vail divorce attorney
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 […]
Motions to Restrict Parenting Time
April 11,2019
In Colorado, a motion to restrict parenting time may be filed to restrict parenting time or parental contact pursuant to C.R.S. 14-10-129(4). Such motions can be filed when (1) a parenting time order already exists, and (2) prior to the entry of orders as a motion to restrict parental contact. For example, a motion to […]
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 […]
Thinking of Getting a Divorce? Here’s What You Need to Know.
October 15,2018
Studies have shown that the experience of separation and divorce are so traumatic as to rank second only to the death of a close loved one in terms of emotional turmoil, pain, and stress. Not only is divorce accompanied by feelings of guilt, rejection, embarrassment, and anger, but the process also causes fear and uncertainty […]
Ten Rules for Divorcing Parents to Live By
September 28,2018
The decision to proceed with divorce is extremely difficult and the road can be taxing on you as the parent and on your children. Effects of conflict on children We find that parents during divorce can be so entrenched in the conflict, that they do not realize how their actions affect their children. Keep in […]