Divorce and General Family Law Knowledge - Plog & Stein

Understanding the Divorce Discovery Process in Colorado

Plog & Stein P.C. Team — Mon, 21 Apr 2025 07:00:00 GMT

Divorce and Discovery Process in Colorado

Divorce and custody proceedings can be complex and emotionally taxing. One key component of these cases in Colorado is the process of discovery, which helps ensure that both parties have access to the information they need to prepare and make informed decisions. This article provides a comprehensive overview of the discovery process as it applies to family law matters in Denver and throughout Colorado.

Have questions about your divorce or the discovery process? Contact us today to speak to an attorney: (303) 781-0322

Table of Contents

Divorce and Discovery Process in Colorado
What Is Discovery in a Divorce Case?
When Is Discovery Necessary?
Types of Discovery Tools
1. Interrogatories (C.R.C.P. Rule 33)
2. Requests for Production of Documents (C.R.C.P. Rule 34)
Rules and Timing of Discovery
Strategic Considerations for Issuing Discovery
Responding to Discovery
Producing Documents: Expectations and Burdens
Handling Non-Compliance and Disputes
Final Thoughts

What Is Discovery in a Divorce Case?

In Colorado, parties in a divorce or custody matter must exchange regular financial disclosures as required under C.R.C.P. Rule 16.2. These disclosures include a Sworn Financial Statement, tax returns, pay stubs, and bank and credit card statements. However, these documents may not always provide a complete picture of the financial situation.

To address such gaps, the Colorado Rules of Civil Procedure provide tools for additional information gathering, commonly referred to as discovery. This can include:

Interrogatories (written questions)
Requests for Production of Documents
Requests for Admissions
Depositions
Inspections

The discovery phase can make or break your divorce outcome. Let our experienced legal team fight for full transparency—and your fair share. Speak to an Attorney

When Is Discovery Necessary?

Discovery is typically pursued when:

One party is self-employed or owns a business.
One spouse handled the family finances exclusively.
More detailed information is needed about child custody or support issues.
The initial financial disclosures are insufficient.

Though helpful, discovery should be used strategically due to its potential cost and complexity.

Types of Discovery Tools

Interrogatories (C.R.C.P. Rule 33)

These are written questions that must be answered within 35 days.
Pattern interrogatories include 13 standardized questions related to financial and custody matters.
Non-pattern interrogatories allow each party to ask up to 10 additional, relevant questions.

Requests for Production of Documents (C.R.C.P. Rule 34)

These are formal requests for documents such as bank statements, credit card records, or financial agreements.
Similar to interrogatories, there are both pattern and non-pattern requests.
Responses are due within 35 days of receipt.

Rules and Timing of Discovery

Discovery cannot be issued before the Initial Status Conference.
Discovery related to a final hearing must be issued at least 63 days in advance.
For interim hearings, discovery can be issued closer to the hearing date, but courts expect adherence to proper timelines.

Some counties may impose additional requirements via case management orders, including seeking court permission before issuing discovery.

Strategic Considerations for Issuing Discovery

Be specific and efficient in crafting non-pattern requests.
Avoid vague or harassing questions—these can be objected to and may harm your credibility.
Sub-questions count toward the 10-question limit, so be judicious in wording.

Responding to Discovery

Parties must respond truthfully and within the 35-day timeframe.
Extensions can be requested from the opposing party or the court.
Responses should be formatted to correlate directly with the questions or requests received.

For interrogatories:

Keep answers concise, accurate, and relevant.
It’s acceptable to answer “I don’t know” if applicable.
Draft answers should be reviewed by your attorney before submission.

Producing Documents: Expectations and Burdens

Document production can be labor-intensive. Here’s what to keep in mind:

Provide all documents in your possession that are requested.
Obtain and provide documents that are easily accessible online (e.g., bank records).
If costly, you may pass that cost on to the requesting party.
Sign a release if obtaining the documents is burdensome.
You are not required to gather joint account records not in your possession.

While documents can technically be made available for inspection at an attorney’s office, this is uncommon due to practical and financial considerations.

Handling Non-Compliance and Disputes

If a party fails to respond to discovery:

A Motion to Compel under C.R.C.P. Rule 37 can be filed.
The court may issue an order requiring compliance and may award attorney fees.
In extreme cases, the court can impose sanctions, including barring the non-compliant party from presenting certain evidence.

Before filing a motion, parties are required to make a good faith effort to resolve the issue without court intervention.

Final Thoughts

The discovery process is a powerful component of divorce and custody cases. When used thoughtfully, it helps uncover key financial and custodial facts. However, it also adds layers of complexity and cost. Each case is unique, and working closely with your Denver divorce attorney will ensure that discovery is used effectively and in accordance with all applicable rules.

When Is the Right Time to File for a Divorce in Colorado?

Plog & Stein P.C. Team — Mon, 29 Apr 2024 07:00:00 GMT

When to File for a Divorce

Deciding to file for divorce is never easy. It’s a big step that affects your life, your family, and your future. Many factors can influence your decision, from personal reasons to legal considerations. This article will help you understand when to file for divorce and guide you through various situations you might face.

If you’re unsure about the best course of action or need legal guidance, Plog & Stein P.C. is here to help. Our experienced attorneys can provide the support and advice you need. Call us today or contact us online and take the first step toward a better future.

Table of Contents

When to File for a Divorce
When Is It Time to File for Divorce in Colorado?
Trust Plog & Stein P.C. for Your Family Law Needs

When Is It Time to File for Divorce in Colorado?

Knowing when to file for divorce can be confusing, and sometimes is a decision that takes a while to realize fully. Many people struggle back and forth with their emotions and question “how to know when to file for divorce?” before making a decision. This is one reason we’ve put together a thorough list of common situations that can help you decide whether to file for divorce now or wait.

File Now

Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.

My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.

Taking swift action in these scenarios can protect your safety, rights, and financial well-being.

Wait

Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:

My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.

In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.

When Should I File for Divorce? Personal Considerations

Besides the specific situations mentioned, personal feelings and mental health are also important. If you are unhappy, stressed, or feeling unsafe, these can be signs that it’s time to file for divorce.

When Can I File for Divorce in Colorado? Legal Considerations

If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:

Residency Requirements

To file for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days before filing. This residency requirement ensures that the Colorado courts have jurisdiction over your case.

Grounds for Divorce

Colorado is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to file for divorce. The only ground for divorce is the irretrievable breakdown of the marriage. This means that the marriage is no longer workable, and there is no chance for reconciliation.

Hiring an Attorney

Obtaining legal counsel can help you understand your rights and navigate the divorce process. Specifically, an attorney can assist with the filing process, including the petition for dissolution of marriage, serving the petition, and the waiting period.

Trust Plog & Stein P.C. for Your Family Law Needs

Answering the question, When is it the best time to file for divorce?, is a complex, personal and emotional decision. It involves considering your happiness, safety, financial stability, and children’s well-being. By understanding these different scenarios and the implications of each, and seeking legal advice, you can make an informed choice. Remember, filing for divorce is oftentimes a step toward a better future.

Plog & Stein P.C. has been exclusively focused on family law since 2001. We are committed to providing insightful and personalized representation in family law matters. As a full-service law firm dedicated to achieving the best possible outcome for each and every client we represent, we are proud to have earned an “Excellent” featured family law rating on Avvo and a 10.0 lawyer rating on Justia. If you are in a situation where filing is necessary, Plog & Stein P.C. can provide the guidance and support you need to navigate this difficult time. Contact us today.

When is The Right Time to File for a Divorce in Colorado?-imported-4

Plog & Stein P.C. Team — Mon, 29 Apr 2024 07:00:00 GMT

When to File for a Divorce

Table of Contents

When to File for a Divorce
When Is It Time to File for Divorce in Colorado?
Trust Plog & Stein P.C. for Your Family Law Needs

When Is It Time to File for Divorce in Colorado?

File Now

Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.

My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.

Taking swift action in these scenarios can protect your safety, rights, and financial well-being.

