Recent Posts in Family Law Category

  • Grounds for Modifying Court Orders in Colorado

    || 4-May-2016

    While you are going through a typical divorce process in Colorado, you and your spouse are supposed to be going back and forth, performing a give and take of rights and responsibilities to keep things balanced. You are also supposed to be looking towards the future to determine who needs what support and why. If this is remembered and your divorce is finalized, everything should be perfect. Right? ...
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  • Civil Protection Orders in Divorce Proceedings

    || 16-Dec-2015

    When a marriage is dying, one spouse often acts out the frustration, anger and powerlessness against the other spouse (usually against the one seeking a dissolution of the marriage). Colorado family law offers a procedure for entry of a court order that protects any person from threatened bodily harm, domestic abuse, emotional abuse, sexual assault or stalking by another person. These are called ...
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  • Child Abduction by a Parent

    || 11-Dec-2015

    Child abduction is a serious problem. Studies have shown that more than 200,000 children are abducted in the United States each year by a parent or family member. Colorado has adopted the Uniform Child Abduction Prevention Act to deter a parent from taking and hiding a child during the pendency of a divorce or after losing the custody of the child in a final decree of dissolution. All agree that ...
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  • Death During a Divorce Case

    || 13-Oct-2015

    What happens to a divorce proceeding when one spouse dies while the case is pending—but before a final decree of dissolution of marriage is entered by the court? In many types of cases the law provides that the case “survives” the death of a party to the case. For instance, if a person were injured in a car accident and filed a claim for compensation for those injuries, such ...
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  • Americans are a mobile people. It has been noted that the “average American” moves about 12 times in a lifetime. The United States Constitution gives Americans the “right” to “travel”, i.e. to move among the various states without barriers or permission. Since the Great Recession, wage earners have found they must be prepared to move every year or two in order ...
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  • Loss of Parental Rights Due to Mental Illness

    || 24-Aug-2015

    A judge in Colorado can end parental rights of either, or both, parents if the judge finds that the child has been neglected and no parenting counseling or education can be devised to address the parent(s)’ fitness to parent the child. Before a court terminates parental rights, however, the state agency must make reasonable efforts to prevent out-of-home placement of abused and neglected ...
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  • High on the priority list of spouses who separate and divorce is the need to make sure that their children’s college education will be funded. No parent wants their child to be burdened with college debt if the household income can ensure that some—or all—of college can be paid from the parents’ resources. Since 1997, however, Colorado courts have been stripped of the power ...
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  • Visitation Rights of Grandparents or Great-Grandparents

    || 23-Jul-2015

    “Nobody can do for little children what grandparents do. Grandparents sort of sprinkle stardust over the lives of little children.” Alex Haley In the contentious world of parents fighting over who will “get custody” of their children, sometimes the child’s grandparents feel left out. That special bond that they have with their grandchildren may be a casualty of the ...
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  • Same-Sex Rights Hitting Speedbumps in Colorado Despite Supreme Court Ruling

    || 20-Jul-2015

    When the United States Supreme Court ruled in favor to same-sex marriage rights across the country on June 26 th, 2015, no one was expecting it to clear up any issues surrounding same-sex rights all at once. Controversial stories are still cropping up left and right, coast to coast, in the onset of the 5-to-4 decision. Some county clerks are refusing to personally issue marriage licenses to ...
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  • Awards of Spousal "Maintenance" in Divorce or Separation Cases

    || 8-Jul-2015

    Colorado has adopted the “Uniform Dissolution of Marriage Act”, as have many other states, so that courts in Colorado have some specific guidance in making decisions about spousal maintenance. A court may order that “spousal maintenance” be paid to a spouse that needs support by the other spouse who has the ability to pay support. A court may award maintenance only if it ...
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  • Social Media Can Be Dangerous In Divorce and Custody Disputes

    || 22-Jun-2015

    Did you hear about the father who made a Facebook posting stating he was “single with no children looking for a good time,” at the same time he was in a legal battle for parenting time with his child? Or how about the mother who was seeking custody of her child, but at the same time posted negative and threatening comments about the child’s father on Facebook posts—that ...
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  • International Child Custody Disputes

    || 4-Jun-2015

    As our world becomes interconnected across international borders, more corporations require U.S. citizens to re-locate to foreign countries, and international romance blossoms, issues of child custody, usually “domestic” legal matters, take on international significance. Consider the father whose job takes him to France for an indefinite term. He moves his wife and family to France and ...
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  • Marriage by Proxy

