Family Law Blog

Mediation May Only Work During the Most Amiable of Divorce Cases

By admin on August 11, 2010

According to a recent USA Today article, a more amicable trend regarding divorce matters is taking place all across the country. That is, whereas many divorces are characterized by longer, drawn out proceedings that are fueled by disagreements and sentiments of anger; a new approach is being utilized by more and more couples looking to end their marriages. Mediation proceedings are being used more often as a means of deciding division of property, child custody agreements, and other facets of family law matters.

Using this approach, couples basically sit down with one another and calmly decide how best to go their separate ways, discussing division of assets, who should stay in the family home with children, how often children may be visited and whom the children will primarily live with. Under the most ideal of circumstances, mediation may be the answer for a couple getting a divorce. However, it is important to keep in mind that during a more stressful divorce process, rationally being able to make important decisions is extremely difficult.

While the mediation approach may work for some couples, not all cases of Colorado divorce and separation are the same. Unless a couple is in mutual agreement that their marriage should end, and unless that couple is able to reasonably discuss matters without any sense of heartache or emotionally fueled anger, then mediation may not be the most viable option for them. Divorce proceedings can be very complicated, and it is important to keep in mind that a fair division of assets and other reasonable decisions should be the end goal for all parties involved.

There are multiple factors that need to be carefully examined during divorce proceedings. When young children are involved, there are even more details that need to be considered. Regardless of your situation though, it is always a good idea to retain the services of a skilled family law attorney in the event that divorce is the only solution to your marriage. If you’re thinking about filing for divorce in Colorado, please contact the Denver divorce lawyers at Kaplan Law, LLC. Our Colorado family law attorneys will fight to ensure that all decisions made are equitable, keeping your best interests in mind at all times. For more information, please call us today at 1-877-527-5260.

Facebook Material May Be Used as Evidence in Colorado Divorce Cases

By admin on July 15, 2010

Divorce in Denver can be a confusing, emotional time for any couple who determines that ending their marriage is the best course of action. The separation of assets, property, and finances can be difficult and overwhelming on top of the challenges posed when determining custody of children. However, to add insult to injury, if one spouse finds out about the other’s dishonesty or questionable actions through a social networking site such as Facebook or MySpace, the offended spouse may be able to use such information in their case or other legal proceedings.

Social networking sites like Facebook have become increasingly popular over the last decade with users posting information about business endeavors, reuniting with old friends and other details of their personal lives. According to a USA Today article, when it comes to causes for divorce and divorce legal proceedings, some Colorado family law attorneys are seeing first-hand that social networking sites can jeopardize a relationship and may also provide a spouse with leverage in court. People post comments, photos, status updates and bulletins openly on the Internet without thinking about who might see it, including a divorce court judge.

Colorado’s divorce rate is already high with approximately 4.3 percent of marriages per 1,000 in population ending in divorce, according to 2005 data noted by the Rocky Mountain Family Council. With the addition of social networking sites being used as potential evidence in divorce cases, the need for skilled legal counsel and representation from an experienced Denver family law attorney is more important than ever, especially when child custody and spousal support must be established.

If you are thinking about filing for divorce in Colorado, it’s important to consult with a Denver divorce attorney as soon as possible. It’s crucial for you to fully understand your rights and be familiar with every detail surrounding your case to ensure positive results. The knowledgeable Colorado divorce lawyers at Kaplan Law, LLC can help you through this challenging process so that you can maintain your financial balance and move forward. For more information, please call Kaplan Law, LLC at 1-877-527-5206.

Financial Infidelity a Major Cause of Divorce

By admin 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.

Communication Styles Could Be an Early Indication of Imminent Divorce

By admin on January 27, 2010

A recent CBS.com article discussed an episode of The Early Show in which a well-known psychotherapist visited the program. The discussion focused on how communication styles and positive-to-negative interactions can contribute towards a divorce. More specifically, a total of five types of marriages were reportedly identified.

A “pursuer/distance marriage” carries with it a high risk of divorce. This type of marriage is characterized by problems being dismissed and not talked about. “Disengaged marriages” involve individuals who don’t need intimacy or lack mutual interests, and these marriage types are also prone to having a high risk of divorce. “Operatic marriages” are characterized by repetitive cycles of fighting and reconciling, also translating to high risk of divorce. “Cohesive individuated marriages” consist of shared responsibilities and marriage being viewed as a refuge, translating to a lower risk of divorce in the long run. Marriages labeled as “traditional” consist of genders roles being interpreted by couples as simply traditional, with instances of divorce in these cases being lowest.

The article goes on to mention that strong marriages have a positive-to-negative interaction ratio of at least 5-to-1, meaning that these couples have at least five positive experiences together for every one negative experience. As this ratio diminishes, it is speculated, the risk of divorce inevitably rises. Other factors mentioned in the news story included length of marriage, the age of marrying couples, and whether or not a child has become a part of the marriage.

