Family Law Blog

Colorado Senator Pulls Proposed Divorce Bill after Fervent Feedback

By Denver Divorce Lawyer on January 16, 2012

A Republican senator removed his proposed divorce bill, which would have required divorcing parents to attend counseling before going through with the divorce, from the Colorado legislature after receiving extensive and “extraordinary” feedback, according to the Denver Post. The criticism he received made him realize that this is a much bigger issue than he anticipated and it requires much more time and deliberation.

The divorce “cooling-off” bill would have required a divorcing couple with underage children to attend six hours of instruction on the affects of divorce on children, as well as to wait approximately eight months before they could actually proceed with the divorce process. Extenuating circumstances, such as sexual abuse, domestic violence, and other factors would have been exceptions to the proposed rule.

The senator sponsoring the bill is still committed to finding ways to address the problems associated with divorce, but sees now that the proposed bill may not be the way to go. It garnered national attention from counselors, attorneys, and others, who questioned whether government and/or bureaucracy should be involved in a couple’s decision to divorce. Another bill concerning the problems associated with divorce may find its way back into the legislature in future sessions.

Divorce is not an easy decision, especially for a couple with children, but it is sometimes necessary. If you are considering a divorce in Colorado, the experienced divorce lawyers in Denver at Kaplan Law, LLC can help. Call us today for a consultation at (303) 458-5500.

First Divorce Recorded in America Shares Similarities with Modern Day

By Denver Divorce Lawyer on January 9, 2012

The first recorded divorce in American history was on January 5, 1643 and was granted by the Puritan court to Anne Clarke of the Massachusetts Bay Colony on the grounds that her husband, Denis Clarke, abandoned her and their two children to be with another woman, with whom he also had two children. In a signed affidavit, Denis Clark admitted to these allegations, as well as stated his refusal to return to his original wife. The court had no choice but to punish the absent and adulterous Denis Clarke and grant a divorce to Anne Clarke.

The Puritan courts were not known for looking kindly on divorce, but although the system may have been more severe then, this first recorded divorce was not unlike divorces today in terms of why it was granted, or in modern cases, filed. Infidelity and abandonment are not uncommon reasons for divorce today. Other common reasons for filing divorce in modern times include:

• Financial Issues;
• Physical, Psychological, or Emotional Abuse;
• Poor Communication;
• Child Rearing Disputes;
• Conflict Resolution Issues;
• Cultural or Religious Tension;
• Addiction;
• Personality Clashes; or
• Differences in Expectations and Goals.

The reasons why a married couple files for divorce varies; what works or doesn’t work is unique to each marriage. Unfortunately, what doesn’t work often creates irresolvable problems for which divorce is the only answer. If you are considering filing for divorce in Colorado, the experienced divorce attorneys in Denver at Kaplan Law, LLC, can help you understand your legal rights and options so that you may make an informed decision. Contact us today for a consultation at (303) 458-5500.

Common Financial Mistakes That Can Lead to Divorce

By Denver Divorce Lawyer on December 29, 2011

According to Money Talks News, a recent study affirms that almost 25 percent of all married couples hide financial affairs from their spouse in the U.S. The National Foundation for Credit Counseling (NFCC) points out that financial stress is a common reason for divorce, as demonstrated by court records. A study from 2009 also supports this claim, stating that money problems are one of the leading predicators of divorce, preceded only by drug abuse and infidelity. In order to avoid a financial situation that could lead to divorce, it is important to be aware of the six common money mistakes couples make:

1. Lack of or Poor Communication

   Money is often treated as the elephant in the room by married couples when it is, in fact, one of the most important topics needing discussion. Talk to your significant other about finances early on in the relationship so that there are no surprises later on.

2. Secrets

   Many married couples hide spending from the other, be it a small or big purchase. For some, it has to do with not feeling like a child who must ask for permission. This can end up creating more problems in the long run. Secrets are secrets, regardless of what is being hidden, and secrets take their toll on a marriage.

3. No Budget

   Keeping track of who spends what can be very difficult without a budget. Making sure both spouses are responsible for adhering to a set budget can ensure that there is always enough money for fixed monthly expenses and that neither spouse overspends.

