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.

Colorado Divorce: Special-Needs Children and Child Custody

By Denver Divorce Lawyer on April 13, 2011

Children with special needs should have their specific needs taken into account when creating a child custody and visitation plan during a divorce, as highlighted by a recent column on The Huffington Post.

The increase in divorce rates and in the number of children diagnosed with autism, attention deficit disorder, and other conditions means that more and more children will need their parents to consider their specific circumstances when making any major life changes, including divorce. Special-needs children, for instance, may have difficulty understanding that visitation with one parent is only temporary and that they will get to go home after a specified time. Although they may have the same fears and concerns about their parents’ divorce as any child their age, a child with autism or another disability may not be able to fully communicate them. A child with particular emotional or mental needs may react badly to finding themselves “in the middle” of their parents’ disputes, making it more important than ever to negotiate the terms of a separation apart from your relationship with your child.

Parents of special-needs children who are considering divorce would do well to contact an experienced Colorado divorce lawyer who understands that each family needs a plan for child custody, support, and visitation that works for every family member. The experienced family law attorneys at Kaplan Law, LLC examine each person’s case carefully and advocate for the best outcomes for both the adult and the children. If you are facing divorce in Colorado, call Kaplan Law, LLC today at 1-877-527-5260 to schedule a consultation.

Future Tax Implications Should Always Be Considered in Colorado Divorce Cases

By Denver Divorce Lawyer on September 29, 2010

A recent article in The Boston Globe discusses the significant impact that division of property can have on a divorcing individual’s financial well being. That is, while many couples filing for divorce often consider a 50/50 split to be the most fair and logical division of the assets, such an approach should only be considered if all details, particularly tax details, are fully examined prior to any decisions becoming officially binding. To ensure this, it is recommended that divorcing couples retain the services of divorce attorneys who have experience handling divorce cases in which division of assets being equally split is not in the best interest of both parties.

According to the article, consideration is often given to how much an item is worth. However, divorcing couples often disregard the fact that tax exemptions are different for single people than they are for married couples. As an example, the article presents the hypothetical situation of a house that has appreciated in value. As a couple, the amount of tax exemption is substantially greater than the exemption would be for a single person. Therefore, if a house that has appreciated in value is sold, a married couple may be able to realize, hypothetically, $500,000 of gains, while a single filer may only be able to realize, say, $250,000 of gains. If appreciation is greater than the allowed exemption amount, then a substantial amount of tax will have to be paid on the house, which could have been prevented had the divorcing husband and wife remained co-owners of the property, and thus exempt from a greater amount of taxes.

Regardless of the sentiment felt between two divorcing parties, it is essential that all financial matters, particularly those that don’t immediately impact either party (such as appreciated stock portfolios that have yet to be sold) are thoroughly examined to determine the most logical decision to be made regarding their sale in the future. At Kaplan Law, LLC, our Colorado property division attorneys will ensure that all details pertaining to your assets and property are taken into careful consideration during your divorce proceedings. For more information, please contact a Colorado Springs divorce attorney today at 1-877-527-5260.

Estate Documents Need to Be Adjusted During a Colorado Divorce

By Denver Divorce Lawyer on August 25, 2010

Deciding who gets the house or who has primary custody of the children are both topics that are frequently at the heart of any divorce proceeding. However, how often do couples discuss existing retirement plans or life insurance policies? The answer, according to West Virginia’s WVNS-TV, is not often enough.

When filing for a Colorado divorce, it is important to remember that all assets acquired during the marriage need to be examined to determine an amiable settlement. According to the news report, many divorcing couples may fail to realize that retirement accounts, life insurance policies, and wills all need to be properly updated as well during the divorce process. These estate documents are just as important as other more tangible assets are, yet many couples fail to realize this when filing.

Reportedly, 20 states currently have laws that automatically revoke benefits once a couple’s divorce is finalized, but it is still strongly advised that new paperwork is drawn up after a divorce, even if beneficiaries are going to remain the same. While probate assets are divided during a divorce, non-probate assets such as term life insurance policies need to be adjusted accordingly. Other decisions that need to be made during the divorce process can include child custody and visitation arrangements.

Regardless of what the details of a divorce may be, it is important to retain the services of an experienced family law attorney who will examine all assets, both probate and non-probate, to determine the most equitable outcome available for your divorce. If you are thinking of filing for divorce in Colorado, please don’t hesitate to contact the Denver divorce attorneys at Kaplan Law, LLC. For more information, please call 1-877-527-5206 today.