Sometimes, filing for divorce in Colorado ultimately proves inevitable. In such cases, retaining the services of an experienced divorce attorney will prove to be your best option in protecting your interests and safe guarding your well-being. Regardless of your situation, the skilled Colorado divorce attorneys at Kaplan Law, LLC are prepared to assist you every step of the way. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5260.

Source:http://www.cbsnews.com/stories/2002/08/06/earlyshow/health/health_news/main517731.shtml

Social Networking Sites Could Prove Costly in Divorce Cases

By admin on January 22, 2010

Social networking sites certainly have their uses. Communicating with prospective employers, publicizing one’s business, and reconnecting with old acquaintances are some of the more common uses of sites such as Facebook, MySpace, and LinkedIn. However, a recent examination of divorce documentation has revealed that social networking sites might be playing a determining factor in couples’ decisions to file for divorce. Reportedly, in one such case in the United Kingdom, a woman learned about her divorce after she logged into her Facebook account and read that her husband had ended his marriage to her. This is a clear indicator that the site, like many others, is planting itself right in the middle of divorce cases throughout cyberspace that quickly result in real life dissolutions of marriage.

According to an emaxhealth.com article, information posted on social networking sites can provide proof of marital infidelity and can strengthen the divorce case of a wronged spouse. It is suggested that individuals do not post incriminating information such as public messages or photographs that may be used as evidence of wrongdoing during divorce proceedings. Some law firms specializing in divorce cases report social networking sites as being cited nearly 20% of the time as one reason why one party is seeking a divorce from another.

Couple the sense of anonymity of the internet with marriage dissatisfaction, and resulting actions may prove damaging in a divorce case. In Colorado, it is recommended that individuals seeking divorce retain the services of an experienced family law attorney that will fight to ensure that the rights of the client are upheld at all times in a court of law.

At Kaplan Law, LLC, our skilled Denver divorce attorneys are prepared to examine every detail of your divorce case to ensure that your best interests are not disregarded in a court of law. Our Colorado family law attorneys have experience litigating a wide variety of divorce proceedings, and are prepared to attain the best possible outcome in your case. If you are thinking about filing for divorce in Colorado, please contact us today for more information. Call us at 1-877-527-5260.

Source:http://www.emaxhealth.com/1275/5/34949/facebook-other-social-networking-sites-linked-divorce.html

Child Custody is Based on Best Interests of the Child, Not Physical Abilities of Parent

By admin on January 18, 2010

A variety of factors need to be taken into account during child custody hearings. An ABCNews.com article discusses one such case that warrants consideration of multiple factors. Reportedly, a quadriplegic woman is seeking to retain custody of her son, but is being opposed by her ex-boyfriend, who cites that the woman is not capable of properly caring for the child. In child custody cases in Colorado, as well as the rest of the country, the best interests of the child are given considerable consideration in custody hearings.

The court system does not typically give disability nearly as much weight as it does the well-being of the child. Disability, it is argued, is therefore not an indication that the disabled individual cannot parent a child, particularly if the court system rules that the child will be properly cared for under the supervision of the disabled parent. With all emotion cast aside, the best interest of the child remains the gold standard in terms of which parent the child will ultimately end up with. Often times, financial stability and a nurturing support system are the two primary variables considered in child custody cases. Ultimately, parents are examined according to their character and whether or not they are capable of raising their child.

Child custody cases can be especially complicated. The state of Colorado is no exception to this idea, and the services of experienced family law attorneys should be retained to ensure that parental rights are not infringed upon in a court of law. At Kaplan Law, LLC, our Colorado child custody lawyers will examine every detail of your child custody case and work diligently on your behalf. If you are thinking of filing for divorce and believe that child custody issues will be involved, please contact us for more information. Call us today at 1-877-527-5260.

Source:http://abcnews.go.com/Health/MindMoodNews/quadraplegic-mother-fights-maintain-custody-son/story?id=9403163

Finance Concerns Linked to Divorce Rate According to Utah State Study

By admin on January 7, 2010

Reportedly, finances are a hot button topic that could be directly linked to divorce rates. While it has long been suspected that financial concerns and arguments are a major point of contention amongst divorcing couples, a new study may show that there is a definite link between monetary disagreement and tendency to end a marriage. According to an article on the New York Times website, a study conducted at Utah State University found that couples who found themselves disagreeing about money at least once a week were more than 30 times likely to seek a divorce than those couples who only disagreed about finances a few times total each month.

The study examined a control group of about 2,800 couples in 1987, and then reexamined the same group five years later in 1992. Initially, the couples were asked about how often they argued with one another over issues ranging from in-laws to spending time with one another, including the topic of finances. Of all the different topics of contention, arguments over money were deemed to be the best indication of whether or not a couple would eventually divorce.

Regardless of the reasons why a couple chooses to divorce, legal proceedings can be extensive and often quite complicated. The best action for such proceedings is to retain the services of an experienced family law attorney who will examine every detail of the case to ensure that division of assets, custody arrangements, and spousal or child support payments are decided upon while keeping the best interests of the client in mind.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://economix.blogs.nytimes.com/2009/12/07/money-fights-predict-divorce-rates/

Is One in Two Marriages Really Destined for Divorce?