4. No Will

   Married couples need to be financially prepared for the inevitable. Hashing out the financial details of a will can ensure that both spouses are prepared.

5. Ignoring Differences in Spending Habits

   Just because one spouse likes to shop and the other likes to save does not mean they should not try to find a common middle ground. Leaving each to their own will only exacerbate financial problems in the future.

6. Sharing is not Always Caring

   It may not be practical to share everything, especially early on in a relationship. You may find yourself in a situation that leaves you financially indebted or insecure.

There are various reasons why a couple may decide to divorce; some are preventable, but oftentimes, marital troubles cannot be worked out. If you are considering divorce in Colorado, the dedicated Denver divorce lawyers at Kaplan Law, LLC, can help you understand your legal rights and options so that you can make an informed decision. Contact us today at (303) 458-5500 for a consultation.

Family Hardships Common for Soldiers Returning Home

By Denver Divorce Lawyer on December 8, 2011

When President Obama announced in October that all American soldiers will be home for the holidays, the country rejoiced. In fact, on December 4, 2011, more than 150 Fort Carson, Colorado soldiers from the 59th Military Police Company, 759th Military Police Battalion, were welcomed home and honored with a special ceremony, according to KRDO.com. But just because soldiers are returning home from military life, it does not mean that the battle is over. Many veterans are finding it very difficult to readjust to civilian life and family life after being away for so many years. For many, family life is not an adjustment that they can make. Marriages where one spouse is an active service member often end in divorce.

According to the Ventura County Star, many Iraq veterans feel more comfortable with their combat buddies than their own families. Furthermore, they feel more comfortable in Iraq than at home. Many military veterans have such a hard time trying to reintegrate into family life that they seek redeployment. There are a wide range of issues that could keep a “military family” from succeeding. In some cases, the at-home spouse may not want to relinquish the control he or she had over their household while their spouse was deployed. On the other hand, when the deployed spouse returns, he or she may expect that his or her spouse and/or children will respond to orders.

In addition, many veterans suffer from Post-Traumatic Stress Disorder (PTSD), which can cause nervousness, irritability, agitation, impatience, aggression, and other effects. Alcoholism is often associated with PTSD. With all these obstacles to face when coming home, it is common for military members to divorce. According to U.S. Pentagon statistics, the military divorce rate increased from 2.6 percent in 2001 to 3.6 percent in 2009. It remained about the same in 2010.

Coming home is something most soldiers dream about. They want to return to either their husbands or wives and children. Once they get home, however, they face an uphill battle. At Kaplan Law, LLC, our experienced divorce lawyers in Denver understand that it is not always possible to hold onto a marriage, but we are committed to making sure that our clients make an informed decision about what is best for themselves and their families. If you are interested in determining whether divorce is the best option for you, we can help. Call us today at (303) 458-5500 for a consultation.

October is Conflict Resolution Month in Colorado

By Denver Divorce Lawyer on October 27, 2011

Conflict makes people’s lives more difficult by adding stress and negativity, which then exacerbates the original conflict. Conflict occurs everywhere but it is especially burdensome when it occurs within the home and with a spouse and/or children. There are many reasons why conflict may arise within the home, some trivial and some not. One of the most common points of contention, in the current economic decline, is finances, including spending and debt. Other conflicts may arise over parenting, time management, diet and health, home improvement, lack of communication, or even different goals and aspirations.

Oftentimes, these conflicts can be resolved, making family life much more comfortable, peaceful, and open. October is Conflict Resolution Month, a time to encourage resolutions, as such, various Colorado organizations are holding conferences, workshops, and seminars exploring topics relevant to conflict as well as offering training. The following include a few of the offerings held so far this month and a few lie ahead:

• October 21, 2011 - Montrose
  8:30 a.m., $60 including lunch: ADR Applications for Family Cases – Colorado AFCC’s Fall Conference

• October 24, 2011 – Denver
  6:30 p.m., $149: The Art of Listening – Transforming Relationships through Empathy

• October 24-28, 2011 – Colorado Springs
  $895 + materials fee: 40-Hour Basic Mediation Training

• October 27, 2011 – Denver
  12:00 p.m.: The Five Percent: Finding Solutions to Seemingly Impossible Conflicts

For more information on these and other conflict resolution workshops, trainings, and conferences, please visit: http://conflictresolutionmonth.org/.