Wait

Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:

My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.

In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.

When Should I File for Divorce? Personal Considerations

When Can I File for Divorce in Colorado? Legal Considerations

If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:

Residency Requirements

Grounds for Divorce

Hiring an Attorney

Trust Plog & Stein P.C. for Your Family Law Needs

When is The Right Time to File for a Divorce in Colorado?-imported-3

Plog & Stein P.C. Team — Mon, 29 Apr 2024 07:00:00 GMT

When to File for a Divorce

Table of Contents

When to File for a Divorce
When Is It Time to File for Divorce in Colorado?
Trust Plog & Stein P.C. for Your Family Law Needs

When Is It Time to File for Divorce in Colorado?

File Now

Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.

My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.

Taking swift action in these scenarios can protect your safety, rights, and financial well-being.

Wait

Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:

My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.

In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.

When Should I File for Divorce? Personal Considerations

When Can I File for Divorce in Colorado? Legal Considerations

If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:

Residency Requirements

Grounds for Divorce

Hiring an Attorney

Trust Plog & Stein P.C. for Your Family Law Needs

When is The Right Time to File for a Divorce in Colorado?-imported-2

Plog & Stein P.C. Team — Mon, 29 Apr 2024 07:00:00 GMT

When to File for a Divorce

Table of Contents

When to File for a Divorce
When Is It Time to File for Divorce in Colorado?
Trust Plog & Stein P.C. for Your Family Law Needs

When Is It Time to File for Divorce in Colorado?

File Now

Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.

My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.

Taking swift action in these scenarios can protect your safety, rights, and financial well-being.

Wait

Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:

My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.

In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.

When Should I File for Divorce? Personal Considerations

When Can I File for Divorce in Colorado? Legal Considerations

If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:

Residency Requirements

Grounds for Divorce

Hiring an Attorney

Trust Plog & Stein P.C. for Your Family Law Needs

When is The Right Time to File for a Divorce in Colorado?-imported-1

Plog & Stein P.C. Team — Mon, 29 Apr 2024 07:00:00 GMT

When to File for a Divorce

Table of Contents

When to File for a Divorce
When Is It Time to File for Divorce in Colorado?
Trust Plog & Stein P.C. for Your Family Law Needs

When Is It Time to File for Divorce in Colorado?

File Now

Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.

My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.

Taking swift action in these scenarios can protect your safety, rights, and financial well-being.

Wait

Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:

My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.

In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.

When Should I File for Divorce? Personal Considerations

When Can I File for Divorce in Colorado? Legal Considerations

If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:

Residency Requirements

Grounds for Divorce

Hiring an Attorney

Trust Plog & Stein P.C. for Your Family Law Needs

What Are the Impacts of Divorce on Retirement Accounts?

Plog & Stein P.C. Team — Fri, 07 Oct 2022 12:57:43 GMT

Divorce can be emotionally and financially complicated. If you are considering a divorce or are going through one, you may be wondering which of your assets are subject to division. One important issue you may be especially concerned about is the impact of divorce on your retirement accounts. These accounts are ones that are built up over the length of your career and provide the opportunity to live comfortably upon retirement. For many couples, these accounts can make up a significant portion of their net worth.

If you are concerned about your financial well-being due to divorce, you should know there are strategies that can help you protect your assets, including your retirement accounts. At Plog & Stein, P.C., we understand the complexities of divorce and can help you through the legal process. In addition, our attorneys can help you protect your future with the zealous representation we provide to all our clients.

Below, this post will discuss some foundational aspects of divorce and retirement accounts so that you can be more fully informed when initiating your divorce proceedings.

What Are Retirement Accounts?

Retirement accounts are a form of investment accounts that are established with financial institutions. Generally, they promote savings for retirement through tax advantages. There are many of different types of retirement accounts, but some of the most common include the following.

401(k) Accounts

401(k)s are typically offered by an employer as an employee benefit. In general, you do not have to pay income tax on the amount you contribute to your 401(k) each year. In some instances, an employer may match your yearly contributions to your 401(k) account.

Traditional IRA Accounts

IRA accounts, otherwise known as individual retirement accounts, are savings accounts that can grow on a tax-free or tax-deferred basis (depending on where you open your account). Almost anyone with taxable income can open a traditional IRA, and they are a popular method of retirement planning.

Roth IRA Accounts

Roth IRA accounts are a little different from traditional IRA accounts. In a traditional IRA account, you pay the tax when you take the money out of the account. On the other hand, in a Roth IRA, you pay tax when you put the money into the account. So when you have a Roth IRA, you can withdraw the money tax-free upon retirement.

Pension Plans

Pension plans are a type of defined-benefit plan. They are usually provided by an employer and they provide a defined payment amount upon retirement. Pension plans are becoming less popular in the United States, but they are still commonly seen as a form of retirement asset.

Colorado Property Division Laws

Colorado is considered an “equitable division” state. This means that it is in the judge’s discretion of how to divide the spouses’ property upon divorce in an equitable (though not necessarily equal) manner.

When a judge considers how property will be divided, they will take into account what is “separate property” and what is “marital property.” Marital property is property that is acquired by either spouse after the marriage. Marital property includes all property acquired during the marriage except:

Property acquired by gift, bequest, or devise;
Property acquired in exchange for property acquired before the marriage;
Property acquired by a spouse after a legal decree of separation; and
Property excluded by valid agreement of the parties.

In Colorado, marital property is subject to equitable division, while separate property is not. Separate property includes homes, businesses, cars, and other assets that were acquired before the marriage, as well as those items listed above.

When dividing marital property, a judge will not take into consideration the fault or misconduct of either spouse. Instead, a judge will divide the property based on principles of fairness, taking into account:

The contribution of each spouse to the marital property;
The contribution of either spouse as a homemaker;
The economic circumstances of each spouse at the time of the divorce;
Any increases or decreases in value of separate property; and
Any depletion of separate property for marital purposes.

These are just a few of the factors that the judge can take into consideration when dividing marital property.

How Are Retirement Accounts Divided in a Divorce?

Unless there is a valid prenuptial agreement stating otherwise, retirement accounts will generally be considered marital property. Therefore, retirement accounts are subject to equitable division in Colorado. The only exception to this rule applies to money that was deposited into the retirement account before the marriage.

Upon divorce, a settlement agreement should outline exactly how the assets will be split between the spouses, including any retirement accounts that grew throughout the marriage. Or, if the parties cannot agree, a judge will decide how to divide the accounts.

How Can I Protect My Retirement Accounts During a Divorce?

The United States has some of the highest divorce rates in the world. And unfortunately, divorce is an unavoidable option for many couples in Colorado. To protect your retirement assets during a divorce, you should try to plan ahead of time and ensure you have an experienced divorce attorney on your side.

Think Ahead

Planning for a divorce before the marriage has ended can be an uncomfortable process for couples. However, it is best practice to have a sit-down conversation with your spouse about your assets and how they will be divided upon divorce. If you can come to a consensus, a pre- or post-nuptial arrangement will be the best way to save time and money in the event of a divorce. Further, it can provide both you and your spouse some much-needed security throughout the process.

Hire an Experienced Divorce Lawyer

The right divorce lawyer has the tools and experience needed to make sure you are in the best position possible, both during and after your divorce. The division of assets can get very complex, especially the division of retirement accounts. A divorce lawyer can guide you through the process and help simplify the legal nuances for you. They can help you craft creative solutions to help you protect your assets and keep your retirement accounts intact where possible.

How Can Plog & Stein, P.C., Help?

At Plog & Stein, P.C., we have a team of knowledgeable divorce attorneys at the ready. We have been serving the Denver community for over 20 years. As seasoned negotiators and litigators, we strive to reach the best outcome possible for each of our clients. If you would like to contact our legal team, you can reach out to us
online or by phone at (303) 781-0322.

How Can You Keep Premarital Assets Separate?

