Colorado Family Law

Colorado Man Finally Sees Results during 4-Year Fight for Daughter

Denver Divorce Lawyer — Mon, 07 May 2012 20:30:10 +0000

Four years ago, a Colorado man’s relationship with his then girlfriend failed and the man worried that his girlfriend, who was pregnant at the time, would give up the baby, so he filed a paternity lawsuit in Colorado. Unfortunately, his ex-girlfriend gave birth in Utah and then gave the baby to family without her ex-boyfriend’s consent. This began a long and still ongoing interstate war for the man’s paternal rights. According to an article on KSL.com, however, a significant battle has been won.

The man’s paternity suit in Colorado did not achieve anything since his ex-girlfriend gave birth in Utah and the initial paternity action filed in Utah was dismissed. After being appealed in the Utah Supreme Court and then being sent back to district court, the case was moved back to Colorado.

In addition to ruling that the case be moved back, the Utah judge also ordered that a therapist work with the man and his daughter to aid in the development of a relationship between the two. The hearings being held in Denver now do not relate to paternity but to custody, or as Colorado refers to issues of custody and visitation: parenting time and parental decision making. Although there is still a lot of work to do to achieve success, the Colorado court is no longer debating the parent-status of the father.

Paternity and child custody issues can be very complex. If you are experiencing a stressful situation, or expect one, regarding paternity in Colorado, the experienced Denver paternity lawyers at Kaplan Law, LLC, can help you come to an efficient resolution. To learn more about how we can help you, contact us today for a consultation at (303) 458-5500.

You’ve Decided You Want a Divorce, Now What?

Denver Divorce Lawyer — Fri, 27 Apr 2012 01:17:56 +0000

Deciding to divorce is difficult, but after you’ve made it over that hurdle you find another: How do you proceed? No two relationships are alike, no two marriages are alike, and, thus the same type of divorce does not work for every marriage. According to Forbes, once you’ve decided to divorce, you need to decide what type of divorce is best for you and your spouse. Generally, there are four main options for divorce:

Do-It-Yourself Divorce. Generally, do not choose a DIY divorce. Trying to get through the complex process of divorce yourself can lead to irreversible mistakes that can adversely impact your future. The only time a DIY divorce may be better than a more traditional avenue of divorce is when it was a short marriage, as there are little to no marital assets or debts, no children, no spousal support, and comparable incomes.
Mediation. In mediation, the divorcing couple negotiates a divorce agreement on all aspects of their divorce with a neutral mediator, who may or may not be a lawyer. Mediation does not mean you do not need an attorney, however. You should still consult with your own attorney during the mediation process. If you don’t get along with your spouse enough to be civil and fair during mediation, this may not be the option for you.
Collaborative Divorce. In collaborative divorce, each spouse has their own attorney who advises them on settlement negotiations, which occur outside of court. Although the collaborative process is usually less expensive and quicker than traditional litigation, it can end up being more expensive and take much longer if the negotiations fail and the couple must start all over again. A highly contentious divorce may not be resolved through collaboration.
Litigation. The most common divorce option is litigation, which involves one spouse bringing a lawsuit for divorce against the other. If one spouse wants the divorce while the other does not, litigation is typically the only option.

Determining the best course of action once you’ve decided on divorce can be very difficult. If you are contemplating divorce in Colorado, but are unsure of the divorce options available to you in your particular situation, the knowledgeable divorce lawyers in Denver at Kaplan Law, LLC, can help you make an informed decision. To find out more, contact us for a consultation at (303) 458-5500.

Avoiding Common Pitfalls of the Step-Grandparent – Grandchild Dynamic

Denver Divorce Lawyer — Thu, 19 Apr 2012 22:36:02 +0000

Divorce and remarrying can have a significant impact on children. But gaining a step-parent is not the only emotionally difficult change a child may have to face. Building a strong relationship with a child as a step-grandparent is also challenging, for both parties. The relationship between a grandparent and grandchild is very special, but a step-grandparent may find it difficult to fall into that role, according to The Huffington Post.