When there is conflict between spouses, it creates stress, antagonism, and unhappiness in the marriage. Unfortunately, sometimes the conflicts between and husband and wife go too deep to be resolved and the only solution is to dissolve the marriage. At Kaplan Law, LLC, our experienced divorce attorneys in Colorado understand how difficult and stressful a divorce can be, especially for spouses who have been in conflict for a long time. If you are considering divorce in CO, contact one of our lawyers today at (303) 458-5500 for a consultation. We will answer all of your questions and address all of your concerns.

U.S. Census Report Defines Regional Trends in Divorce Rates

By Denver Divorce Lawyer on September 23, 2011

The U.S. Census Bureau released a report recently entitled, “Marital Events of Americans: 2009” which presents varying divorce rates for men and women by region, according to The Huffington Post. The Census Bureau based its findings on 2009 data from the American Community Survey. According to the report, both men and women in the southern region of the nation have the highest divorce rates, whereas those in the Northeast have the lowest.

The Census defines the “South” as Delaware, Virginia, West Virginia, District of Columbia, Maryland, Georgia, Florida, Alabama, North and South Carolina, Mississippi, Kentucky, Arkansas, Louisiana, Tennessee, Oklahoma, and Texas. In the South, there are 10.2 divorces per 1000 men and 11.1 per 1000 women, both above the 2009 national average of each which is 9.2 for men and 9.7 for women. The higher divorce rates are, in part, due to the South’s higher marriage rates, according to a Census Bureau demographer.

The Northeast, which the Census defines as Maine, Connecticut, Massachusetts, Rhode Island, New Hampshire, New Jersey, Vermont, Pennsylvania and New York, has a divorce rate of 7.2 per 1000 for men and 7.5 per 1,000 for women, with the exception of Maine which has one of the highest divorce rates in the country for men and women. The lower divorce rates in the Northeast may be attributed to lower marriage rates.

In Colorado, the divorce rate in 2009 was 4.2 per 1,000 people for both men and women. It is the lowest point in Colorado’s history since 2003. The downward trend may not last, however, as the decrease is greatly attributed to the recession. As the economy recovers, so may the divorce rate.

There are many factors that influence divorce in Colorado, only one of which is the state of the economy. It is a big decision that will affect you emotionally and financially. The experienced Boulder divorce attorneys at the distinguished Colorado divorce law firm, Kaplan Law, LLC, can help you decide whether divorce is the best course of action for your particular situation. To learn more, contact us today at 303-458-5500.

Divorce Doesn’t Mean the End of Strong Parent-Child Relationships

By Denver Divorce Lawyer on July 25, 2011

The process of divorce is usually highly emotionally charged, and sorting out important issues like spousal support, child support, custody, and visitation can put a strain even on the strongest families. Once the dust has settled, however, many parents and children find that the bonds between them are strengthened, according to Huffington Post contributors Jonathan Weiler and Anne J. Menkens.

First, parents who find themselves as “single parents” sharing custody often discover that the shared-parenting arrangement has two benefits. First, it gives each parent a periodic break from parenting, so that each can rest and also pursue “grown-up” interests. When the parent and child are together, it makes each parent the primary caregiver, which can strengthen the bonds between parent and child and allow a parent who used to play “backup” learn what it’s like to be on the front lines.

Another fringe benefit: each parent can provide the type of care and relationship they are best at, without worrying that it means their child isn’t getting enough socialization, alone time, or other needs. Because the child now has two households, the parents can work together to provide the kind of well-rounded environment in which children can thrive.

Colorado law presumes that children are best off with both natural parents, since changes in parenting arrangements take time and care if children are to adjust. When a divorce is needed, however, parents can work together to create a relationship where each parent gets valuable time with the child and the child can enjoy spending time with and learning from each parent.

At Kaplan Law, LLC, we understand the value of parent-child relationships, and we work hard to help those going through a divorce get the support and child custody arrangement they and their children need to move forward. If you are considering a divorce, please don’t hesitate to call our divorce attorneys in Denver at 1-877-527-5260 for a free and confidential consultation.