Plog & Stein P.C. Team — Wed, 28 Sep 2022 13:23:14 GMT

Divorce can be emotionally and financially devastating. While the pain of a divorce is generally unavoidable, there are measures you can take to soften the blow of a dissolution and protect yourself during divorce proceedings.

You may have heard that the assets you acquired prior to marriage are separate and not subject to division by the divorce court—this is true, but depending on the way you treat your separate property during the marriage, it can quickly become a marital asset to which your soon-to-be ex-spouse has legal rights.

In this article, we explore steps you can take to keep premarital assets separate and shielded from division if you choose to divorce.

If you are thinking about divorce or you have just received divorce papers from your spouse, The Denver divorce attorneys Plog & Stein P.C. can help ensure that the road ahead of you is as stress-free as possible. Our award-winning, experienced divorce attorneys are dedicated to assisting individuals to achieve the best family law outcomes for their circumstances and needs.

Table of Contents

What Happens with Premarital Assets at Divorce Proceedings?
How to Protect Your Premarital Assets in Colorado
Get Advice on Keeping Premarital Assets Separate in Colorado – Speak with an Attorney Today

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What Happens with Premarital Assets at Divorce Proceedings?

When a couple decides to end their marriage, the court must divide their assets. Colorado’s family law court does not just divide all assets in half, but instead, the court divides assets equitably.

Equitable division means a fair division of assets based on many factors, including each spouse’s resources, circumstances, and needs.

And when the court allocates a divorcing couple’s finances, the court divides only the marital property.

Colorado Divorce Courts Do Not Divide Separate Property

In a dissolution of marriage, each spouse can keep the entirety of their separate property. There are many categories of separate property under Colorado family law, and premarital assets are considered separate property.

Some Actions Can Convert Separate Property into Marital Property

The assets you acquire prior to getting married are generally safe from division in a divorce proceeding, but if you engage in certain behaviors or if certain events occur during your marriage, your separate property can become marital property.

The following are the three main ways separate property can convert to marital property:

If the separate property increases in value during the marriage;
If the separate property is given as a gift to the other spouse; and
If the spouses commingle their separate and marital property.

If some of those things have happened during the course of your marriage, property division during your divorce can become a far more complex process. Below, we discuss ways to avoid or diminish the partitioning of your premarital assets in a divorce.

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How to Protect Your Premarital Assets in Colorado

There are steps you can take before your marriage, during your marriage, and before divorce proceedings to decrease or eliminate the likelihood of the court dividing your premarital assets. Taking some of these actions while you are engaged or married can be uncomfortable to discuss because they involve sensitive issues, but they are essential actions to take.

Enter a Prenuptial or Separation Agreement

If they are fair, the divorce court has to comply with any property division terms you and your spouse include in a prenuptial or separation agreement.

Whatever property you classify as separate in an enforceable contract with your spouse generally remains separate and not subject to allocation in a divorce. And the best way to make sure your separation or prenuptial agreement is enforceable is to hire an attorney to negotiate and draft the document.

Do Not Put Your Spouse’s Name on the Title of Any Premarital Property

If you give a gift to your spouse, that gift is considered marital property. One way many individuals give gifts to their spouses is by putting a spouse’s name on deeds, titles, and accounts. Including your spouse’s name on the title of your premarital property signals to the court that the property is not marital property.

In some cases, you can argue to the court that the property should remain separate, but you must prove your argument with clear and convincing evidence, which is a very high burden of proof.

Do Not Mix Marital Assets with Premarital Assets

For several reasons, mixing (or commingling) your premarital property with your spouse’s property can affect the number of assets you get to keep in a divorce. If you want to keep your premarital property separate, you should consider the following:

Commingling your assets could cause your separate property to increase in value, converting some of it into marital property;
Allowing your spouse to make contributions to the upkeep of your premarital property might make a divorce court presume that the property is a gift to your spouse that should be treated as marital property; and
Commingling your property with your spouse’s property can make it incredibly difficult to determine which assets belong to whom during dissolution proceedings.

To separate commingled property, you might have to hire a forensic accountant, which can be an expensive and complex undertaking.

Hire an Experienced Family Law Attorney

If you have concerns about keeping your premarital property separate, speak to a knowledgeable divorce attorney immediately. At whatever stage you are in the divorce process (or premarital process), your attorney can put safeguards in place for your assets and negotiate enforceable settlements that allow you to keep as much property as possible.

While nobody likes to think about divorce when they are in the throes of love and preparing for a wedding, it’s still prudent to have an honest and open conversation about the issues.

Being realistic at the beginning of your relationship can save a lot of heartaches and expenses down the line. The divorce process can become less difficult and more predictable with a skillful attorney by your side.

Get Advice on Keeping Premarital Assets Separate in Colorado – Speak with an Attorney Today

Inviting the court to make decisions about your personal life and family is a sensitive process. Divorce proceedings should be handled with skill, diligence, and care. At Plog & Stein, we have the knowledge, dedication, and empathy to help you make the best out of difficult times.

Plog & Stein has been dedicated to providing top-notch family law advice to the Denver community since 1999. We are an award-winning family law firm, and our attorneys have over 50 years of combined experience.

We collaborate with our clients to ensure that we meet their specific needs during family law proceedings and that they feel cared for and heard. If you need help, please call us at (303) 781-0322 or contact us online.

Divorce and Subpoenaing Your Spouse’s Bank Records

Plog & Stein P.C. Team — Fri, 14 Sep 2018 00:00:00 GMT

During a divorce proceeding, or in a post-decree modification proceeding, issues related to a spouse’s income or assets are often disputed, especially when one spouse suspects the other spouse is hiding income or assets from them.

Financial Record Disclosures

Typically, bank records and income information is disclosed through the mandatory financial disclosure process of Colorado Rule of Civil Procedure 16.2, or (if you have need to review many months worth of financial documents) through the process of discovery as outlined in Colorado Rules of Civil Procedure 33 and 34. These rules of civil procedure, however, operate on the premise that the spouse will abide by their duty to disclose requested or required information. Some spouses, whether through dishonesty, indifference, or neglect, do not abide by their duty to disclose (or fully disclose) their information as required under these rules.

The spouse who does not disclose information as required is vulnerable to significant sanctions, and these sanctions often are sufficient to protect the spouse seeking this information. However, if production of documents remains necessary, a party’s right to subpoena documents exists under a different, C.R.C.P. Rule 45.

Requesting Records

Rule 45 allows one spouse to request records from outside, non-party persons or entities, such as banks or employers. There are limits to subpoena power, however, and a party cannot use subpoenas as a substitute for the disclosure and discovery rules outlined above. Further, the subpoena rules are very strict to prevent the subpoenaing spouse from abusing the power of subpoena.

A Colorado Supreme Court case, In re: Marriage of Wiggins, is a case in which the Colorado Supreme Court strongly protected a party from the misuse of subpoena power by her ex-husband and his attorney. Wiggins was a post-decree child support modification case. Shortly before trial, ex-husband and his attorney subpoenaed the employee file of the ex-wife at her prior place of employment in order to obtain income information.

When the subpoena was served on the employer, the ex-wife had no notice of the subpoena being issued or of it being served on the former employer. Moreover, the former employer called the ex-husband’s attorney, indicated there might be a problem with appearing in court with the ex-wife’s employment file as directed to do in the subpoena, whereupon the attorney suggested that the former employer just scan and e-mail the file instead. The former employer complied with the attorney’s direction, and sent the entire employee file to ex-husband’s attorney.

Only after the ex-wife’s employee file was produced did ex-husband’s attorney notify ex-wife’s attorney. Ex-wife’s attorney immediately raised objections and requested sanctions against ex-husband’s attorney. When the trial court denied ex-wife’s objections, she used a rare procedure to request a pre-trial appeal, and as an indication of how seriously the Colorado Supreme Court considered the issue of abusing subpoena power, the Supreme Court accepted the appeal.

