In a Colorado divorce, when the court divides property, it must determine whether an asset is marital (subject to division) or separate (not subject to division). Generally, marital property doesn’t include property that spouses obtained before marrying or that they have agreed will remain separate. If a spouse places separate property into
Divorce Blog
Do I Get To Pick The Judge In My Divorce Or Custody Case?
An experienced Denver family law attorney knows that a critical factor in how a case could be decided, should it go to full blown litigation, or a trial, is which judge the case will be in front of. In the body of law that encompasses divorce, child support, and custody, there are
Child Support Arrearages in Colorado
Child support in Colorado is calculated according to the Colorado Child Support Guideline found at C.R.S. 14-10-115, revised in January 2014. In Denver and the surrounding areas, divorced parents must meet their child support obligations until the child is emancipated. This happens when the child graduates from high school, turns 19, joins
Same Sex Divorce and Child Custody Issues in Colorado
As we have earlier covered on this blog, same-sex marriages are now legal in Colorado because the United States Supreme Court decided not to hear any appeals regarding the constitutionality of same-sex marriage bans from the 10th Circuit. Now that same-sex civil marriages are recognized in Colorado, divorces are also possible, and
Asking for a Reduction in a Child Support Obligation
A motion to modify child support did not go the way a father and ex-husband probably hoped. The father sought to reduce his monthly child support obligation, but the trial court raised it instead. The Colorado Court of Appeals denied the father’s appeal, holding in part that alleged misconduct by the wife
Determining Current Financial Resources in a Divorce
Colorado law allows a trial court to order one party to a divorce to pay for the other party’s attorney’s fees. C.R.S. 14-10-119. The court must take both parties’ financial resources into account, including both the amount available to one party and the amount needed by the other, in determining the amount
Colorado Child Support and Self-Employed Individuals
Pursuant to C.R.S. 14-10-115, the statutory section regarding establishment of Colorado child support, the primary financial factor leading to a calculation of support is a litigant’s incomes. As discussed in prior postings, there are basic figures, such as income, number of children, and number of overnight visits per year the payor has
Recent Colorado Appellate Case Discusses Arbitration in the Divorce Context
Arbitration has become more and more popular in the last few years, as litigants opt to resolve their issues outside of the formal courtroom and in the more informal setting of arbitration. Although not as formal as a courtroom, the arbitrator’s decision on the legal issues in front of him or her
Divorce and Filing for Bankruptcy (Part 2)
The first part of this discussion on bankruptcy gave an overview of the bankruptcy process and how it applied to couples who were still married. The second part will discuss the impact of bankruptcy when a couple separates or divorces. What Happens If a Couple Separates? In some respects, if a couple
Divorce and Filing for Bankruptcy (Part 1)
When Denver couples divorce, few anticipate that one of the parties will file for bankruptcy, or that the bankruptcy could have such an impact on both of their lives. That is because there is a lot of confusion about bankruptcy in general: who applies for bankruptcy, what it involves, and its long-term