Is One in Two Marriages Really Destined for Divorce?

By Denver Divorce Lawyer on December 23, 2009

An article featured on the website dakotavoice.com attempts to more closely examine the divorce rate in the United States. The article offers the argument that the now common figure that one in every two marriages ends in divorce is an inflation that does not take certain factors into consideration.

Reportedly, the article cites recently released data from the United States Census Bureau that shows that 75% of marriages are between individuals that have only married once. Therefore, nearly 25% of marriages consist of individuals that have previously married, therefore inflating divorce rate figures to paint a direr picture than what actually exists.

The article goes on to point out that the average marriage in the United States lasts over 18 years. If this is in fact the case, it bears little on the overall divorce rate, which still cites that a large number of people, some married for longer periods of time than others, divorce each other for any number of reasons. Divorce can definitely present its warning signs, but often times these signs are not recognized until divorce is imminent.

Divorce in Colorado can result for any number of reasons. Arguing over finances, the amount of time spent with one another, or attention given to children are all reasons that are sometimes cited as having contributed to a couple deciding that divorce is in the best interest of both involved parties. Regardless of what the reasoning behind the divorce is, all details surrounding custody and division of property need to be carefully examined in order to ensure that the rights of either party involved are not infringed upon in a court of law.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www.dakotavoice.com/2009/09/divorce-statistics-not-as-bad-as-portrayed/

Divorce Settlement Unfair To Women Judge Rules

By Denver Divorce Lawyer on August 18, 2009

The website divorcecentral.com reported in a story that a Nassau judge threw out a couple’s divorce settlement, an extremely rare move, even after both sides had signed off on it. Anna Infante, the woman involved in this divorce had at first agreed last year to pay $200,000 of the $214,000 of the outstanding mortgage but Judge Hope Zimmerman felt she was in danger of losing the house to foreclosure. Anna also gave up any claim to her husband Rafaelle Infante’s pizza business. She was also only awarded $1,000 a month in child support to raise her three children whose ages are 15, 12, and 11.

Anna got a new lawyer and told them she had been physically abused by her husband for several years and her only concern was to get out of the marriage, agreeing to any terms in order to be free from him. The husband, Rafaelle, said he never abused his wife.

Dominic Barbara, Anna’s new lawyer stated that it is very rare to have a judge vacate a divorce agreement after both sides had signed off on it.

Barbara said, “This is a major victory for women who have been cheated in separation agreements.”

Anna was born in Argentina and stated that her English was poor, and that she did not fully comprehend what she was signing.

Judge Zimmerman said that after review, the family’s monthly expenses totaled $5,548. Zimmerman ordered Rafaelle Infante to start paying his wife $2,700 a month at once while the two parties figure out new more equitable agreement.

James P. Joseph, divorce attorney, also agreed with Barabara, that Zimmerman’s decision was truly rare but not unheard of.

Joseph said, “This is exactly the type of situation where courts can and should be proactive in protecting parties.”

Unfortunately in this day and age a majority of married couples are getting divorced. According to the 2000 U.S. Census almost 10% of people age fifteen and over were divorced in the United States.

Kaplan Law is a distinguished Colorado divorce law firm representing all types of family law cases in Colorado’s Front Range, as well as throughout the state. They have offices conveniently located in Boulder and Denver to serve their family law clients. The experienced Colorado divorce attorneys and support staff at Kaplan Law use their knowledge of Colorado divorce law and their outstanding legal expertise to quickly resolve your divorce. If you are involved in a situation where the service of an experienced divorce lawyer is needed please consider Kaplan Law and call 1-877-527-5260.

Alicia Key’s Boyfriend in Middle of Divorce

By Denver Divorce Lawyer on August 11, 2009

The website divorcecentral.com reported in an account that Swizz Beatz a.k.a. Kaseem Dean has admitted he is madly in love with Grammy winner musician, singer Alicia Keys although he would appreciate it if his separated wife Mashonda would refrain from involving her in their divorce. Swizz Beatz has gained fame for producing countless beats for hip-hop artists. The couple had been rumored for several months to be an item but both kept things private.

On Drake’s new remix of “Best I Ever Had” he appears to be referring to Keys with the following lyrics:
“Wake up in the morning and my baby cooked me breakfast, A’s naked wearing nothing on but a necklace …Yeah, she say she wanna treat me like a king; I get big gifts so the money ain’t a damn thing.”