Among the concerns the Supreme Court had with the use of the subpoena in this case is that ex-wife was never provided an opportunity to object to the subpoena before the records were produced. The employee file contained confidential information, including bank account and routing numbers and performance evaluations all provided to ex-husband unredacted, and it was obtained without ex-husband first seeking relevant information via the use of the discovery rules outlined above. Ultimately, the Supreme Court found that the subpoena process had been abused, that ex-husband and his attorney had to destroy all existing copies of the records obtained, and directed the trial court to consider whether sanctions against ex-husband’s attorney was appropriate.

Protections with Subpoenas

Since the Supreme Court decided Wiggins, C.R.C.P. Rule 45 has been revised, but many of the protections from abuse that the Wiggins court highlighted have been maintained and clarified.

For one, Rule 45 requires that once a subpoena for records has been served on the non-party, that the other party be immediately notified of the issuance and service of the subpoena. Furthermore, the non-party served the subpoena is directed to not produce the records sooner than 14 days from service of the subpoena to give the other party an opportunity to bring objections to the court.

If there is an objection to the subpoena, the issuing party has to demonstrate good cause for why the subpoena had been issued rather than resort to the discovery rules, especially if the subpoena requests confidential or sensitive information.

If you are involved in a case where the production of documents is contested, and the use of subpoenas has occurred or is considered, contacting a family law attorney in Denver to understand your rights, options, and duties is advised. Contact us online or call our office to schedule a consultation

Pros and Cons of Recording Conversations with Your Spouse as Evidence in Your Divorce

Plog & Stein P.C. Team — Tue, 06 Feb 2018 00:00:00 GMT

By: Curtis Wiberg

With the ease of technology making the prospect of recording phone and in-person conversations with a soon to be ex-spouse so much easier, more and more clients are presenting me with recorded conversations (whether audio or video) with their spouse for potential use as evidence in their divorce cases. A whole host of issues arise whenever this occurs.

The foremost consideration is ensuring that the recording was made legally. Colorado is one of the many states that allows for “one party consent” as an exception wiretapping criminal laws. C.R.S. § 18-9-303. What this means is that if there is one party to a conversation that consents to the recording of the conversation, then that is generally legal in Colorado. So, if you, as a party to a conversation, consent to the recording of the conversation, even if the other party is unaware that the conversation is being recorded, that is not illegal in Colorado.

Some other states, however, require “two party consent” where both parties have to consent to the recording of a conversation. So, if your spouse happens to be talking to you from a different state, recording the conversation may be a crime. Furthermore, recording a conversation between your child and the other spouse when neither is aware they are being recorded is likely illegal.

Even if recording conversations is legal in a particular instance, it may still not be a good idea. For instance, in a parenting dispute, courts are looking for parents who will support a child’s relationship with the other parent, and a parent who can get along with the other parent for the sake of a child. See, C.R.S. § 14-10-124 (1.5)(a). If a party is surreptitiously recording conversations to entrap or sting the other parent in a contrived “Gotcha” moment, then a court may very well look at a recording or batch of recordings as proof against the party making the recordings as a parent who is not acting in the best interests of their children. So, too, with a party who ambushes the other party while making a cell phone video to try to embarrass or humiliate them. Moreover, making records to bolster your custody case with the child knowing the recording is occurring can potentially backfire. Courts don’t want children involved or anything done which may make a child view the other parent in a negative fashion.

Nonetheless, there have been cases, in my experience, in which having the recording has come in handy. On occasions, I’ve had opposing parties lie on the witness stand, only for me to be able to then present a recording that exposes the lie to the court. I have also seen recordings being helpful where one party fears being accused of domestic violence and they want to record themselves leaving a situation or location peacefully. Likewise, recordings of parenting time exchanges have been helpful in cases in which there have been accusations of improper conduct during such exchanges. I once had a case, long ago, where a party was recorded purposefully injuring himself before calling the police to make a false allegation of assault. In the courtroom anecdotes discussed above, where a party was caught in a lie, the only reason the recordings were made in the first instance was when the other party made dishonest accusations against my clients, and my clients had little other recourse to protect themselves.

Even with these anecdotes, however, the “need” to video or audio record my be proof, in itself, of a high conflict divorce where a judge is as likely to form a negative opinion of both the recording and the recorded party. As a general matter, audio or video recording a spouse during an ongoing divorce is something I discourage absent a compelling reason. I do so because of the legal risks and strategic downsides that are involved. The act of recording conversations with the other party’s knowledge can escalate a conflict, when de-escalating a high conflict divorce and working with the other party to find solutions is oftentimes a much more preferable (and cheaper) course for spouses in a divorce.

It should be noted that each case is different and that what might be a good idea in one instance might not be in another. If you’re involved in a divorce and you think recording your spouse is something that you need to do to help your case or protect yourself, it is very important to consult with a Denver family law attorney to go over the pros and cons of doing so.

Understanding Basic Divorce Terminology

Plog & Stein P.C. Team — Sat, 04 Nov 2017 07:00:00 GMT

By: Stephen J. Plog

As a Denver divorce lawyer, I regularly meet with people in need of help with their family law cases. With each meeting, I have to be conscious of each person’s level of awareness when discussing the legal aspects of their case. After almost twenty years of practicing family law, it’s easy to forget that to the person going through their first introduction to the world of divorce, the common phrases that attorneys use may sound like complete gibberish unless explained. The soup of divorce related terms which might cause confusion for the person going through divorce for the first time is no more intelligible than if I were talking to a computer technician or mechanic about the specific parts of a computer’s CPU or the specifics of how a to rebuild a car engine. Below I will list some of the common terms one might hear when going through a divorce, with the intent of educating so as to help readers make sense of some of the words they might hear, yet not fully understand.

Petition: A petition is the initial document filed in a divorce case. It lets the court know a brand new case is being started. For divorce, the petition is called a “petition for dissolution of marriage.” In a custody case it would be called a “petition for allocation of parental responsibilities.” Petitions must be personally served upon the other party, along with a “summons.” Once petition and summons are personally served, the court has jurisdiction over the second party to the case.

Decree: The decree is the document ultimately signed off on by the court indicating the the two spouses are officially divorced. For divorce, the decree would be called a “decree of dissolution of marriage.” A decree can also be entered in a legal separation case and would be a “decree of legal separation.” People often mistakenly call their final, substantive divorce orders or final agreement their “decree.” The decree will generally set forth that the parties are divorced, that they should follow the terms of their final orders, which are incorporated into the decree, and will also contain any name change information should the wife seek to have her maiden name destroyed. The decree does not set forth the substantive terms the parties are to follow tied into property, support, or child custody.

Motion: A motion is a document filed with the court which makes a specific request of the court. Motions may be filed while a divorce case is pending, such as a motion for temporary orders. Motions can also be filed after a divorce is done, within the same case. For example, one might wish to modify child support and would file a “motion to modify child support.” Motions need to be mailed or otherwise transmitted to the other party, but do not generally need to be personally served, as the court already has, or maintains, jurisdiction over the other party by virtue of them having been served with the petition. If the other party wishes to contest a motion, he or she must file a written response, generally within 21 days of the motion being sent out.

Legal Separation: Legal separation is a process similar to divorce except that at the end of the process comes a “decree of legal separation.” With legal separation, the parties remain married, but are otherwise legally viewed as being separate as relates to finances and sometimes child custody matters. People often think they are legally separated merely by virtue of having split up, or perhaps because they are separated and a divorce has been filed. Unless a decree has entered, they are may be physically separated, but are not legally separated.

Financial Disclosures: This term refers to various financial documents which must either be drafted or exchanged as part of a divorce case (also child custody cases when support or finances are at issue). Financial disclosures are made pursuant to Colorado Rules of Civil Procedure Rule 16.2. Financial disclosures are mandatory in a divorce case and include the filing of a sworn financial statement, a certificate indicating specific documents you have provided the other party, and the documents you have provided the other party, such as pay stubs, income tax returns, and account statements. These documents are generally due within 42 days of a case being filed, or service. Financial disclosures are necessary for purposes of ascertaining both the specifics of the marital estate and income and expenses, for support purposes. They are also necessary when motions to modify child support or alimony are filed.