    || 7-May-2015

    Colorado law allows proxy marriages in cases where one of the parties to a marriage is unable to be present and to participate in the solemnization of the marriage and so designates another person to stand in his or her place at the marriage ceremony as a “proxy.” In other words, in Colorado you have been able to get married without actually attending your wedding so long as one party ...
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  • The emotional trauma of going through a divorce is bad enough. But think about how your family would feel if your ex-spouse collected on a life insurance policy you had with your job--because you forgot to change the beneficiary! Concern about “estate” plans is not just for the “rich.” Many employees sign up for various insurance plans and products that are provided as a ...
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  • Resolving Divorce Disputes with "Private Justice"

    || 23-Feb-2015

    Colorado courts, especially in El Paso County, are swamped. Our state does not have a comprehensive family court system to handle matters of marital dissolution, child custody, child or spouse support and the like so all judges handle all kinds of cases, whether criminal trials, business disputes or family law matters. While Colorado law requires marriage and family law matters to be resolved only ...
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  • Colorado has recently joined the list of states which allow a court to consider a spouse's accrued vacation and sick time as marital property during divorce, under some circumstances. In the situation recently considered by the Colorado Supreme Court, the husband admitted that, as of the date both he and his wife filed for dissolution, he had accrued almost 452 hours of vacation and sick time. ...
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  • Deadlines to Collect Back Child Support

    || 17-Nov-2014

    How many years can go by for the non-custodial spouse to collect unpaid child support —and what law applies to the unpaid child support? There is a twenty (20) year time limit for the custodial parent to sue the non-paying parent for back child support, but in that length of time the law regarding child support often changes. Does the enforcing court apply the current law for child ...
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  • 7 Things All Women Should Know About Divorce.

    || 7-Nov-2014

    By not asking the right questions it could cost you hundreds thousands of dollars. Men and women are not treated equally during a divorce National studies consistently show that women lose financially in a divorce. About one in five women fall into poverty after a divorce. Three out of four divorced mothers don't receive full payment of child support. About one in three women who own a home, ...
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  • Arbitration of Dissolution Proceedings

    || 10-Oct-2014

    Some couples who seek a dissolution of their marriage also decide to have their disputes over the separation resolved outside of the court system. Colorado law allows parties to a dissolution proceeding to agree to arbitrate the disputed parts of their separation rather than going through the court system. Arbitration is a private means of dispute resolution where the parties have the freedom to ...
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  • Civil Restraining Orders in Colorado

    || 18-Sep-2014

    Family law attorneys know that sometimes, especially at the beginning of a dissolution proceeding, a spouse needs to be protected from harassment—or even from any contact—by the other spouse. In such cases, the spouse can apply to the court for an emergency protection order or a temporary restraining order. These orders are particularly needed in cases of domestic abuse, stalking, ...
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  • Access to Adoption Records Changes

    || 11-Aug-2014

    Colorado has adopted new standards to provide for uniform access to adoption records, including original birth certificates. The new law recognizes that members of the three primary parties of an adoption - adopter, adopted, and birth parents - all have interests in the adoption records, especially whether those records should be disclosed. The new law maintains the confidentiality to non-private ...
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  • Annulment

    || 3-Jul-2014

    With the celebrities getting divorced and making headlines in the news, annulments have become a topic with those looking to get divorced after a short-term marriage. In Colorado, the legal term for an annulment is a declaration of invalidity of marriage. The outcome is the same as a divorce meaning the property rights of spouses, maintenance, and support of and the allocation of parental ...
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  • Don't Forget the Retirement Accounts/Benefits in a Divorce!

    || 1-Jul-2014

    Going through a divorce is terrible. If one (or both spouses) forgets or is not aware of the retirement assets (IRA and 401k accounts, military retirement, pensions, stock grants, etc.) in the middle of the fog of the stress of separation and divorce, it can cost both parties a lot. Even if the couple does think about the retirement accounts, they may consider them just another bank account that ...
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  • We've heard it whispered at the grocery store, in the park, at the PTA meeting: first one, then another then ANOTHER friend is getting divorced. What is happening? It seems that divorce can be "contagious" in close social groups. It is not just divorce that appears contagious among circles or networks of friends: getting married can be "contagious" too. So can having ...
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  • Case Notes: Custody Modification for Relocation

    || 24-Apr-2014

    Mother and Father live in Colorado Springs. Both the mother and father were employed in Colorado Springs. Mother filed a motion to relocate the minor children to another state to be closer to her family and for employment reasons. Father objected to the move. The matter went to trial in front of the El Paso County District Court Judge. The court denied mother's request to relocate the minor ...
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