By: Jessica A. Saldin If you are faced with a permanent protection order, it is not uncommon for one of the first questions you ask yourself to be, “is this restraining order truly permanent or can it ever be modified or terminated?” As a point of clarification, this blog only addresses civil
Divorce Blog
Divorce and Subpoenaing Your Spouse’s Bank Records
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
Is There Such Thing as an Amicable Divorce?
By: Sarah McCain I recently read an article listing current divorce statistics and providing eight divorce horror stories from both the client and the lawyer’s perspective. The stories ranged from issues with excessive fees, fraud, disappearing spouses, and those with a second life. While these stories are obviously extreme examples, what connected
Divorce: Keeping Your Separate Property Separate (Part 2)
By Michelle L. Searcy In my most recent article, I discussed methods of your assuring separate property remains separate in terms of preserving good evidence for use in a dissolution of marriage (divorce) case. However, Colorado statutes still define marital property as including increases in the value of separate property during the
Examples of Alimony and Child Support Calculations Based on 2018 Statutory Changes
By: Jessica A. Saldin In prior, recent blog posts, I overviewed both the impact the federal tax changes will have on maintenance (alimony) awards starting January 2019, as well as the revisions to Colorado’s maintenance and child support laws to account for the tax code changes. The purpose of this blog post
Name Changes in Colorado Family Law Cases
By: Janette Jordan There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case. In a divorce case, if
Retirement and Divorce: Payment of Alimony and Child Support
By: W. Curtis Wiberg In a divorce case, a higher income earning spouse may be “on the hook” to pay maintenance (alimony) and child support. There are divorces, however, in which this higher-income earning spouse is in his or her sixties and nearing retirement age. Some dads have children when they are
Contempt of Court in Family Law Cases: A Cost-Benefit Analysis
By: Stephen J. Plog In many Colorado divorce and child custody cases, it’s not uncommon to see situations in which one party or the other fails to follow the court’s orders, whether financial or child related in nature. When orders are not followed, the aggrieved party is left with various remedies to
Enforcing and Out-of-State Child Custody Orders
By: Curtis Wiberg In our mobile society, it is not an uncommon occurrence for parents to obtain custody orders in one state, and for both parents and the children to later reside in other states, soon after. This can make resolution of subsequent conflicts involving parenting time (visitation) complicated. Every state in
Maintenance and Child Support-August 2018 Statutory Changes
By: Jessica A. Saldin Starting August 8, 2018, there will some statutory changes being made to the Colorado Uniform Dissolution of Marriage Act (the main statute/law that governs Colorado divorce and custody cases). As these changes may have major impacts on your divorce or custody case, it is important to know what