The article states that experts predict at least one-third of grandparents will eventually gain a step-grandchild, but that building a loving relationship with that child may be difficult. These tips can help both step-grandparents develop a strong and long-lasting relationship with their grandchildren that can withstand divorce, remarriage, and any other obstacles that come their way:

As a step-grandparent, do not come on too strong/too quickly. Remember that until your step-grandchild gets to know you, you are a stranger;
It may take longer to establish trust with a preteen or teenage step-grandchild, but it is important to keep trying;
Avoid the urge to overcompensate as it may impact your relationship with your biological grandchildren;
If you are a long-distance grandparent, make sure to send a card on special occasions and birthdays to show you care. Calling or emailing to say hello every so often is also a good gesture, but remember not to push too hard;
Make the effort to get to know your step-grandchildren individually;
Recognize that your step-grandchild may resent the remarriage, and that even if the step-grandchild is not especially approachable, they are still looking for acceptance;
Avoid complaining about your step-grandchild to your child;
Look for a common ground. You may not be able to build the relationship you want, but that doesn’t mean you can’t build any relationship.

As experienced family law attorneys in Colorado, we provide our clients with the legal guidance and support they need in a wide range of family matters. To discuss your particular situation with one of our lawyers, call Kaplan Law, LLC today for a consultation at (303) 458-5500.

New Study Establishes Link between Life Expectancy and Divorce Rate

Denver Divorce Lawyer — Thu, 12 Apr 2012 22:11:22 +0000

Queen’s University in Ontario, Canada, recently released a study that reveals a correlation between a person’s life expectancy and the likelihood that they would divorce. According to an article in The Huffington Post, the study’s author states that life expectancy can predict when men and women get married as well as when, and if, they divorce.

The focus of the study was on the relationship between lifespan and life decisions, but not the individual motivation or psychology behind those decisions. Researchers collected and compared population statistics with birth records, marriage certificates, and other relevant court documents. In the United States, Ohio’s Bowling Green State University collected Census data which, after a thorough analysis, determined that the divorce rate of baby boomers increased over 50 percent in the last 20 years, despite the fact that the nation’s overall divorce rate has stabilized. This reveals a tendency for people who start living longer to be less tolerant of being in an unhappy marriage.

The theories presented in the study find that people with shorter life expectancies are less likely to divorce knowing that they would have the opportunity to find someone better. This study suggests that the less time a person has, the more satisfied that person would be in their marriage.

Divorce is not black or white and there are many factors that a person considers, consciously and subconsciously, to come to a final decision. At Kaplan Law, LLC, our knowledgeable Colorado divorce lawyers recognize how difficult it is to determine whether divorce is the right thing to do. That is why we are committed to providing each and every client with the information they need to make an informed decision. To speak to one of our attorneys, call us today for a consultation at (303) 458-5500.

Mistakes Men Should Avoid in Child Custody Disputes

Denver Divorce Lawyer — Wed, 04 Apr 2012 22:03:46 +0000

In Colorado, child custody matters are referred to as parenting time and parental decision making. In divorce cases involving children, the allocation of parenting time and parental decision making often fall under dispute between parents. A common stereotype in the U.S. family court system is that children are better off with their mother. Although this is obviously not always the case, many courts are still biased towards this stereotype, making it difficult for fathers who want to play a bigger role in their children’s lives, but not impossible, especially if they avoid these common mistakes, according to The Huffington Post:

Yelling at your wife. Societal stereotypes place men in a place of power over women, making it easier for a woman to claim fear of her husband as ammunition in court, whether it is true or not. To avoid such a situation, maintain a civil tongue and tone with your wife, especially in the courtroom.
Moving in with a new significant other. Divorce is difficult for children as it is; the court will not look favorably on you if you move in with a significant other at least before the divorce is final.
Criticizing your wife to family and friends. “Bad mouthing” your wife to others may be a way for you to vent frustration, but it may be seen as an attempt at parental alienation.
Denying children telephone contact with their mother when they are with you. Always let your children call their mother if they want to and always be polite when their mother calls to check on them.
Taking the children on vacation, without telling their mother. Never take your children outside of your usual area without letting their mother know or without her approval; otherwise, it may be construed as kidnapping.

When going through a divorce with children, it is very important to be mindful of everything you do and don’t do, as either may have an impact on child arrangements. If you are a parent and are considering a divorce in Colorado, the knowledgeable Denver parenting time attorneys can help you obtain the best outcome for you and your children. Call us today for a consultation at (303) 458-5500.

