The Colorado Springs Family Law Blog

Let’s face it.  Divorce is ugly; not just for the Colorado Springs couple going through it, but for their children, extended family, friends and even their co-workers.  Knowing this, many couples opt to remain in a perpetual state of denial, or relationship “limbo.”  Separation agreements are pounded out, even custody and child support, but for many couples, this is where it ends. 

As a Colorado Springs divorce lawyer, I’ve seen a trend emerging that is well-intended, but ultimately not such a good idea.  It’s called “delayed divorce” (not be confused with “trial separation”).  A delayed divorce is when a couple chooses separation instead of divorce for various reasons, most of them economic. 

If you are going through a divorce, then you may have heard the term “collaborative family law”.  This increasingly popular method of dispute resolution is one that encourages a compassionate respect for all participants, and advocates a spirit of forgiveness, responsibility and personal growth.  When this technique is employed in a divorce case successfully, it can dramatically improve a family’s quality of life after a divorce.  As a Colorado Springs divorce lawyer, I highly recommend collaborative family law to my clients, especially when there are children involved. 

Before you can dissolve a marriage in the state of Colorado, all marital property must be divided equitably and legally entered in court as a “property division.”  However, even though Colorado is an “equitable distribution” state, many couples are unclear on what is considered “marital property.”   Working with an experienced Colorado Springs property division lawyer can eliminate any confusion about this issue.

According to Article 10, Sections 14-20-113 of the Colorado statutes, “marital property” can be “acquired by gift, bequest, devise or descent.”  It can also be property that is acquired in exchange for existing marital property, or even property acquired by a spouse after a decree of legal separation.  Even if a couple has a prenuptial agreement, there may still be some marital property that was intentionally excluded from that agreement.  A Colorado Springs property division lawyer will help you take inventory of all marital assets in advance of any mediation or court appearance. 

When the threat of divorce is looming in your marriage, the last thing you might want to think about is your current financial status; but now is the time to get organized and gather information that will secure your financial future.  As a Colorado Springs property division lawyer, I am acutely aware of how important it is prepare for the financial aspects of a divorce.

Before consulting with a property division lawyer, spend some time reviewing your credit report.  A decent credit score will be important when you want to rebuild financially after a divorce.  It will also help you see very clearly which marital accounts are jointly held and which are in your name only.  This is important, since debt allocation plays a large role in property division.  A Colorado Springs property division lawyer can help you determine the right course of action for each creditor, which may include freezing accounts or removing unauthorized users. Once your property settlement is complete and a divorce decree is issued, you may want to notify the creditors and credit reporting agencies and make sure all joint accounts are closed. 

If you are getting a divorce in the Colorado Springs area, you may already be aware that, like most states, Colorado is an “equitable distribution” state.  But as your family law attorney will explain, equitable doesn’t always mean equal; it is about what is fair.  As a result, it makes sense to enlist the help of a Colorado Springs property division lawyer who can help you reach a fair settlement on issues concerning property and debt. 

Not every property division settlement ends up in court.  Often, divorcing couples find they can divide up marital assets amicably.  When there are areas of disagreement, however, a property division lawyer will recommend mediation.  Mediation is where you and your spouse sit down and try to work thing out with the help of a neutral third party who is familiar with Colorado property division law.  In cases where disputes are not resolved through mediation, it may be necessary for the court to divide the marital property. 

In light of recent changes in Colorado divorce law, specifically with regard to child custody, it is important for noncustodial parents to have a legal understanding of how certain behaviors might impact their visitation.  Earlier this week, in “Part One”, I explained how supervised visitation works, and who is most vulnerable to it. 

As a Colorado Springs child custody lawyer, I have seen many parents request supervised visitation simply becaus e they don’t want their children exposed to their husband’s new girlfriend.  However, in order for a custodial parent to have the court deny visitation rights to the other parent, it is imperative that they provide proof of how that parent’s behavior runs contrary to their child’s best interests. 

