Family Law Blog

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

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

By Denver Divorce Lawyer 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 Denver Divorce Lawyer 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 Denver Divorce Lawyer 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 Denver Divorce Lawyer 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 Denver Divorce Lawyer 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

Much to Consider With Division of Assets

By Denver Divorce Lawyer on October 7, 2009

In divorce proceedings, division of assets can be especially problematic, particularly if divorcing parties are not on the best of terms and emotion is conflicting with what law deems is necessary in dividing said assets. According to About.com, property is placed into one of two categories: marital or non-marital. Marital property is that which was accumulated by either or both parties during marriage, while non-marital property refers to those goods that were acquired on an individual basis by each member of the divorcing party prior to that party’s marriage.

Marital property is split up amongst divorcing parties in an equitable manner, not equal. The split need only be deemed fair and just by the court system, and does not have to equal an exact 50-50 split of acquired assets. However, there are certain assets that, while having been acquired during marriage, are not considered to be marital property. Gifts, property acquired in exchange for property that was acquired prior to marriage, and property that the divorcing parties have agreed upon not to be included in marital assets, are all items that cannot be equitably divided, in addition to non-marital property.

In dividing property, numerous details are taken into consideration. How much a spouse contributed to the overall well-being of the marriage is taken into consideration, as well as the value of the property belonging to each spouse, how long the two members of the now-divorcing party were in fact married, and who will assume custody of the children (if present). It should be noted that much weight is placed upon the needs of the children, as their general well-being and ability to cope with the divorce with as much ease as possible are both high priorities of the court system. Furthermore, “the age, health, occupation, amount and sources of income, vocational skills, marketable skills, estate, liabilities, and needs of each of the parties”, as well as an individual’s ability to reasonably acquire future assets and income, are also taken into consideration to help make the division of assets as equitable as possible.

If you are going through a divorce, and would like to protect your assets and matrimonial rights, don’t hesitate to contact a skilled divorce attorney at Kaplan Law, LLC. Our experienced Denver property division attorneys will fight for your best interests, and will ensure that your right to an equitable division of assets is not infringed upon. Please call us today at 1-877-527-5206 for more information.

Source Article: http://divorcesupport.about.com/od/propertydistribution/f/propertydistr.htm

Stepparent Adoption Done Right

By Denver Divorce Lawyer on September 30, 2009

Stepparent adoption is a process through which a child’s biological parent surrenders his or her rights to the new spouse of the other biological parent. Once such an adoption occurs, the relinquishing biological parent surrenders all rights and responsibilities for the child, including visitation rights and child support payments. According to Colorado statute 25-2-113.5, “adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his adoptive parents.”

Laws can vary from state to state in regard to the necessary steps that need to be taken to become an adoptive parent, so it is good idea to consult with qualified legal counsel prior to starting the adoption process. In most cases, consent of some kind needs to be given by the parent that is relinquishing parental rights, and parties involved will need to appear before a judge. The person petitioning to become the stepparent may have to submit to background checks or other forms of screening. In any event, all the necessary paperwork must be filed in order to make the adoption process official.

Some helpful steps to remember during the adoption process may help prevent error from arising. Becoming aware of adoption laws in your area, preferably with an experienced family law attorney by your side, contacting the court, filing the necessary paperwork, and attending all court dates are effective ways of making your adoption experience that much simpler. First and foremost, remember that the well-being of your child should always be placed at the forefront of all decisions that are going to affect him or her.

The experienced Denver family law attorneys at Kaplan Law, LLC are well-versed in a wide range of family law matters and are here to help answer all your adoption questions. If you are a stepparent and are looking to become the legal guardian of your spouse’s child, please don’t hesitate to contact Denver’s family law attorneys at Kaplan Law, LLC. Call us today at 1-877-527-5206 for more information.

Source Article: http://www.childwelfare.gov/pubs/f_step.cfm

Colorado Divorce FAQs

By Denver Divorce Lawyer on September 23, 2009

A recent article on divorcenet.com contained some commonly asked questions about Colorado divorce. Many states view divorce differently and have different rules as to what may warrant a divorce. The State of Colorado follows a “no fault” divorce law, which means that either the husband or wife can request dissolution of marriage merely because the marriage is broken and they do not feel that the marriage can be repaired.

The FAQs that are listed in the article cover everything from how long you have to live in Colorado in order to get a divorce (generally speaking, 90 days), to the options for serving a spouse who lives in a different state (local sheriff’s department, mail, publication). The questions also cover the area of ‘no fault divorces’. Colorado is a no fault divorce state, which essentially means that the divorce courts do not take into account any “blame” when it comes to determining the end of a marriage. The assumption is that both the husband and wife contributed to the end of the union.

Colorado Family Law can be exceedingly complex. The laws governing the dissolution of marriage and the final division of assets and parenting time are best examined by a qualified Colorado divorce, spousal support, and child custody attorney. The attorneys at the Kaplan law group have devoted their practice to that of Denver Family Law. Our attorneys can help represent your interests when it comes to the questions regarding the property, alimony/maintenance, child support, custody, and parenting time involved in Colorado family law matters.

Let Kaplan Law be your source for legal advice and representation. The family law attorneys and Denver divorce lawyers will work your case with the experience and resources it takes to attain a favorable ruling. Call today to speak with a Colorado divorce lawyer or Denver family law attorney.

Source report:http://www.divorcenet.com/states/colorado/cofaq06

Couples Divorce Less As They Get Older

By Denver Divorce Lawyer on September 16, 2009

According to divorcestatistics.org, half of all marriages that occur in the United States this year will result in divorce, or at least it is estimated that they will. Divorce rates are not exact by any means, but it can be very reasonably speculated that divorce rates nationwide range anywhere from 40% to 50%, and that parties involved will undoubtedly have to endure unwanted stress and probably guilt in the process.

A greater percentage of men and women between the ages of 20 and 24-years-old get divorced each year than any other age group in the United States. An astounding 36.6% of women and 38.8% of men divorced belong to the aforementioned age group. As age increases, the rate of divorce among age groups steadily declines, leading some to question whether or not people are marrying, not necessarily at too young of an age, but before they are fully ready to accept the rigors that come along with marriage. One stance could assume that younger couples are not as emotionally attached as older couples are, and are therefore more susceptible to accepting divorce as means of correcting a seemingly failed endeavor in marriage.

Interestingly enough, children also play a factor in whether or not a couple divorces, with the likelihood of ending a marriage greater among childless couples than it is among those couples with children. That is, 66% of couples do not have children together, while the remaining percentage does, leading some to believe that having children may help ease the stresses associated with loneliness and general weariness. Regardless, stress can often times be great enough that circumstances, no matter how helpful, will unfortunately lead to calling an end to the marriage vows.

The lawyers at Kaplan Law, LLC are knowledgeable in all types of divorce cases, and have experience handling divorce litigation in the state of Colorado. If you are going through divorce proceedings and need an attorney that will always have your best interests in mind, please call us today at 1-877-527-5206. At Kaplan Law, LLC, our divorce lawyers in Denver understand how difficult divorce can be on a person’s well-being, and work towards making divorce proceedings as easy and equitable as possible.

Source Article:http://www.divorcestatistics.org/