Discovery: The term “discovery” is different from financial disclosures and can relate to both financial and non-financial matters. Conceptually, discovery generally entails one party requesting more information from the other than has been provided in the initial financial disclosures. Discovery can come in the form of interrogatories, which are questions asked of the other party tied into children or finances. Discovery can also come in the form of requests for production of documents. Unlike the financial disclosures, which basically provide a current snapshot of financial data for each party, discovery may include much more extensive requests, such as multiple years of bank or credit card statements. If properly served with discovery, the general rule is that responses, including documents, are due within 35 days of discovery being issued. Issuing discovery is not mandatory and many cases do not necessitate information beyond that which the financial disclosures provide. Discovery can be issued either as part of an initial divorce or child custody case, or in post decree matters, such as a motion to modify.

Contested vs. Uncontested Divorce: A contested divorce does not mean that one party disagrees with a divorce happening. If one spouse wants to be divorced it will happen. Rather, contested divorce means that there are issues over which the parties are arguing. When divorces are contested the end result will be a court hearing, which means that the judge will ultimately make the final decision as to how the contested issues are resolved. In some cases, the parties might agree on some issues, such as division of marital property or spousal support, but might disagree on child custody. Unless all issues are agreed upon, thereby rendering the case “uncontested,” the case is contested.

Temporary Orders Hearing: A temporary orders hearing is a hearing authorized pursuant to C.R.S. 14-10-108, which allows the court in a divorce or child custody case to enter orders to be followed during the duration of the case. Issues might include temporary maintenance or child support, temporary parenting time, or temporary use of marital property. In some counties, a magistrate might conduct the temporary orders hearing, while a judge will deal with the final divorce issues. Final division of property is not dealt with at a temporary orders hearing. Temporary orders are intended to be nonprejudicial to either party, meaning they should have no bearing on what the ultimate divorce orders will be. At this hearing you can expect to be required to testify and present evidence.

Permanent Orders Hearing: A permanent orders hearing is the final contested hearing one might face in a divorce if all issues are not agreed to. Permanent orders are to be heard by judges only, not magistrates, unless the parties consent to a magistrate resolving permanent issues. Generally, courts will also enter the decree of dissolution of marriage at, or just after, the permanent orders hearing. The permanent orders entered are the final orders in your divorce case, though some permanent orders can be modified, such as those related to custody, visitation, or support and are, thus, not truly “permanent.” If a party disagrees with the court’s conclusions or orders at the permanent orders hearing, they have certain post-hearing or appeal options available to them. At this hearing you can expect to be required to testify and present evidence.

Separation Agreement: A separation agreement, entered into pursuant to C.R.S. 14-10-112, is the final, multi-page document setting forth the specific terms the parties have agreed to tied into all divorce related issues. People often get confused with the term “separation,” believing that the term only applies to a legal separation, not a divorce. Separation agreements as to property and debt division are generally viewed as binding contracts and are generally not modifiable as to those terms. Separation agreements are very detailed and often include both child related and financial provisions. Separation agreements become orders of the court by virtue of being incorporated into the decree for dissolution of marriage.

Mediation: Mediation is a process designed to promote settlement and is required in most Denver area divorce or custody cases. Mediation is conducted by a mediator, who is a neutral person with the sole function of trying to help people settle their issues. Contrary to somewhat popular belief, mediators do not make decisions, nor report anything to the court beyond the fact that the parties mediated. Also contrary to popular belief, mediation is not an alternative to the filing of a court case for parties to get divorced. If the parties do reach agreements at mediation, those agreements are reduced to writing and submitted to the court to become court orders. If parties settle a case prior to mediation they are not required to mediate.

These are just some of the basic terms you might hear in your divorce or other family law case. I could write dozens more, and just may do so down the road. Most of the forms mentioned in this post can be found on the State Court website. Attorneys generally use their own, more detailed forms. Though these terms are somewhat basic, you are now armed with a little more knowledge and terminology to help you as you go through your case. Even understanding these most basic of terms can help you have a grasp on what is going on and how to deal with it.

Military Service and Your Family Law Case (part 1)

Plog & Stein P.C. Team — Fri, 23 Dec 2016 00:00:00 GMT

By: Jessica A. Bryant

Serving in the military can have unique impacts on your Colorado custody or divorce proceeding ranging from questions as to the proper state in which to file, special protections for service members, and questions regarding retirement account division. The first part of this article will address the impact military service has on the state of filing and the protections afforded to military service members. The second part will focus on financial issues that are unique to military service and the effect deployment can have on parenting time.

Before a case is even started, serving in the military can cause unique questions in terms of where to file your family law case. If you are seeking a divorce, you must be “domiciled” in Colorado for more than 90 days before you can file. Domicile basically means that Colorado must have been your state of permanent residence for at least 91 days before you can seek a divorce in Denver, Colorado. However, being stationed in Colorado is not sufficient to make it your state of permanent residence. One question is which state was designated on your State of Legal Residence Certificate. Other facts the Court can look to in order to overcome such designation include: the state in which the military member is registered to vote, has a driver’s license, filed taxes, intends to remain long-term, and/or registered his or her vehicle. However, vehicle registration alone may not be sufficient to show permanent residency as some military members register a vehicle in Colorado but complete an Affidavit of Nonresidence for tax purposes. Thus, before filing a divorce case in Colorado, you need to comprehensively look at the facts and ensure there is sufficient evidence of permanent residency for at least 90 days. Even if Colorado is not the state of permanent residence (for example, the military member is stationed here but intends to return to another state after such is complete) as long as the children have been in Colorado for at least 6 months, Colorado will be the state in which custody has to be determined. Therefore, it is possible that Colorado will be determining the custody issues while another state determines spousal support, allocation of property and debts, and grants the dissolution.

Another issue unique to family law cases in which at least one party is a member of the military is the special protections afforded military members under the Servicemembers Civil Relief Act. Two protections relevant to family law proceedings are protection from default and the ability to stay a proceeding. When a party is properly served, and simply does not participate in his or her family law matter, the Court can enter default orders (basically entering orders without that party’s participation). However, if the Court determines that the non-participating party is in military service, the Court cannot enter a default judgment until an attorney is appointed for such party. Another protection is that, if a party is in military service or within 90 days of release or termination from such service and has received notice of the proceeding, that party can request that the case be stayed. To request such stay, the party must provide a letter or communication stating why his or her military duty requirements materially affect that party’s ability to appear and a date on which the military member can appear, along with a communication from the party’s commanding officer stating that the party’s military duty prevents his or her appearance and that military leave is not authorized. The definition of military service is very specific and depends on which branch of the military the party is in.

For more information regarding military service and your family law case, contact an experienced family law attorney.

You Will Be Held to the Same Standard as an Attorney When Representing Yourself in a Divorce

Plog & Stein P.C. Team — Sun, 12 Jun 2016 07:00:00 GMT

By: Sarah McCain

In this day and age of on-line, check-the-box divorce forms, the general public is often left with the impression that handling a Colorado divorce case on their own is an easy process. Sometimes it can be, such as when the parties agree on each and every issue (though I recommend always consulting with an attorney to make sure the i’s are dotted and the tee’s are crossed). However, there are also instances in which people choose to represent themselves in contested Colorado divorce cases. In these instances, people often go into the courtroom believing that somehow the court is going to guide them through the process or that they will be given certain breaks or concessions because they don’t have an attorney. This is just not true. I have had many cases in which the other party chooses to go to trial without a lawyer. They are generally shocked to learn that the judge will hold them to the same standard as an attorney regarding procedure and rules of evidence.

When you file a divorce or custody case, or a modification, with the court, the paperwork that you receive from the Court (generally a Case Management Order) will often set forth deadlines and standards of practice. A party without an attorney may wonder what this means for him or her and may fail to grasp all of the deadlines that exist. Unfortunately, there is not an easy-to-read manual which lays out everything that needs to be done, and when. The Court does its best at advising parties to the extent allowed. However, in complicated financial or parenting time matters, the basic information given by the court may not be enough to formulate an understanding of what really is required or needed to effectively litigate.

