Tag: divorce

Capacity Issues in Divorce

December 22,2019

Adult parties to a marriage generally have the capacity to bring or defend the action in their own name without the appointment of any guardian or other representative.  However, there are instances in a divorce action where a parties’ capacity is called into question and there needs to be an appointment of a guardian or […]

Overview of Various Allocation of Parental Responsibility Experts

September 27,2019

Child’s Legal Representative (CLR) A Child’s Legal Representative (CLR) is an attorney appointed pursuant to C.R.S. 14-10-116 to represent the best interests of the child.  The key concept here is that the lawyer does not represent the child, but the child’s “best interests.”  The CLR is not a mouthpiece to parrot the child’s wishes. The […]

Social Media and Electronic Communication as Evidence in Family Law

August 02,2019

We see it in the news all the time – “Social Media Becomes Bearer of Bad News for Divorcing Celebrity Couples”. We give the following advice to our family law clients: Do not write a Facebook post, text or e-mail under stress or immediately in reaction to your soon to be ex-spouse or partner. Before […]

Is a Private Judge or Arbitration Right for My Divorce?

July 19,2019

Divorce is one of the most challenging chapters in a person’s life. For many reasons clients such as business executives, celebrities or high net worth individuals want to keep their legal divorce proceedings private and maintain as much control over the process as possible. With mutual consent, a private judge or arbitrator can be used […]

How to Prepare for A Parental Responsibilities Evaluation

June 07,2019

You are amid a custody battle regarding your child(ren) and you and your spouse do not agree on parenting time and decision-making responsibility. A parental responsibilities Evaluator (“PRE”) has been appointed in your case to complete an investigation and report recommending what is in the best interests of your children.   This is a nerve-racking […]

Valuing Trust Interests in Divorce

March 14,2019

Many individuals believe that if they put property in a trust, it will protect them from the other spouse getting to the property in a divorce. This overall generalization is false. In Colorado, the proper analysis to determine whether a beneficiary spouse’s interest in a trust is subject to equitable division, there has to be […]

Can a mother move a child away from the father without his permission?

March 01,2019

Change is inevitable. Change is constant. – Benjamin Disraeli How far can you move if you have joint custody? How does a judge decide who gets custody? What happens when a parent wants to move somewhere far away after a divorce? We frequently hear these questions from our clients in Aspen, Edwards, Carbondale and Glenwood […]

Social Media During a Divorce

February 15,2019

Going through divorce is stressful. We often turn to social media as an outlet to voice our opinions, seeking support from friends, or simply to keep up on news. If you are contemplating divorce or in the middle of a divorce, make the following five considerations to avoid as you look through your Facebook, Instagram, […]

Restraining Orders in the Family Law Context  

January 21,2019

Sometimes having a restraining order in place is the only way to keep yourself protected. If you or a loved one is facing a situation in which a restraining order has been issued, it is important that you understand the basic implications behind a restraining order as a legal measure. Restraining Order 101 A restraining […]

Re-Opening Your Divorce: Duty of Financial Disclosure in Your Colorado Divorce Case

October 26,2018

C.R.C.P. 16.2 If a party to a divorce is found to have failed to disclose a material asset within a 5-year period, the court may re-open the divorce in order to redistribute property and debts. Colorado Rules of Civil Procedure Rule 16.2(e)(10). Parties in a divorce action are required under the Colorado Rule of Civil […]

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