How Smart Women Move On after Divorce

Denver Divorce Lawyer — Mon, 26 Mar 2012 23:16:32 +0000

People cope with divorce in different ways, but while some women may find it easier to recover after divorce, others have a very difficult time and experience undue emotional distress. Why? According to The Huffington Post, the key to overcoming a divorce is making the decision to be happy and then taking whatever steps are necessary to achieve that end. In order to let go of the past and create a positive future, divorced women should consider the following five tips:

Let go of “Woe is Me” feelings. It is understandable that you would be depressed or otherwise emotionally distressed after a divorce, but excessive self-pity can prevent you from moving on with your life. Make the decision to stop being a victim and to start being a survivor.
Come to terms with your post-divorce lifestyle. Accept your financial situation after divorce. Reprioritize your finances to fit your reduced lifestyle and/or commit to changing that lifestyle. The smartest women do not see spousal support from their ex-husband as a long-term solution.
Develop a 10-year financial plan. Take control of your finances and assets after divorce. Hire an accountant and/or financial planner to organize and review your finances and help you create goals for the next decade. You decide what is best for your financial future.
Accept that you can’t change your Ex. Recognizing this will help you deal with the unfortunate realities of divorce, like sharing parental responsibilities, with maturity and grace.
Focus on You. It is easy to lose yourself in a marriage, but divorce provides you a chance to redefine yourself and decide what you want. Commit yourself to personal growth.

Right after a divorce, it may feel like your life will never be the same again. While this is true, it is not necessarily a bad thing. How you choose to move on with your life is up to you, however.

If you are considering divorce in Colorado, the experienced Denver divorce lawyers at Kaplan Law, LLC, can help you understand your legal rights and options. Call us for a consultation at (303) 458-5500.

An Amicable Divorce is Always Better than a Contentious Divorce

Denver Divorce Lawyer — Thu, 22 Mar 2012 14:41:47 +0000

There are many reasons why a married couple may choose to divorce; sometimes it is a mutual decision and sometimes it is one-sided, but the circumstances under which the divorce was initiated usually determine whether the split will be friendly or antagonistic. If one spouse was unfaithful to the other, the likelihood of a friendly divorce is slim; however, if both spouses have been unhappy due to long-term personality clashes or financial issues, they may be more willing to work with each other to obtain the best divorce outcome. But the bottom line in any divorce is the friendlier the better.

In order to obtain a positive outcome for both parties, it is important to work together, not fight harder. Mediation can get you what you want much easier than a courtroom battle, but putting your anger aside is not easy. These eight guidelines, provided by PsychologyToday.com, can help you and your spouse find a common middle ground:

Find a health and non-blaming way to understand what happened in your marriage.
Focus on yourself, the mistakes you may have made, and how you can rectify them.
Learn cooperative skills that will help facilitate shared decision making and collaborative dialogue.
Aim for a combination of generosity and fairness in the settlement agreement.
Choose legal advisors experienced in mediation.
Talk through your feelings of anger, guilt and shame, hurt, fear, and sadness with someone you trust.
Don’t treat divorce like a one-time action; it is a gradual process.
Always remember that there is life after divorce, and a friendly divorce can help increase the quality of that life.

A friendly divorce is always the better option, but it is not always possible. If you plan to get a divorce in Colorado, the experienced divorce attorneys in Denver at Kaplan Law, LLC, can help you obtain the settlement you are entitled to, whether in the courtroom or through mediation services. To learn more, contact us today at (303) 458-5500 for a consultation.

Being Financially Aware in Your Marriage Can Prevent Hiding of Assets during Divorce

Denver Divorce Lawyer — Tue, 20 Mar 2012 14:38:25 +0000

Although an amicable divorce is ideal, not all married couples are on terms good enough to make a friendly divorce possible, whether each spouse has grown to greatly dislike the other or the infidelity of one spouse has made any civil relationship impossible. Such animosity towards each other likely won’t end once you decide to divorce and could even escalate.

During a divorce, each spouse will try to obtain the best possible settlement, but sometimes, they will take matters into their own hands to make their portion of the divorce settlement bigger than it should be. The hiding of assets, which is not only deceptive and unethical, but is also illegal, occurs more often than people might expect, according to Forbes.com. Although the article focuses on husbands hiding assets from their wives, this tactic may be used by either spouse in order to come out ahead in the distribution of assets.