Generally, at some point early in the process, the court will state that a party without an attorney will be held to the same standard as an attorney. Likewise, the case management order will often also contain this warning. The court does not give exceptions simply because you do not have attorney. Parties without a Colorado divorce attorney need to make sure that they are well aware of the deadlines that exist. For example, if you want to have any witnesses testify on your behalf you need to make sure that you declare these witnesses, in writing, in advance, and pursuant to the Colorado Rules of Civil Procedure, particularly if this witness is considered an expert. Unless you declare these witnesses properly, you will likely be precluded from having that witness you brought to court from ever making it to the witness stand. The same can be said for responding to petitions or motions, issuing a subpoena, and participating in other aspects of trial preparation. The mandatory deadlines need to be known and followed. If you are unsure of procedures and deadlines you face, it’s important to meet with an attorney to discuss the issues in your case and how best to prepare for your hearing. With so much on the line, whether related to your kids or a significant financial issue, it’s vital to understand that one wrong move, or blown deadline, can make or break your case. Failure to follow rules can lead to an inability to present your case as needed, meaning a judge may refuse to consider crucial evidence or documents, regardless of how relevant they might be.

When it comes to your actual court hearing, the court has procedures and standards that it follows and judges expect parties, even individuals without attorneys, to follow those same rules. You will be expected to present your witnesses in an appropriate manner, cross examine the other party’s witnesses, and present your exhibits in the same manner as an attorney. Presenting your own testimony is also often a challenge for many parties. You are not allowed to just read off notes or from a prepared statement. This raises a dilemma for many parties who are unsure of what to say, how to say it, etc. Though an attorney will take the time to develop testimony and write out questions for each witness, or their own client, the party acting as his or her own attorney often gets to the stand completely unaware of what he or she should say, or can say. Often times they will delve into hearsay statements or just presume what ever is on their mind is admissible to evidence. Another significant issue which arises at Denver divorce or custody hearings in which one party is self represented relates to documents, or exhibits, that party wishes to show the court. People often assume they can just bring items to court and the judge will automatically look at and consider them. Contrary to those assumptions, the person without an attorney must have followed rules regarding exhibit disclosures, bringing enough copies, and admissibility, the same as an attorney would. Even if you are intending to go conduct your hearing on your own, you may want to consider taking the time to meet with a professional to discuss trial preparation, or perhaps to even assist with preparation of your documents and provide instruction.

There are many old saying, such as “a person acting as his or her own attorney has a fool for a client.” I am not suggesting that every person without an attorney is a fool and I do believe there are many intelligent, capable people who can learn procedure and take a valiant shot at representing themselves. However, in the end, they will usually still make mistakes or miss something based on a lack of understanding of court procedures and standards. I wouldn’t give myself a root canal or expect to be able to repair my own computer, regardless of how many books I read on the subject. The practice of Colorado family law is complex and full of nuances, which matter. Likewise procedures can vary from court to court. Procedures in a Broomfield divorce may not be exactly the same as those in Douglas County. These court subjective nuances are something most attorneys are familiar with, whereas the general public may not be. If you do plan on litigating your own divorce and custody case, just remember the court will treat you as it would the attorney sitting at the other table with your spouse or the other parent of your child.

Colorado Divorce: Is It Okay to Speak to My Spouse While Our Divorce Is Pending? (part 1)

Plog & Stein P.C. Team — Thu, 17 Mar 2016 00:00:00 GMT

By: Sarah T. McCainWith years of experience and countless Colorado divorce and custody cases under my belt, I have heard almost every allegation imaginable that an experienced Denver, CO divorce lawyer might hear. Often times, those allegations entail one party to a divorce alleging that the other has said this, that, or the other thing. As they say in the movies or on TV, “anything you say can and will be used against you in a court of law.” Some parties are aware of this adage and understand what they say to their soon-to-be former significant other can be used as evidence. Other’s do not and will say the most outlandish, hurtful, or damaging things, oblivious of the fact that their words can be used against them, whether related to financial issues or custody. This holds true for verbal and written communications, such as emails or text messages.

Thought the concept of your words being used against you may be known to some, I generally make sure to inform each new client I meet with of this concept and to arm them with knowledge regarding how to conduct themselves and what to say or not say to their spouse, or the opposing party in a custody case. Words matter. The legal concept behind this issue ties into the fact that under the Colorado Rules of Evidence regarding hearsay, which do apply to family law cases, the statements of a “party opponent” can be used against them in court.

The balancing act exists in that communication is a must, even in a devolving relationship. So answering my title question, YES, it is absolutely appropriate to continue to speak with your spouse with a few exceptions and limitations.

It is always encouraged to continue communications so long as those communications remain amicable. These can take place through in person conversations, emails, and text messages. Parties are often able to resolve a majority of issues through communications between the two of them. Conversations in writing can generally be used as exhibit purposes if need be. One example of when written versions of good conversation may be useful would be when one party is claiming to the Court that communications are so poor that joint legal custody (decision-making) is not possible. When going to court, a party to a divorce might rely on those good communications to show the court that communicating and working together is possible. Frankly, examples of good communication can potentially ease the court into arriving at the conclusion that a part is a good guy or good gal. As in the real world, impressions matter. I often advise clients to be sure to leave positive paper trails (including electronic) whenever possible.

While positive communications are important and can help facilitate resolution and moving on, it is important to remember some rules. Though amicability may rule the day at any time, in any divorce, I often advise parties to not share their every thought with the other side. Likewise, when discussing settlement among themselves, I always advice my clients to make sure they indicate, particularly when speaking through email or texts, that the discussion is “settlement” related. Also pursuant to the Colorado Rules of Evidence, particularly Rule 408, settlement discussions are not admissible in court, meaning the judge may not hear the content of such. By using the magical words, settlement discussions, parties are able to communicate ideas, positions, and thresholds without fear of their words being used against them down the road. In essence, good communication between spouses divorcing in Colorado can be good. On the other hand, bad communication can be bad.

In Part 2 of this post, I will look into the subject of negative communication scenarios and how those things can affect the outcome of a Denver divorce or custody case. This will include reference to a prior blog post from some years back.

To learn more about the Colorado court process regarding divorce and custody contact the experienced Denver family law attorneys at Plog & Stein, P.C.

7 Things to Ask a Prospective Family Attorney

Plog & Stein P.C. Team — Mon, 25 Jan 2016 07:00:00 GMT

In divorce and other family law proceedings, the attorney you choose can make the difference in your case. In light of this, it is a good idea to take time to find a lawyer who is not only highly qualified, but who you also feel comfortable working with. It’s also a good idea to find a Colorado family law attorney who seems to have a familiarity with the courts handling both divorce and custody cases.

Divorce and family law involve specific and complex legal principles which take time and practice to master, so make sure you do your homework beforehand to ensure your attorney has what it takes to help you resolve your case efficiently, effectively, and in a timely manner.

In order to help you select the right divorce lawyer, keep these questions in mind to ask prospective candidates:

What kind of experience do you have?
Do you specialize in divorce and family law cases in Colorado, or are they just part of your practice?
Can I call you to discuss the status of my case?
What is your strategy for my case?
Are your rates competitive?
Does your firm practice in the court or county my case is in?
What is the likely outcome of my case?

At Plog & Stein, P.C., we have over 50 years of combined experience handling divorce and family law cases in Denver, Arapahoe, Douglas and all other metro area counties. Because we only handle divorce and family law cases, you can be confident that we know what it takes to obtain the very best results. Since 1999, we have provided our clients with competitive rates, emergency and short-notice representation, and open, client-focused communication.

We believe in honesty when it comes to providing the very best service to our clients, and strive to ensure that clients have a realistic understanding of their cases as well as how they can be resolved constructively and cost effectively. In addition, we are also proud to offer mediation services to help couples come to important decisions about their divorce cooperatively. We take the time to listen to your needs and objectives, and work unceasingly in order to resolve your divorce in the best way possible.