Below are some acts that typify the court’s definition as “contrary to the child’s best interests”:

It goes without saying that divorce can have a devastating impact on family finances.  Running two separate households is always more expensive than running one, especially when there are children involved.  As a Colorado Springs divorce attorney, I have dealt with many couples who have taken steps to improve the “post-divorce financial picture”.   Not all of this advice will work for everyone, but here are the highlights of what I’ve learned.

Women are far more vulnerable than men to the financial devastation of a divorce.  In fact, 27% of women will experience a significant decrease in their living standard, while only 10% of men will.  Part of the reason for this is that many women decide to stay home and raise children while relying on their husband’s income for security.  When this security disappears, it can take a while to establish financial solvency while establishing a career.

In the state of Colorado, like most other states, many separated or divorced parents are faced with the prospect of supervised visitation, but there seems to be a lot of confusion surrounding this topic.  As a Colorado Springs child custody lawyer, I feel compelled to shed some light on the legal aspects of supervised visitation.

While most noncustodial parents have the right to visit with their children, these rights are by no means absolute.  A Colorado court can suspend normal visitation rights if and when they find that unsupervised visitation would run contrary to the child’s best interest.  This ruling usually occurs in cases where a parent is shown to be unfit due to neglect, child abuse, or severe mental illness.  When normal visitation rights are revoked, it is customary for the court to recommend some form of parenting time, as long as the relationship could have a positive impact on their child’s life.  The best case scenario in situations like this is often supervised visitation.

Ask any Colorado Springs divorced individual with children what is the most complicated part of divorce, and their answer will probably have something to do with the children.  Whether the issue is with visitation, enforcing rules across two different households, dealing with their child’s emotional distress, or the simple exhaustion of becoming a single parent; divorce issues continue to unfold for many years after the final papers are signed.  For this reason, it is very important to include as much detail as possible in a parenting plan and custody agreement. 

As a Colorado Springs child custody lawyer, I see a lot of couples spend countless hours hashing out a custody agreement in mediation or in court.  What they don’t always realize is that even after a parenting plan is in place and the divorce is final, they both have to play a role in “raising” the children.  What usually happens is both parents start out with the best intentions to stay involved with every detail of their children’s lives; following the parenting plan to the letter. 

As a Colorado Springs family lawyer, I see a lot of clients rush in to file for divorce, in an attempt to beat their spouse to the punch.  It is surprising how many people believe that the one who files first will be in a better position somehow in the long run.  This is especially common when a marriage breaks up over infidelity. 

If one is the first to file, then other dilemmas could arise; such as the decision about whether they should leave the residence.  Being the first to file often puts pressure on that person to leave the family home, and this may include leaving the children behind.  Some of my clients have asked if leaving the residence means the other party can claim desertion or abandonment. 

Colorado Springs area divorce settlements and their related support orders can affect a lot more than just the present financial status of a family; they can also have a long-term impact on personal income tax liabilities.  Few Colorado Springs couples really consider this when they first consult with an attorney, but there are some very specific questions that must be answered before the final papers are signed.  Remember, tax considerations also play into the determination of who gets the marital home and the investment accounts.  

I often hear similar concerns from people who are seeking a divorce, so I will attempt to answer some of them here.

How do we determine the value of what we own? 

Start by compiling a list of assets and attach a value to them as of the date of separation.  Revalue them again at the date of the trial, and plan on revaluing those several more times during divorce proceedings.  Remember that capital gains tax can erode up to 25% of the value of certain investments.  Any jointly owned businesses will need to be valued both on an historical basis as well as on projected future revenues.

While there are plenty of resources for couples who are looking to adopt an infant, however Colorado Springs families interested in a foster child adoption need very different information.  Because there are usually more complex issues involved with the family of a child in foster care, adopting a foster child can be more complicated and less secure than an adopting a baby.  If you are considering adoption from Colorado’s foster care system, a Colorado Springs family lawyer can help ensure your rights and the rights of your child are protected.