There are many ways a spouse may hide assets, including: purchasing items that are easily undervalued or overlooked; storing cash in a safety deposit box or elsewhere; underreporting income on financial statements and/or tax returns; overpaying creditors or the IRS to receive a refund later; delaying signing new contracts, deferring salary, and/or putting holds on bonuses or commissions; creating fake debt with family; setting up a custodial account in a child’s name with their Social Security number; and/or transferring stock.

Being aware of these common tactics and being as knowledgeable as possible of your own personal finances, as well as those of your spouse, can help protect you from being taken advantage of during a divorce. Having an experienced family law attorney at your side will also ensure that every possible step will be taken to obtain a fair divorce settlement. If you are considering divorce in Colorado, the dedicated Denver divorce lawyers at Kaplan Law, LLC, can effectively represent your interests. Call us today for a consultation at (303) 458-5500.

Strain of CIA Marriages Often Too Much to Handle

Denver Divorce Lawyer — Fri, 16 Mar 2012 21:30:10 +0000

There are many factors that can contribute to marital problems, including work. Spouses often have complaints about their partner’s job, whether it is “You work too much,” “You don’t make enough money,” “You work too late,” “You’re never home to see the kids,” or “You travel so much for work, you’re never home.” Depending on the job, the problems arising from it may be less or greater.

Not many jobs compare with that of an agent with the U.S. Central Intelligence Agency (CIA), however. According to The Washington Post, the demands of a CIA job places a lot of tension on a marriage, which is why CIA marriages have an extraordinarily high divorce rate. But, like many if not all of its operations, that number is not available to the public. According to marriage counselors and divorce lawyers who work with CIA couples, most CIA marriages end as the result of the unanswered questions about the CIA spouse’s job. Feelings of being used as “cover” for CIA work and the overall shadow of secrecy make many spouses question what they actually mean to their CIA spouse.

This is not to say that CIA marriages never last; many last for decades without divorce. The key to a CIA marriage, as with all other marriages, is communication. A CIA agent cannot divulge confidential information to their spouse, but they can still be open about their work. In fact, the CIA encourages such a relationship. According to a CIA spokesman, ensuring that spouses and other family members feel well-informed and connected is a priority for the Agency. After all, the truth of the matter is that spouses and other family members also play the role of an agent’s cover in many situations.

Even with open communication, the high-risk nature of a CIA job can take its toll on a spouse and family. In the end, you have to do what is best for you and your family and that sometimes means getting a divorce. At Kaplan Law, LLC, our Colorado divorce lawyers recognize that divorce, though emotionally difficult and stressful, is sometimes the only option for a troubled marriage. To discuss whether divorce is your best option, contact us today for a consultation at (303) 458-5500.

Tax Matters that Should Be Addressed during Divorce

Denver Divorce Lawyer — Thu, 08 Mar 2012 21:09:10 +0000

Financial disputes are a common cause of marital discord that may eventually lead to a divorce, but unless the appropriate agreements are made, financial problems may continue for years after the divorce through tax issues, according to The Wall Street Journal. There are various tax questions and concerns that must be addressed in order to avoid ongoing financial problems and animosity between ex-spouses. The following include commonly overlooked future tax issues:

Deducting Legal Fees – Generally, divorce legal fees are not deductable; however, fees related to the protection or allocations of income-producing assets can be. Know what you can deduct and what you can’t before including it on your tax return.
Alimony vs. Family Support – Alimony is deductable (for the payer), but the term “family support” means nothing for tax purposes. If one spouse treats “family support” as alimony and deducts it while the other treats the support payments as child support, a tax audit is in their near future.
Filing Status and Exemptions – Who claims the child or who claims which children are issues that need to be dealt with before the divorce is final, as are issues related to head-of-household filing status and exemptions.
Division of Assets – Dividing marital assets equally in terms of value may not be dividing assets equally in terms of tax liability. Having $300,000 worth of assets that you have to pay taxes on is not the same as having $300,000 worth of assets that carry no tax responsibilities.

The financial implications of a divorce reach further than people realize, and so it is important that every detail is addressed. At Kaplan Law, LLC, our divorce lawyers in Denver have the experience, knowledge, and resources to ensure that the terms of your divorce are final and that you will not face unnecessary financial problems related to those terms in the future. To learn more about your legal rights and options, contact us today for a consultation at (303) 458-5500.