To learn more about how our Denver divorce attorneys can assist with your divorce and family law needs, please request a consultation at (303) 781-0322.

Hiring Experts for My Family Law Case?

Plog & Stein P.C. Team — Mon, 04 Jan 2016 07:00:00 GMT

By Jessica Bryant

In many of the divorce, custody, and child support cases I have handled over the years, the question of expert witnesses has often arisen. There are different types of experts that may be relevant, necessary, or helpful, depending on the issues in dispute in your case. Ultimately, your experienced Colorado family law attorney is the best person to advise you as to what is the best fit for your case. For any case, there are experts that can be appointed by the court to complete certain tasks, and experts you can hire yourself to provide certain information.

Some types of appointed experts which may be appointed in a divorce or child custody case are as follows:

Child and Family Investigator and/or Parental Responsibilities Evaluator: These are trained and qualified individuals that can be appointed by the court to look into child related issues and to make recommendations to the court as to how decision making responsibilities and/or visitation should be allocated. Both types of experts meet with the parties, meet with the children, and generally visit the homes of the parties. However, a Parental Responsibilities Evaluator also conducts mental health testing of the parties and is more in-depth, as there is no monetary cap on the amount a PRE investigation could cost. CFI’s are generally capped at $2000 and in many cases can investigate the important issues. Which expert to use will depend upon the issues and facts in the case.

Vocational Evaluator: This type of expert is most relevant in cases involving claims for child support or alimony (properly termed maintenance). Specifically, this individual can be appointed by the court if there are concerns that a party may not be earning as much income as he or she capable of based on his or her income earning history and/or education. In other words, if a party is voluntarily unemployed or underemployed, this type of expert can testify to the court as to how much they believe the individual is capable of earning. This type of expert can also be helpful in the opposite situation, if a party is physically or mentally incapable of working full-time he or she may need a vocational evaluator to testify to such to the court.

Appraisers: This type of expert is most relevant in a divorce case where the division of property and debt is at issue. If there a certain high-value property items that cannot be easily valued by viewing an account statement (i.e., real estate, businesses, jewelry, pensions) this type of individual can be appointed by the court to testify as to the value of such item. In some instances, parties may have dueling experts. Property valuations only arise in divorce cases.

In addition to experts which might be appointed by the court, a party to a case may also retain their own experts. Any party can retain an appraiser or a vocational evaluator to complete an evaluation on his or her property or his or her own income earning capabilities, respectively, without needing that individual appointed by the court. However, it is often more cost effective to confer with the other party to see if an expert can be jointly agreed upon, to avoid a battle of the experts if the other party retains his or her own expert to support his or her position.

Additionally, if you are seeking to have the other party pay for a portion of the expert’s costs that would have to be done by agreement or court order. Another type of expert people sometimes find helpful is a counselor or therapist if there have been accusations regarding mental health (however, by disclosing these individuals, it may waive your doctor-patient privilege so that is a decision best discussed with your attorney).

In order to have experts testify to the court at a hearing, there are also specific disclosure rules that must be followed, pursuant to the Colorado Rules of Civil Procedure. In addition to listing the individual as a witness on your witness disclosure, the witness must provide a report. For experts that are specifically retained for the case, their report must include, in part, all their findings, conclusions, reasoning, exhibits, fee agreement, cost for testifying, qualifications, past testimony and past qualifications. For experts that are not specifically retained for the case (such as counselors or doctors you were seeing before the case started, appraisers hired just to get a value, not in anticipation of the case, etc.) they must provide a detailed, signed explanation of their options and conclusions, reasoning, exhibits, and their qualifications.

It is always best to confer with an experienced Denver divorce lawyer as to which types of experts are needed for your case, which specific experts may be the best fit for your circumstances, whether to retain such experts independently or request appointment for the Court, whether to disclose your independently retained experts, and how to make sure the expert is correctly disclosed as a witness.

The family law attorneys at Plog & Stein, P.C. can help in all aspects of your divorce or custody case, including court preparation and determining what outside opinions may be needed to most effectively litigate your case. To discuss your case with a lawyer from our firm, contact us today.

We Are Thinking of Getting a Divorce, Now What?

Plog & Stein P.C. Team — Wed, 02 Dec 2015 00:00:00 GMT

By Sarah T. McCain

Often times, the topic of divorce is mentioned and thoroughly discussed in a home prior to either party taking any action to start the process. In those cases, the parties may have a good idea of the agreements they want to make between themselves. Those agreements may generally remain the same throughout the process and may ultimately be memorialized in their final Colorado divorce paperwork.

With the hope of resolving their divorce amicably, agreements may be reached prior to the parties even exchanging their full financial disclosures. Financial disclosures are documents and/or information required to be filed in all dissolution of marriage cases and lay out each party’s financial picture, including income, expenses, debts, and assets. If you have executed a financial settlement agreement prior to these disclosures being exchanged that agreement may be at risk in that if the financial disclosures and agreements do not essentially match, either party or the court may seek to nullify the agreement based on improper disclosure. As such, it may be recommended that you hold off on taking the time to draft, sign, and file any financial agreements with the court until you have exchanged your full financial disclosures. This may save the time and conflict of having an agreement that is later overturned. An agreement being overturned can be avoided if both of the parties are open and honest with all disclosures in their initial communications and disclosures. Your divorce attorney in Denver will certainly advise you about the risks of proceeding without full financial disclosures being made.

Once you have reached an agreement, it is a good idea to have a qualified Denver family law attorney review your agreements, as relates to both finances and parenting issues. An attorney may be able to spot some common pitfalls that individuals often make when putting together an agreement. Often, the biggest pitfall the parties run into is being too vague. This is common when the parties are quite amicable during a divorce and are acting under a belief that this amicability will remain the same for the remaining years they are in contact.

Though everyone hopes the amicability will prevail for all time, this is not always the case. When you have to rely on a legal document as your guide regarding the division of a specific holiday time or other specific child custody provisions you want to make sure that your plan covers as many specifics as it can. It is not unusual for an attorney to see a document put together by parties to a divorce or custody case which states the parties will agree to agree to something down the road. The question must be asked at the time of drafting, “what happens if you are no longer amicable and no longer in agreement?” This is where an experienced Denver family law attorneys can also assist you in making sure the finer, specific points make it into an agreement, including provisions to cover scenarios that you may run into in the future. After you have a final agreement, an attorney can also assist you in putting together the final documents and giving you first-hand knowledge on what to expect for the court appearances that you may have to make to finalize your divorce.

Even in those cases where the parties are amicable, have discussed their situation, and may have reached many agreements, it can be helpful to know the options and the procedure should your agreement fall apart or how to deal with the remaining items that are not agreed upon. An attorney can provide you with their legal opinion regarding what may happen if you proceed to court in a contested fashion and the steps that would be required should the decision to proceed to court take place. When we have a toothache, we identify the problem as best we can and then see a dentist. When our car quits running, we might try to fix it, but ultimately know that a mechanic will likely be needed. The same analogies hold true with a divorce or custody situation. By all means, agree to anything and everything you can. Amicability leads to a calmer future for all involved. Just keep in mind that the watchful and thorough eye of an experienced attorney can help you effectuate those agreements in a proper and binding fashion.

If you have questions about the divorce process and what you can expect with your particular situation, contact Plog & Stein, P.C. today. Our Denver divorce lawyers are available to speak with clients throughout all metro area counties!

Family Law: How Do I Prove My Argument to the Judge?

Plog & Stein P.C. Team — Thu, 17 Sep 2015 07:00:00 GMT

By: Jessica A. Bryant

One question every person in the middle of a Court case faces at some point or another, whether in a divorce case, custody case, or other Colorado family law related matter, is “How do I prove my argument to the Court?”