By admin on December 23, 2009

An article featured on the website dakotavoice.com attempts to more closely examine the divorce rate in the United States. The article offers the argument that the now common figure that one in every two marriages ends in divorce is an inflation that does not take certain factors into consideration.

Reportedly, the article cites recently released data from the United States Census Bureau that shows that 75% of marriages are between individuals that have only married once. Therefore, nearly 25% of marriages consist of individuals that have previously married, therefore inflating divorce rate figures to paint a direr picture than what actually exists.

The article goes on to point out that the average marriage in the United States lasts over 18 years. If this is in fact the case, it bears little on the overall divorce rate, which still cites that a large number of people, some married for longer periods of time than others, divorce each other for any number of reasons. Divorce can definitely present its warning signs, but often times these signs are not recognized until divorce is imminent.

Divorce in Colorado can result for any number of reasons. Arguing over finances, the amount of time spent with one another, or attention given to children are all reasons that are sometimes cited as having contributed to a couple deciding that divorce is in the best interest of both involved parties. Regardless of what the reasoning behind the divorce is, all details surrounding custody and division of property need to be carefully examined in order to ensure that the rights of either party involved are not infringed upon in a court of law.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www.dakotavoice.com/2009/09/divorce-statistics-not-as-bad-as-portrayed/

When Divorce Turns Into a War of Words

By admin on November 11, 2009

Divorce proceedings don’t always have to be characterized by negativity. However, for the divorcing couple highlighted in a story talked about on blogs.wsj.com, this notion was disregarded altogether. According to the story, both of the divorcing parties have accused the other of being financially dependent. Consequently, the husband in this case claims that he shouldn’t have to pay his wife spousal support, while the wife argues that her husband, though he is unemployed and claims to be bankrupt, is in fact spending thousands of dollars each and every month.

The husband in this case claims that he is in fact bankrupt, and that the money he has been spending has come from handouts from friends. He further claims that the monetary amounts his wife claims he is spending are greatly exaggerated. The husband’s main argument against having to pay his wife spousal support payments centers-around the fact that the wife supposedly has $200,000 hidden away in a safety deposit box and that she has numerous assets, including fur coats and jewelry reportedly worth over a million dollars, are more than enough to sustain her.

Undoubtedly, the presiding judge in this case will carefully examine all of the facts, and make a decision based on those facts. Regardless of what is said by either party, only the facts of this case will ultimately be considered. Though both the husband and wife have made public much incriminating evidence against the other, such evidence may not even be given that much weight in a court of law, particularly if said evidence is little more than he-said, she-said type gossip. Ultimately, the best path taken by each party involved includes retaining a skilled divorce attorney who will see to it that the client’s best interests are always kept in mind and not infringed upon in a court of law.

The experienced family law attorneys at Kaplan Law, LLC represent all types of divorce cases. If you are going through a divorce, you’ll need someone on your side who will fight for your best interests at all times. The divorce attorneys in Denver at Kaplan Law, LLC understand how complicated such situations can be, and work towards making divorce proceedings not only as equitable as possible, but also as stress free for everyone involved. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce, alimony payments, and your legal options.

Source:http://blogs.wsj.com/bankruptcy/2009/10/13/bankruptcy-plus-divorce-equals-major-drama/

Military Personnel Protect Our Country, but Marriages May Suffer Nevertheless

By admin on November 4, 2009

A recent examiner.com article discusses the unfortunate tendency for spouses of military personnel to grow so tiresome of their significant other’s deployment that divorce becomes a solution to the problem. The story cites another article from the Washington post that explains how the commanding officers of soldiers that find themselves on the verge of divorce have the ultimate say over whether or not the soldier is granted an emergency leave on the grounds of correcting problems at home, including a looming divorce.

Among the many reasons often cited for divorce amongst military families is a lack of interaction that a deployed soldier has with his or her spouse. Feelings of abandonment and loneliness may slowly creep up on unsuspecting spouses when their significant other is deployed overseas or even out of state. Child custody and other issues arise in many divorce proceedings, and child custody can often be difficult for a deployed soldier to contend with. In all cases where divorce seems like a likely possibility, and especially if children are involved, an individual’s best course of action is to retain the services of a skilled Denver child custody attorney who will see to it that all decisions made in regard to divorce are as equitable as possible for both parties involved.

According to the article, many states have passed laws preventing military deployment as being cited as a significant reason for seeking a divorce. To ensure that your rights are upheld in a court of law, don’t hesitate to contact the family law attorneys at Kaplan Law, LLC. Our experienced divorce lawyers have represented a large number of clients in a variety of divorce proceedings, and are prepared to make your divorce proceedings as stress-free as possible. Our Denver family law attorneys understand how complex such situations can be, and are prepared to handle every detail of your case so that you don’t have to. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce and your possible options.

Source:http://www.examiner.com/x-3145-Miami-Relationships-Examiner~y2009m9d6-Custody-battles-and-divorce-in-military-families