Family Law Blog

How to Get Through the Holiday Season after Divorce

By Denver Divorce Lawyer on December 20, 2011

The fall and winter holidays are a time for festive family celebrations with the ones you love; however, for a recently divorced couple, the holidays arrive not in an atmosphere of anticipation, but one of dread. For many divorcees, the holidays are a reminder that they won’t be celebrating with their spouse and/or children, but this does not mean that they must spend the holidays depressed and lonely. There are many different ways a person who is divorced can remain positive and hopeful and still enjoy the holidays.

Make plans. Don’t leave the holidays up to chance. Connect with family and friends and make plans to join them for some part of their holiday celebration, whether it is an intimate Christmas day brunch or a big New Year’s Eve party. They care about you and will be happy to have you. If you will be alone for the holidays, that’s okay. Make plans for yourself. See a movie, cook yourself a special dinner, go out to see Christmas lights, or whatever else you feel like doing.

Create new traditions. Trying to keep your former holiday traditions is a surefire way of making sure you will be disappointed, if not depressed, during the holidays. Designate your own special day to celebrate the holidays with your children; get together with friends on holidays where you would be alone; or create any other new tradition.

Be flexible. This is a close relation to “create new traditions.” Be open to celebrating the holidays in different ways and with different people. Also, don’t focus so much on the day itself when it comes to spending the holidays with your children. It’s the celebration they remember, not necessarily the actual day.

Ask for support from friends and family. Having a support system is very important after a divorce. Having family and friends that care about you is a valuable resource for you while you cope, but they need to know you want help.

There are difficult times ahead after a divorce, but it is sometimes necessary. If you are considering divorce in Colorado, or have questions about any other family law matters, the experienced family law lawyers in Denver at Kaplan Law, LLC, can help. Call us today for a consultation at (303) 458-5500.

Attorney-Client Confidentiality Void for Certain Colorado Cases Involving Children

By Denver Divorce Lawyer on November 22, 2011

In a recent ruling, the Colorado Supreme Court has established that attorney-client privilege does not protect conversations between children and the lawyers who represent them in parent responsibility, neglect, or abuse cases, according to an article in The Denver Post. The ruling is based on a case from 2005 that involved alleged sexual assault on a child. The child did not give her guardian ad litem approval to tell the court what she confided, thus resulting in a weaker prosecution and case dismissal. A guardian ad litem is a lawyer that has been appointed to represent a child. Most often, a guardian ad litem is appointed for children who have been abused, neglected, or are in foster care. A Child’s Legal Representative who is similar to a guardian ad litem, may also be appointed in a child custody battle between divorcing spouses. His or her job is to assess the situation and make recommendations to the court based on what is in the best interests of the child. It is likely that this recent ruling applies to CLRs as well as GALs.

The decision to remove attorney-client privilege from a child and their guardian ad litem sparked much debate. On the one hand, child advocates believe that the trust between a child and their guardian ad litem should never be broken. Many abused, neglected, or troubled children may feel betrayed if their attorney divulges information they were told in confidence. On the other hand, many child advocates believe that this ruling is in keeping with the purpose of a guardian ad litem, which is to act in the best interests of the child regardless of the child’s desires. Parent responsibility and parenting time are some of the most contentious parts of the divorce process. If there are serious allegations from one parent about the other, or if neither parent can agree or compromise on a custody arrangement, the decision will be taken out of their hands. At Kaplan Law, LLC, our dedicated family law attorneys in Colorado believe that the custody ruling should reflect the best interests of the child and are committed to working towards that goal. If you have children and are considering divorce, call us today to learn more about your legal options at (303) 458-5500.

Help End Violence against Women, Men, and Children during Domestic Violence Awareness Month

By Denver Divorce Lawyer on October 17, 2011

October has taken on the responsibility of National Domestic Violence Awareness Month (DVAM) for the last 24 years and played a vital role in raising awareness of domestic violence in our society and helping battered women, men, and children find the support they need. Organizations like the National Coalition Against Domestic Violence (NCADV) encourage community support and involvement towards the ultimate goal of ending domestic violence.

Domestic violence, or Intimate Partner Violence (IPV), is defined as willful abusive behaviors and actions, such as physical assault, intimidation, sexual assault, and battery, committed against a spouse, child, or intimate partner. The consequences of domestic violence can run deep and last a lifetime. Battered women, men, and children suffer emotional and psychological trauma, physical injury, and, in extreme cases, death. In a society where many cases of domestic violence are never reported, it is important to reach out to those afraid to cry out.

The vital first step in ending physical and/or emotional abuse is removing oneself from the situation. If you or a loved one has suffered from domestic violence in Colorado, the compassionate Denver protective order lawyers at Kaplan Law, LLC, can help. Both civil and criminal courts handle domestic violence cases in Colorado. They pursue protective orders on behalf of the abused victim or victims and initiate criminal proceedings if necessary. At Kaplan Law, we can give you the support and guidance you need to persevere during such a difficult time. Contact us today for a confidential consultation at (303) 458-5500.

