado Child Support Cover?
Posted in Child Support on October 18, 2017
When a couple with children divorces, the Colorado court system uses the divorce proceedings to determine the best interests of the children going forward after the marriage ends. Since the divorcing couple will likely move into separate homes, custody and child support payments are common elements of divorce proceedings. In the state of Colorado, child… read more
Colorado Permanent Orders Hearing
Posted in Divorce,Separation on October 12, 2017
There are many steps to a divorce case in Colorado. The final stage is the Permanent Orders Hearing. During this conclusive hearing, the judge reviewing the divorce will make the final determinations concerned marital asset and debt division. The judge will also determine maintenance awards, such as spousal support or alimony. If the divorcing couple… read more
Are Mothers Favored In The Child Custody Process?
Posted in Child Custody on September 27, 2017
There has been a tremendous amount of public discussion over equal rights in recent years. One significant issue seems consistently ignored despite these trends is the treatment of fathers in the child custody process. This is an area of life that leaves men at a distinct disadvantage compared to women, and the family court system… read more
What If A Parent Doesn’t Honor A Child Custody Schedule?
Posted in Child Custody on September 14, 2017
Of all legal proceedings, child custody arrangements are often the most contentious. Once established, however, they are legally binding unless amended by a judge. So what happens when a parent doesn’t honor the prearranged child custody schedule? Issues Concerning Custodial Parents It’s important to remember that a child custody arrangement is a court order. A… read more
Serving Your Divorce Papers In Colorado
Posted in Divorce,Separation on August 31, 2017
Maybe you’re in the beginning stages of contemplating a divorce, or maybe you’re getting ready to file an official motion. No matter what stage you’re at in considering a divorce, the idea of taking the next step can be scary. Knowing about the process can help put your mind at ease and prepare you for… read more
Understanding Uncontested Divorces in Colorado
Posted in Divorce on August 22, 2017
If you and your spouse have an amicable relationship and agree on all child custody and property division matters, you may want to consider filing for an uncontested divorce. Uncontested divorces are the fastest and most cost-effective kind of divorce. The state of Colorado refers to these kinds of divorces as “decrees upon affidavit.” Do… read more
The Impact of a DUI on a Child Custody and Divorce
Posted in Child Custody,Divorce on July 31, 2017
A DUI charge is never easy to face, but it can feel even more stressful if it accompanies divorce and child custody proceedings. On top of your existing emotional and financial strains, a DUI creates the need for yet another attorney, mandatory court appearances, and potential jail time and fines. If you are looking for… read more
How Can I Pay Child Support If I Am Unemployed?
Posted in Child Support on July 24, 2017
There may come a time when you can no longer afford your court-ordered child support payments. You may have recently incurred unexpected bills, received a demotion at work, or even lose your job. The unemployment rate in the U.S. was 4.8% in the beginning of 2017, according to the Bureau of Labor Statistics. While this… read more
What If My Spouse Won’t Agree To A Divorce?
Posted in Divorce,Separation on July 17, 2017
When two people experience irreconcilable differences in a marriage, both parties typically want to complete the divorce process as quickly as possible. But this isn’t the case in every relationship. Sometimes, one party wants to stay married or delay the process by refusing to participate. If your spouse won’t agree to a divorce, there are… read more
What Factors Does A Judge Consider In A Colorado Child Custody Case?
Posted in Child Custody,Separation on July 10, 2017
Custody battles are some of the most dreaded aspects of divorce cases in Colorado. No parent wants to fight for the right to have child custody – nor prove to a judge that he or she is a “good” parent. In Colorado, the law refers to child custody as “parental responsibilities.” When both parents agree… read more
How To File For Child Custody Modification In Colorado
Posted in Child Custody,Separation on June 12, 2017
There may come a time when you need to make changes to your child custody agreement. Custodial and noncustodial parents can file for modifications to child custody in Colorado. The courts support safe and supportive living arrangement changes, and prefer these kinds of modifications to disruptive changes. The courts will only accept a child custody… read more
What Happens if I Am Unable to Make My Child Support Payment?
Posted in Child Support,Separation on May 30, 2017
During divorce or legal separation negotiations, the Colorado courts will calculate child support payments based on the monthly gross incomes of both parents and estimates of what each parent spends on the children. The noncustodial parent (the parent without primary custody) will pay his or her share of the obligation to the custodial parent. To… read more
Can You Lose Custody of Your Child if You Miss Too Many Visitations?