Mediation May Offer “Best Practices” For Settling the Financial Questions in a Colorado Divorce

By Denver Divorce Lawyer on June 30, 2011

When business partners discover that their business can’t pay its bills, or that the partners aren’t able to work together, they often ask themselves, “What ways have other people tried to get out of this situation? What are some ‘best practices’ that can resolve our problem with a minimum of hassle and a maximum benefit for everyone involved?”

These questions also apply to a marriage that is falling apart. There are ways to exit your marriage while reducing stress and maximizing benefits for you, your spouse, and your children. However, many people do not ask themselves what the “best practices” for a divorce are. Divorce can be emotionally exhausting, but even the most heart-wrenching separations can benefit from the use of practices like mediation.

Mediation is often used to settle business disputes by allowing parties to work out their differences themselves with the help of a neutral mediator who helps the parties control their emotions and stay on track. When it comes to divorce, mediation offers many of the same benefits. It also gives a couple the chance to decide issues like child custody, child support, spousal support, and division of assets and debts without having to leave those choices to the mercy of a court.

An experienced Colorado divorce attorney like those at Kaplan Law, LLC understands how to use mediation effectively to ease the strain of divorce and to ensure that you and your children get what they need. If you are considering divorce in Colorado, call Kaplan Law today at 1-877-527-5260 to schedule your confidential consultation today.

Three Ways to Protect Your Credit during a Colorado Divorce

By Denver Divorce Lawyer on June 23, 2011

A big part of divorce proceedings for any couple is deciding how to split the marital assets - and the debts. Unfortunately, property that the couple once thought of as an asset, such as the family home, can turn into a huge liability after the spouses separate, leaving one or both of them with mounting debt and damaged credit.

Luckily, there are ways to help protect your financial health during Colorado divorce proceedings, allowing you to exit your marriage without destroying your credit. These include:

1. Closing joint accounts. Protect your cash, certificates of deposit, and other investments by closing joint bank and investment accounts and moving your assets to an account in your name only.
2. Removing yourself as an authorized user from your spouse’s accounts. If your spouse has added you to any of his or her accounts, write to the institution that maintains the account and ask to be removed as a user. Leaving your name on your spouse’s accounts could make you responsible for any debts your spouse owes under those accounts.
3. Having your family home and other valuables appraised. An experienced appraiser can tell you what the family home and any other significant assets are worth, which tells you how much you should ask for as your share of the deal. Remember that you and your spouse are equally responsible for the mortgage until the house is refinanced in one person’s name only.

An experienced Colorado divorce attorney like those at Kaplan Law can help you protect your credit and emerge from a divorce with the financial means and support to move on with your life. To learn more about how Kaplan Law can help you, call us at 1-877-527-5260 today.

Colorado Divorce Rate Drops Along With Housing Values

By Denver Divorce Lawyer on June 16, 2011

As housing values have fallen in recent years, the Colorado divorce rate has gone along with them, according to an article in The Denver Post. Over the last several years, divorce lawyers in Colorado have noticed a decrease in the number of people seeking to end their marriages. Prior to the recession, a spouse who was allowed to keep the family’s house during a divorce usually came out of the divorce doing well, financially. That changed, however, when the housing bubble burst. Recently, many couples have put off divorce because neither one can afford to be saddled with the debt attached to the family home; particularly if the couple is “underwater”, or owes more money than the house is currently worth.

In 2011, the Colorado divorce rate hit a near-record low of 4.2 percent per 1,000 people. While this may sound like good news, it also means that the economy is forcing people to live together who, in better times, would choose to live separate lives. In the face of underwater mortgages, unemployment, and rising food and energy costs, many people feel unable to find the resources to divorce, even if they want to do so.

Divorce is an emotionally charged process, and it can be difficult to focus on the financial facts of what you will need to live on once the marriage ends. The experienced Colorado divorce lawyers at Kaplan Law can help. We will discuss your needs and wants with you and fight to ensure you have what you need to move on with your life. To learn more, call Kaplan Law today at 1-877-527-5260 for a free and confidential consultation.