What are Grounds for Annulment in Colorado?

By Denver Divorce Lawyer on July 19, 2011

An annulment is a legal declaration that a marriage was never valid. Unlike a divorce in Colorado, which states that a valid marriage took place but is now officially ended, an annulment is used only for marriages that were never valid under Colorado law to begin with.

Colorado law limits annulments to the following situations:

• (a) a party lacked capacity to consent to the marriage at the time the marriage was solemnized, either because of mental incapacity or infirmity or because of the influence of alcohol, drugs, or other incapacitating substances; or
• (b) a party lacked the physical capacity to consummate the marriage by sexual intercourse, and the other party did not, at the time the marriage was solemnized, know of the incapacity; or
• (c) a party was underage as provided by law and did not have the consent of his parents or guardian or judicial approval as provided by law; or
• (d) one party entered into the marriage in reliance upon a fraudulent act or representation of the other party, which fraudulent act or representation goes to the essence of the marriage; or
• (e) one or both parties entered into the marriage under duress exercised by the other party or by a third party, whether or not the other party knew of that exercise of duress; or
• (f) one or both parties entered into the marriage as a jest or dare; or
• (g) the marriage is prohibited by law, including the following:
  • (I) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties; or
  • (II) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood; or
  • (III) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures; or
  • (IV) A marriage which was void by the law of the place where the marriage was contracted.

An annulment is not an option for every Colorado couple, but for those who can use an annulment to separate, it may provide a preferred alternative to divorce. If you are considering separation or divorce in Colorado, please don’t hesitate to contact the experienced family law attorneys in Denver at Kaplan Law, LLC. To learn more, please call our law offices today at 1-877-527-5260 for a free and confidential consultation.

Colorado Legislature Votes Down Same-Sex Civil Unions

By Denver Divorce Lawyer on May 4, 2011

The Colorado House Judiciary Committee recently voted to turn down a bill that would have allowed same-sex couples to enter into civil unions recognized by state law, according to Reuters. The committee consists of five Democratic representatives and six Republican representatives.

If it had passed, the bill would have allowed same-sex couples who enter civil unions to receive many of the same legal recognition and options that married couples in Colorado have. These include the rights to make medical decisions for one another should one spouse become incapacitated and the right to share in a spouse’s insurance or retirement benefits. Spouses would have also been able to receive maintenance payments, child support, and visitation rights should the couple later choose to divorce.

Supporters of the defeated bill are considering several alternative options, including introducing the bill in the next legislative session or putting the same-sex civil unions measure up for a popular vote. Colorado voters turned down a similar ballot measure in 2006.

When a married couple in Colorado considers divorce, each spouse also has to consider several related issues. These include which spouse, if either of them, will receive maintenance payments from the other spouse, who will have physical or legal custody of the children, and whether child support payments are necessary. If you are considering divorce in Colorado, an experienced Colorado family law attorney like those at Kaplan Law, LLC can help you understand your legal options and fight for the best arrangement for you and your children. Call Kaplan Law, LLC today at 1-877-527-5260 today for a confidential consultation.

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.

Issues Surrounding Grandparents’ Minimal Visitation

By Denver Divorce Lawyer on February 4, 2010

Grandparents are not always thought of in child custody cases. For many families though, grandparents can provide stable environments for children and, as consequence, shouldn’t be forgotten about when it comes to child custody and parceling out visitation rights. According to a chicagotribune.com article, grandparents can sometimes find themselves completely at the mercy of their grandchild’s parent, and there is little they can do about it.

Reportedly, two grandparents in Iowa are having a very difficult time spending time with, and even seeing, their two grandsons. The article explains that the boys’ mother passed away, that they now reside strictly with their father, and that their father (son-in-law to the aforementioned grandparents) chooses to rarely respond to visitation requests made by the grandparents. This renders their time with the grandchildren practically non-existent. Legislation in the state of Iowa, where this particular story is playing out, does not make it very easy for grandparents to see the grandchildren, particularly when one of the children’s parents is deemed fit and capable of raising the children and the best interests of the child are satisfied. In the eyes of the courts, grandparent visitation rights are the decision of the children’s parent or parents. Grandparents have little recourse in the way of filing suits, especially since, if such a visitation suit is sought and lost, the grandparents may never again see their grandchildren.

In the state of Colorado, the best interests of the child always take precedent in child custody and visitation rights hearings. If you are a grandparent and are seeking visitation rights of your grandchild, contact an experienced Colorado child visitation rights attorney at Kaplan Law, LLC. Our skilled Denver family law attorneys will examine the circumstances of your visitation rights case, and will work on your behalf to ensure that your rights are not infringed upon in a court of law. For more information about grandparents’ rights, please call us today at 1-877-527-5260.

Source:http://archives.chicagotribune.com/2009/dec/20/local/chi-ap-ia-grandparentsright

Communication Styles Could Be an Early Indication of Imminent Divorce

By Denver Divorce Lawyer 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 Denver Divorce Lawyer 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