According to Swizz, Keys threw him a party at the Guggenheim. A laughing Swizz said, “But we’re nowhere near ready for a baby or a ring. This whole song is not about Alicia. The part about her cooking breakfast for me naked – she never done that for me.”

Mashonda filed for a divorce in February and is pursuing interim support for their 2-year old son, Kasseem Jr. Mashonda contends that Swizz has cut his payments.

A friend of Moshanda said, “He’s been tightening the screws on her. It’s becoming intolerable. Meanwhile, she’s seen the charges for jewelry he’s bought Alicia in France.” All the while Mashonda’s Westchester mansion sat with a broken heater while reportedly “Swizz wouldn’t repair her heat.”

Divorce is a common reality in our society. Every day, hard-working couples as well as famous celebrities sometimes realize that divorce is their best option.

Divorces can be very ugly and messy for anyone close to the situation, especially when a child is involved. The compassionate and experienced Colorado divorce lawyers at the Marc Kaplan Law firm have assisted individuals during these difficult times. Please call 1-877-527-5260 for a free consultation.

Mel Gibson’s Wife Wants Divorce

By Denver Divorce Lawyer on August 6, 2009

The website tmz.com reported in an article on April 13, 2009 that actor Mel Gibson’s wife, Robyn, has filed divorce papers citing “irreconcilable differences” in what some would say is an ironic twist, she signed the papers a day before Good Friday. Robyn and Mel Gibson had been married for 28 years. According to sources there was no prenuptial agreement signed back in 1980 when they were married. At that time Mel Gibson had not accumulated his fortune estimated at $900 million in 2006. California community property law states that all earnings be divided 50/50 and that includes earnings.

Robyn and Mel have seven kids, although only one, Tom, age 10, is a minor. Court papers filed in L.A. County Superior Court ask that she keep joint physical and legal custody of Tom. Robyn is also requesting spousal support and attorney fees. Robyn marked the date of separation as “to be determined”. This can turn out to be very important, due to the fact that earnings for the most part stop being community property when the couple separates. Sources say the couple has been distancing themselves from each other for some time.

Robyn is represented by Laura Wasser, who has handled divorces for Angelina Jolie, Britney Spears, and Stevie Wonder.

Robyn and Mel Gibson released the following statement: “Throughout our marriage and separation we have always strived to maintain the privacy and integrity of our family and will continue to do so.”

Marriage is a sacred union, and when two people get married they plan to spend the rest of their lives together. Unfortunately the reality is that many couples realize that a divorce is the best thing for all involved.

If you are considering a divorce consider Kaplan Law, a distinguished Colorado divorce law firm representing all types of family law cases in Colorado’s Front Range, as well as throughout the state. The experienced divorce attorneys in Colorado and support staff at Kaplan Law use all their resources to knowledge to promptly resolve your divorce. Please call 1-877-527-5260 for a consultation.

Nas’s Pregnant Wife Files For Divorce

By Denver Divorce Lawyer on August 4, 2009

The website accessshollywood.com reported in an article that Kelis, wife of hip-hop star Nas, has filed for divorce after being married four years. An associate of Kelis confirmed the news to Access Hollywood.

The associate said, “I can confirm that she has filed for divorce. We request the media to respect her privacy during this very difficult time.”

Kelis gained fame with her popular song “Milkshake”, and filed for divorce in Los Angeles Superior Court, citing “irreconcilable differences.”

Kelis is pregnant with their child, and is requesting spousal and child support.

In an interview with MTV News, Nas showed no signs of any marital problems.

Nas said, “She’s great man. She’s doing good. I’ve been thinking about kinda putting something online: ‘Choose his name.’ You get a couple of stacks for that. We take care of you for that. You win something real. But we’re thinking now.”

The couple was married in Atlanta in January 2005.

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 Colorado divorce attorneys at Kaplan Law can assist you in the division of personal items which were acquired during the marriage, as well as the determination of monthly spousal support, if warranted.

At Kaplan Law, their skilled Colorado divorce lawyers understand that their clients are going through what is, at best, an emotionally difficult process. The family law attorneys at Kaplan Law can help with decisions of personal and or property matters, collection of funds, and child custody. It is their goal to make the process of getting divorced as quick and easy as possible so that you can get on with your life. Please call 1-877-527-5260 for a free consultation.