Family Law Blog

What’s the Difference Between a Divorce and a Legal Separation?

By Denver Divorce Lawyer on May 26, 2010

Typically, in a Colorado divorce, property and debts are separated and spousal support is determined. In addition, if children are involved, parenting issues and child support must be resolved. The marriage ends with the issuance of a divorce decree.

A legal separation in Colorado also separates couples financially and declares the parties to be separate individuals without responsibility for one another. The legal separation paperwork also addresses parenting issues and child support. Much of the same paperwork must be done to complete a legal separation as a divorce. In a separation, the judge issues a decree of legal separation rather than a divorce decree.

One of the primary differences between a divorce and a legal separation is that the couple who have legally separated cannot remarry until they obtain a divorce decree. In addition, couples who have legally separated retain inheritance rights. If the couple who has legally separated decides to divorce, they can convert their decree of legal separation into a divorce decree fairly simply under Colorado law.

There are some reasons couples may seek a legal separation instead of a divorce. They may not be sure that a divorce is what they want but need time apart. They may wish to retain medical or other benefits that would be lost in a divorce. Some couples have a religious objection to divorce. Some social security benefits or military pensions are only available after a couple has been married for 10 years, so a couple could seek a legal separation instead of a divorce in order to qualify for those benefits.

If you are married in Colorado and think a legal separation may be right for you, contact the experienced and dedicated Denver family attorneys at Kaplan Law, LLC. Our legal team will help you analyze your situation to decide whether a legal separation would be a good option. Please call us today at 1-877-527-5206.

Adoption Records in Denver May Become Available

By Denver Divorce Lawyer on May 19, 2010

In Denver, a group of individuals is gathering signatures to allow an adoption issue on the ballot in Denver. According to a Denver CBS4 report, this group wants to make birth records available to adopted children who are over the age of 18 and had their adoptions finalized in Denver at the City and County Building. The group will need 4,000 signatures to get the matter on the ballot.

This group claims that adopted children should have unrestricted access to their birth records once they turn 18. The proposed law gives birth parents 180 days in which to file forms stating that they don’t wish to be contacted. Adoption records are currently governed by state law.

Proponents of the law claim that most adoptive children want access to their birth records to fill in a missing piece of their lives. In addition, some need access to medical information. Those who oppose the ordinance argue that there are a lot of birth parents who do not want to be found. They also claim that adopted children don’t want to know who their birth parents are because they already have parents, even if they are not biological. Another concern about the ballot initiative is jurisdictional issues between state law and the city ordinance.

Adoption issues in Denver can be very complicated on both an emotional and legal level. If you need experienced and dedicated attorneys to help with your Colorado adoption case, contact Kaplan Law, LLC today. Our team will work with you to figure out a plan that is tailored to your unique situation. For more information about adoption or adoption-related issues, contact our Denver family law attorneys today by calling 1-877-527-5206.

Determining Colorado Child Support Obligations

By Denver Divorce Lawyer on May 12, 2010

In Colorado, the amount of child support that one parent must pay another depends on a variety of factors set out under Colorado law. The level of support is determined based on the gross income of both parents, which includes investments, social security, etc. but does not include the income of a new spouse of a parent. The court also looks at the number of children and the percentage of time the children spend with each parent. In addition, if one child lives with one parent and another child or children live with the other parent, separate support obligations must be determined and weighed against each other.

The rules are fairly inflexible, and do not take into account how much a parent’s living expenses or child-related expenses actually are. However, an experienced Colorado child support lawyer knows the court will take into consideration child care expenses and medical insurance and other medical expenses in making its child support determination.

If one parent or both parents are unemployed or underemployed (taking a job at less pay than he or she could otherwise earn in order to avoid child support obligations), the court may decide to impute, or assign, to that parent extra income when making the determination. However, if a parent is in school or is a stay at home parent caring for a child under 30 months old, income may not be imputed to that parent. Child support typically continues until the child turns 19, graduates from high school, marries, or joins the military.

Child support issues in Colorado can be tricky. If you need help with a modification of child support or other child support issues, contact the experienced Denver child support attorneys at Kaplan Law, LLC. We will work hard to ensure your rights are protected and that your child support matters are successfully and efficiently resolved.

Financial Infidelity a Major Cause of Divorce

By Denver Divorce Lawyer on May 7, 2010

According to a 2005 Redbook survey discussed in a fredericknewspost.com article, nearly one-third of adults in a committed relationship admitted to being dishonest to their partner about their spending habits. Women are more likely than men to be dishonest about finances. Some common examples of “financial infidelity” include secret purchases, money stashed away without the knowledge of one of the partners, and debt that only one partner knows about.

Although financial problems are a leading cause of divorce throughout the nation, many couples avoid discussions about finances, which can lead to financial infidelity. Financial infidelity can be a sign that the relationship is not open and honest. In addition, many spouses have difficulty turning over control and security, which money represents, to their partners. If two partners have very different opinions on money and how it should be spent, it’s still possible for couples to work together on finances, but they must have very open and honest communication about money.

Once financial infidelity occurs, it’s important to bring it to light immediately so the wronged spouse can forgive. In addition, using a neutral third party, such as a financial advisor or another couple, can help to prevent money secrets from occurring in the future. In addition, working on a future financial plan together can help rebuild the relationship.

Sometimes when financial infidelity occurs, divorce becomes inevitable. In that case, you should retain the services of a highly skilled Colorado divorce attorney. If you are considering filing for divorce in Colorado, contact the knowledgeable Denver family lawyers at Kaplan Law, LLC by calling 877-527-5260. Our team is highly trained and experienced in the area of Colorado divorce law. We can help.