Posted in Child Custody,Separation on May 23, 2017
After a legal separation or divorce, the courts may order a child custody (or “parenting time”) agreement, in which one parent does not have full or joint custody, but visitation rights. Visitation rights in Colorado grant non-custodial parents the opportunity to visit children in supervised or unsupervised settings on a pre-determined schedule. Shared parenting time… read more
What Are Different Types of Alimony?
Posted in Divorce,Separation,Spousal support on May 9, 2017
Alimony is one of the more hotly debated aspects of many divorce cases. Alimony, referred to as “spousal maintenance” in Colorado, is a court-ordered payment one spouse must give to the other spouse after a divorce or legal separation. A spouse may have to pay alimony for the maintenance and support of a dependent spouse…. read more
How Is A Legal Separation Different From A Divorce?
Posted in Divorce,Separation on April 24, 2017
If you and your spouse no longer want to be together, you have two main options: legal separation or divorce. Understanding the difference between these two – and the litigation and/or judgments they may entail – can significantly help you and your spouse navigate tricky legal processes. Separations and divorces can be complex, but the… read more
What Are the Differences Between Contested and Uncontested Divorces?
Posted in Divorce,Separation on April 12, 2017
While any divorce case can be a headache for all involved, some are more complex than others. As is the case in most states, there are two types of divorce available in Colorado: contested and uncontested. A contested divorce is one in which the spouses cannot agree on one or more key issues – culminating… read more
Filing For Child Relocation in Colorado
Posted in Child Relocation,Separation on April 6, 2017
A divorce is hard on everyone in the family, especially the children. Many times, the custodial parent will want to move to a new city or state and start life anew. While the parent may feel this necessary, child relocation is often a contentious subject between the two parents, because one will feel that their… read more
Questions You Should Ask Your Divorce Attorney in Colorado
Posted in Divorce on March 31, 2017
When two people decide to end their marriage, the proceedings can be expensive, tearful and downright confusing. Each state, while mostly similar, has different laws about how assets are divided, custody is awarded and compensation is determined. So what should you ask your lawyer about your divorce? Meeting With Your Attorney Any information, even that… read more
Protecting Your Assets During A Divorce
Posted in Divorce,Separation on March 22, 2017
In a divorce, it’s usually more than the people that become separated; assets owned conjointly, or even those you owned before marriage, can go to your ex-spouse. This is often the most contentious subject in a divorce, but there’s ways your can protect your assets so that you can keep them. While the discussions may… read more
Posted in Child Custody,Child Support,Divorce on March 15, 2017
In a divorce proceeding, both the courts and the parents are focused on what is in the best interest of the children involved. Routine and predictability are important for children, as they provide emotional stability and allow them to adjust to a new and difficult situation. Parenting plans go a long way to providing this predictability, giving children their best shot at adapting to a new environment and flourishing.
Are Children’s Choices Taken Into Account by the Courts During a Divorce?
Posted in Child Custody,Divorce on March 9, 2017
Divorce proceedings can be stressful, particularly when there are children involved. The matter of custody is often the most contentious, as both parents want a say in the upbringing and welfare of their children. In an ideal situation, parents come to a custody arrangement out of court, with the help of a mediator and their respective attorneys. In fact, some judges require mediation before setting a custody hearing.
Factors Parents Should Consider When Determining Child Custody
Posted in Child Custody,Divorce,Separation on February 23, 2017
Divorce, even when amicable, is rarely an easy process. When there are children involved, the issue of custody can be hotly contested and traumatic for both the children and parents. To minimize disruptions to your family life and streamline the process, take time to prepare for your child custody hearing. These are the factors recommended… read more
What Are Different Types of Child Custody?
Posted in Child Custody,Divorce on February 16, 2017
Child custody decisions are often the most difficult parts of a divorce or dissolution of marriage. If you and your spouse have minor children and are going through a divorce, there are many parental responsibility decisions you or the courts will have to make. There are several different child custody agreements – now legally referred… read more
How is Child Support Calculated?
Posted in Child Support,Divorce on February 7, 2017
Any divorce between couples with minor children must undergo parental responsibilities planning (what the courts used to call custody agreements) during the divorce or dissolution of marriage process. Parental responsibilities include parental time, decision-making power, and child support payments. Each state has its own rules for calculating child support, or the financial support one spouse… read more
Factors to Consider When Filing For Divorce
Posted in Divorce,Separation on January 26, 2017
Every divorce case is different, but one thing remains the same – the more prepared you are for the process, the easier it will be. Filing for divorce is never easy. It’s an emotionally charged and complex legal process that requires adequate thought and planning. Retain a lawyer to be your advocate during this difficult… read more