Family Law Blog

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

By admin 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 admin 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 admin 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 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

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

Wives Find Themselves On the Giving End of Spousal Support

By admin on October 28, 2009

With more and more women finding themselves as the primary wage earners in their respective families, it is becoming a more common occurrence that divorcing husbands are on the receiving end of spousal support payments. An abcnews.go.com article recently talked about the growing trend of women being required to pay spousal support to their former husbands. While some of the women cited in the article don’t mind the payments, there are still others that don’t see such a financial arrangement as being in their best interest.

According to the article, the number of men receiving alimony payments has almost doubled in the 10-year period of 1998-2008. That is, whereas only 7,000 men reportedly received alimony payments from their ex-wives in 1998, 13,000 men received payment in 2008. With the job market depleting, and more and more men finding themselves out of work, it stands to reason that wives who have managed to hold onto their jobs find themselves more likely to have to pay some sort of support to their former spouses, especially when those wives were making higher salaries than their former husbands were in the first place. Furthermore, the article also points out that men are now more comfortable with asking for spousal support from their ex-wives, and that the stigma associated with men having to ask for such payments is slowly fading away as the years pass.

The poor economic climate, and the depletion of jobs predominantly held by men, such as those in the construction industry and finance, has created a greater population of men finding themselves with significantly less income or no income stream at all. As consequence, the need for an experienced Colorado spousal support attorney has never been greater.

The skilled 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 that will fight for your best interests at all times. Denver’s family law attorneys at Kaplan Law, LLC understand how stressful 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 options.

Source:http://www.abcnews.go.com/Business/role-reversal-wives-angry-paying-alimony/story?id=8662940

Economic Woes Can Prolong Divorce

By admin on October 21, 2009

A recent article featured on the website ozarksfirst.com discussed the impact that the down trodden economy is having on married couples and those looking to marry. Specifically, the website cites USA Today and MSN Money reports that explain how people seem to be holding off on both marriage and filing for divorce due to worries regarding the potential costs associated with each. According to the national average, one out of every two marriages will end in divorce. However, one can assume that, if people truly are putting off divorce due to the potential monetary costs associated with it, then the number of couples that actually want a divorce could be much greater than the 50% who actually go through with it.

The article reasons that many individuals may be either unemployed or underemployed, and that could be the reason why divorces and marriages are being put off. Financial struggles are one of the most common reasons cited for arguments that ultimately lead to divorce. The article also states that 60 to 70 of people now choose to live together prior to marriage, a practice that in and of itself is relatively close to the rigors that officially being married to one another actually has to offer. By the time couples may decide it’s time to actually enter into marriage, those couples may go through with the marriage, but ultimately may be skeptical about whether or not the marriage will last, and are more susceptible to decide that, in the end, it won’t last.

Regardless of your marriage situation, a divorce can seem overwhelming at first. Whether you’re unemployed or underemployed, chose to live together for years prior to marriage or simply chose to wait until after the marriage, or have come to the conclusion that your marriage just won’t work, divorce proceedings can be complicated. If you are seeking a divorce from your spouse, it is in your best interest to retain the services of an experienced divorce attorney that will help sort through every detail of your divorce proceedings.

The skilled attorneys at Kaplan Law, LLC represent all types of divorce cases. Remember, divorce can completely change a person’s life, and as a consequence may be accompanied by tremendous amounts of stress. The divorce attorneys in Denver at Kaplan Law, LLC understand how stressful 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 and your options.

Source:http://ozarksfirst.com/content/fulltext/?cid=196562