You may have a winning argument, but if your proof is not submitted to the Court in a way the Court can accept it, it may be meaningless. It is not always as simple as giving a document to the Court and asking them to read it. The Court is restricted by many evidence rules which limit what it can and cannot look at. In order to make sure you have the best chance at Court, it is important for you to be aware of such rules so you can make sure to provide your information to the Court in a way the Court can look at it and consider it before entering the final orders. These rules are uniform throughout the state and apply whether you have a Douglas County custody case or a divorce in Arapahoe County.

Here are a few common types of evidence parties in family law cases have and the steps their attorneys will take to present them to the Court:

Statements made by the children- Many parties in custody cases feel their children have important information to share with the Court.
1. Ways to present the evidence: The best way to submit the children’s thoughts, feelings, wishes, etc. to the Court is through an expert witness. You can request that the Court appoint a Child and Family Investigator or Parental Responsibilities Evaluator or, if the child is already seeing a therapist, that individual can also be listed as a witness. In some circumstances, depending on the age of the child, you can also request that the Court interview the child in chambers.
2. Avoid trying to introduce a statement written by the child or just relying on being able to repeat statements the child has made to you. This is known as hearsay and, absent specific circumstances, the Court cannot accept this type of evidence
Police reports- The best way to ensure a police report will be reviewed by the Court as evidence is to have the police officer who wrote the report present to testify. If you simply try to hand the report to the Court, without the witness being present, the Court could consider the report hearsay, and refuse to consider it. The Court could also have questions about the reliability of the document so, if it contains important information that the Court needs to know, you should have the officer present to testify.
Text Messages- If the other party has said something in a text message that you believe supports your argument, you should save the text message immediately (the easiest way is to take a screen shot and email it to yourself) so you do not risk losing it in the future. This screen shot image can then be introduced as an exhibit at a future hearing. It is also helpful to save the entire conversation. If you only save a portion of the conversation, the Court could refuse to consider it if it is considered to be incomplete. If it is a text message from someone not part of the case, though, you need to have that person listed as a witness and present to testify- the Court cannot just read a statement (including a text message) from that person, if they are not present at the hearing.
Voice Recordings- If you are going to use a recording (voicemail, video, etc.) of the other party, make sure you have it saved and bring it to Court in a format the Court can keep (i.e., compact disc). It is also highly recommended to bring whatever is necessary to play the recording (laptop, CD player, etc.) to Court with you that day, because you never know if the Court will have the technology necessary to play the recording.

When it comes to submitting documentary proof to the Court, there are a lot of issues to consider, including whether a witness needs to be present to testify, what format the exhibit should be in, the deadlines for the exchange of such documents, etc. Therefore, it is always advisable that you consult with an experienced family law attorney who can assist you through the process and make sure the evidence is presented to the Court in a format they can accept so the Court can fully understand your argument/story.

Have questions about your unique case? Speak with a Denver family lawyer today by calling (303) 781-0322. Plog & Stein, P.C. serves clients throughout Denver and surrounding metro counties.

The Dangers of Not Getting Around to Making Divorce Official

Plog & Stein P.C. Team — Mon, 14 Sep 2015 00:00:00 GMT

By: W. Curtis Wiberg

Every so often, Plog & Stein, P.C. receives calls from someone who states that they’ve been separated for years from their spouse, but that neither party ever bothered to make the divorce official.

While typically, it’s no big deal if both spouses agree to just amicably make it official, both parties have put themselves at great risk for exposing themselves to paying maintenance or losing a significant portion of their assets that have built up over the years since the parties separated.

Under CRS 14-10-113, marital property is defined as any asset or debt, regardless of how titled, that has accumulated during the marriage (with the exception of gifts, property brought into the marriage and kept separate, and/or inherited assets). So, notwithstanding that the parties have gone their separate ways for years, the presumption and definition of marital property technically stands. It then is the burden of the spouse to appeal to a Court for an “equitable” division that takes into account the circumstances of the parties’ mutual separation. Had one spouse simply proceeded to get a dissolution right away, there’s no claim the other spouse could make against an ex-spouse for accumulations of assets that occurred after a dissolution decree.

Similarly, with respect to maintenance under CRS 14-10-114, the statute creates a rebuttable presumption of the applicability of a maintenance award as to both amount and duration of maintenance based on the current incomes of the parties and the length of a marriage. While a party can argue that the use of the formula is inequitable as to an individual case, it’s not a certainty that a Court would agree with that party and consider the entire length of the marriage and the circumstances of each spouse before and after a separation.

So, if someone has been separated for years from your spouse, in the eyes of the law, it’s still a marriage. That means something. Even if both spouses separate on relatively equal footing, if one spouse’s career blossoms, income increases and accumulates assets while the other spouse falls on hard times or becomes disabled, a Court is fully empowered to award assets and support disregarding the fact of a long term separation. While there is no case law specifically on point from Colorado, a few states have ruled that a marriage creates a legal obligation as between the parties regardless of how the parties have chosen to live their lives. Other states on the other hand do find relevant a “de facto termination” of a marriage as a date for determining property division and maintenance. See, e.g.: Berish v. Berish, 432 N.E.2d 183 (Ohio 1982).

Until Colorado develops some case law on this point, how a Court would respond to the circumstance of a long term separation where one spouse has fared significantly better than the other since the separation is an open question. Why chance it? If you are separated, your marriage is irretrievably broken and you and your spouse have already started moving on, don’t put off making it official.

The Truth Behind Five Common Divorce Myths

Plog & Stein P.C. Team — Thu, 03 Sep 2015 00:00:00 GMT

Divorce can be a challenge, and there are many myths out there that can make it even more confusing. We have set the record straight on four of the most common pieces of misinformation about divorce so that you will have a better idea what to expect in your own case.

Myth #1: My ex-spouse has no claim over any assets listed in my name.

The laws for dividing property vary from state to state, but as a general rule, any assets that a spouse owned before they were married are considered separate property and are solely theirs. Any assets that were acquired through the use of marital funds during the marriage are considered marital property, and will be divided between the spouses in a divorce. You might be wondering, what if my name is the only one on the mortgage or the title? Regardless if only one spouse is listed as the owner of the asset, if it was paid for or maintained at any point using marital funds, both spouses will have a claim to it.

Myth #2: Children will always end up in their mother’s custody.

While many children do end up with their mothers, this is not always the case. The primary aim of the courts is to determine what is in the best interests of the child when making a decision about which parent to grant custody to. Judges will consider things like each parent’s living situation, income, and the relationship the child has with each parent. If the child is old enough to make an informed decision, their preference may also be a deciding factor. Ultimately, the judge will decide on whatever will be least disruptive to the child’s life. If the judge determines that the father is the more suitable parent, then they will likely be granted child custody.

Myth #3: My cheating spouse will pay for their behavior in court.

Unless you specifically made arrangements for this contingency in a prenuptial agreement, a judge will not give preference to you over a spouse based on their infidelity. Because all states now offer “no-fault” divorces, judges are typically not interested in the reason why the marriage ended, and infidelity won’t have any effect on property division.

Myth #4: More than 50 percent of all U.S. marriages end in divorce.

This myth is based on research that is over 30 years old, and this statistic is no longer accurate. The current rate of divorce in the U.S. is not estimated at closer to 30 percent, and continues to slowly decline. This decline is probably due in part to the growing number of people who are waiting longer or choosing not to get married. Evidence suggests a correlation between the age of the couple when they married and the likelihood that their marriage will last, and marriages between older couples tend to last longer.

Myth #5: Divorce is always expensive.

Not all divorces end up being expensive. If couples are willing, mediation is a helpful and cost-effective way for couples to come to an agreement about the terms of their divorce. This is done outside of court with the help of a lawyer or mediator. The mediator can help couples work together in a peaceful and constructive way so that costly litigation can be avoided. Stephen J. Plog and Adria L. Stein of Plog & Stein, P.C. both offer mediation services. Call our firm today to schedule your mediation session!

Are you considering a divorce? Since 1999, the Denver divorce lawyers at Plog & Stein, P.C. have represented clients in even the toughest family law matters. Request an initial case evaluation online or give us a call at (303) 781-0322