Be Prepared for a Rigorous Process

Once you make a decision to adopt, prepare yourself for a rigorous and lengthy process that can be frustrating and even discouraging.  You will need to participate in a visitation, supervision and home-study process and complete all the necessary paperwork. Plus Colorado Springs residents must have the child’s case worker recommend you as the child’s adoptive parent.

No matter where you live, infidelity is one of the most common reasons for divorce.  In fact, some surveys suggest that up to 68% of all married couples will deal with some form of infidelity during their marriage.  However, when faced with a cheating spouse, most people don’t know how to respond.  As a Colorado Springs divorce attorney, I see many people seek an immediate separation, followed by divorce papers, without giving much thought to reconciliation.

If you are facing the reality of infidelity in your marriage, here is some valuable advice on how to respond:

In Colorado divorce cases, child custody disputes are a common occurrence, but if you are expecting an all-out battle, it helps to know how the courts will try to resolve it.  As a Colorado Springs child custody lawyer, I have seen many couples go through the family court system. 

Continue reading for a brief overview of how you can expect a Colorado Springs judge to decide on your child custody case.

If you keep up with the news, it’s hard not to notice that infidelity has become an epidemic in America.  Tiger Woods may get the most news coverage, but he is just one of many notable figures who have admitted to cheating on their wives.  Senators, Congressmen, and many notable celebrities have been known to break their vows, but that doesn’t necessarily mean they will end up in divorce court.  As a Colorado Springs family lawyer, I have seen many couples separate and then come back together even stronger than ever.  

Even though divorce is final, there are some adjustments that can be made to the court orders that go along with it.  One of these is spousal support, or alimony.  If you are looking to make a change in your alimony or spousal support, certain circumstances must be met, and it is important to know these before moving forward with a petition.  While in Colorado Springs alimony modification is one of the most common petitions filed, the law can be quite complex.  For this reason, it is important to work with a well-qualified Colorado Springs divorce lawyer. 

According to U.S. Census data, the number of minor children being raised by someone other than their parent(s) has dramatically increased over the past 25 years.  Not surprisingly, the majority of these children are being raised by grandparents.  The most recent figures suggest that well over six million children are living in households headed by grandparents or other non-parental relatives, with neither parent present. 

If you find yourself in the position of wanting to legally adopt your grandchild(ren) in the state of Colorado, a Colorado Springs child custody lawyer can help ensure the process goes smoothly. 

With the national unemployment rate at 9.5% and Colorado’s jobless figure just below 8%, the heat is on for parents who are unable to pay their Colorado Springs court-ordered child support.  But what is a custodial parent to do if their ex-spouse has stopped looking for a job?  If your ex isn’t paying child support and claims he or she cannot get a job of any kind, then it may be time to consult with a Colorado Springs child support lawyer. 

Without a trained eye and legal experience, it can be difficult to present a grievance to Colorado family court when a support-obligated parent is unemployed.  However, a local Colorado Springs family law attorney who has experience in child support law is aware of the tactics used by parents who want to avoid paying child support.  No matter what shape the economy is in, some parents deeply resent paying court-ordered support. 

Anyone who knows how long a divorce can drag out in the Colorado family court system will recommend mediation as a way to keep your sanity.  But ultimately it is the state of your relationship during a separation that will determine whether mediation is a good idea.   As a Colorado Springs family lawyer, I’ve seen some “amicably separated” couples become openly hostile when faced with a complicated divorce settlement. 

In a Colorado divorce, parents are charged with the monumental task of dividing the time they spend with their children.  Parenting plans determine where the children will live, how often they will see the non-custodial parent, which holidays will be spent with which family, and much more.  As a Colorado Springs child custody lawyer, I have seen firsthand how contentious these issues can become, even after the documents are signed.  That’s why it is so important to include as much detail as possible in a parenting plan. 

Even when parents get along well, coming up with a comprehensive parenting plan that makes sense for everyone concerned can still be challenging. But when it comes to deciding on their children’s religious upbringing, it can easily turn into a battle.