Category Archives: News

Shared custody increasingly common in Colorado

Many divorced couples want nothing to do with their ex-spouses. When children are involved some parents are willing to “fight dirty” for sole custody in order to cut the other parent out of their and their children’s lives. While the ex-spouse feels it is in their own best interest, it might not be in the child’s best interest.

In cases where there is no evidence of abuse and the parents are …

Is there an advantage to filing for divorce first?

In many citations where divorce is filed, both spouses have likely seen it coming for some time. In these cases, when the couple feels the marriage cannot be saved, it is often more advantageous to file first.

Filing for divorce first gives one spouse a head start on hiring a legal team including professionals such as therapists or financial advisors. Planning ahead also allows one spouse to get there paperwork in …

Native American Adoption Laws Supported By Colorado

In 1978, the Indian Child Welfare Act was passed initially to protect Native American families whose children were removed from the home. Native Americans and others had feared that many times children were being removed too often and without merit. In addition many children were being removed and offered to non-Native American families for adoption therefore the children are being not raised to learn their culture. The law exists to …

Relief for Japanese-American Child Custody

The Hauge Convention on International Child Abduction seeks to stop parents from fleeing to another country with their child when the other parent has legal custody rights. Almost 90 countries have signed treaties to approve the convention and up until recently Japan had held out on signing. In the past, a co-parent that has Japanese citizenship could take their child to Japan and the other parent could do little to get their …

Pet Custody in Colorado

Many pet owners will agree that their pets are as much a part of the family as any human family member. With that being the case, in the event of divorce, spouses may feel they need set up a sort of custody like they would with their children. However the law currently considers pets as possessions and therefore can be given to one party or the other permanently.

If the couple …

The Success of Wage Withholding

In child support situations, some parents refuse to pay or can’t afford to pay or just occasionally miss payments. When this happens, child support can be deducted from the parent’s paycheck. According to the federal Office of Child Support Enforcement, seven out of ten of all child support are collected through wage withholding. This offers the parents the convenience of paying their debt on time and not incurring fees for …

Facebook and Common Law Marriages

The law behind common law marriages was created to protect people who choose to live together but do not choose to legally marry each other. In the case of a break up among people who live together but are not married, if they meet the basic criteria for common law marriage in Colorado, they may legally divorce each other which then allows them to divide up assets, children and such …

Divorce Rate of the Over 50’s Multiplies

While the recent economic recession has lowered the national divorce rate, the divorce rate of people over age 50 has grown significantly. In approximately the last 10 years the number of people who acquired divorces that were over 50 has grown from 10% to 28%. At over 50, the loss of a spouse either by death or divorce can create health and economic issues which can then create a burden …

Colorado to Get New Alimony Laws

Many states across the nation have established laws recently that set out to limit or standardize alimony payments and as of January 2014, Colorado will follow suit with them. The new law will offer a formula to determine the spousal maintenance in a divorce. This new formula will serve as a guide for judges to follow but judges will also weigh such issues as children and property. The length of …

Divorce Backlog in JAG Offices

The Colorado Revised Statutes 14-10-114 has been enacted which basically states that a determination of maintenance will be made in each and every divorce case and the Court will make a Findings concerning the following:

The amount of each party’s gross income;
The marital property apportioned to each party;
The financial resources of each party;
The reasonable financial needs as established during the marriage.

The House Bill is 42 pages in length and signed by the governor …