Ross Law P.C.

3 Things to Know Going Into a Divorce

Wed, 28 May 2025 16:27:39 GMT

Divorce is one of life's most challenging transitions, often fraught with emotional and logistical complexities. Whether you're contemplating divorce or are already in the process, understanding the key elements that might impact your journey can make a world of difference. By arming yourself with information and being prepared for the road ahead, you can navigate through the complexities of divorce more effectively and with greater confidence. Here, we provide some crucial things you should know about hiring a family lawyer to better equip yourself during this difficult time.

1. Know Your Legal Rights and Obligations

First and foremost, it's vital to be aware of your legal rights and obligations. Divorce laws can vary significantly from state to state, and having a clear understanding of what is pertinent to your situation will be crucial. According to Legal Jobs, 37.6% of all marriages in the U.S. end in divorce, making it all the more important to familiarize yourself with the legal landscape surrounding your case. Consulting with an experienced family lawyer can provide clarity on what to expect, helping you to make informed decisions regarding asset distribution, child custody, and more.

2. Assess and Plan Your Financial Future

Understanding your financial situation is another critical element when heading into a divorce. Make sure to document all marital assets and debts, as full financial transparency is crucial for an equitable settlement. Creating a detailed financial plan can help you foresee potential challenges and plan for your future. While it's a major transition, prioritizing your financial well-being allows you to secure a stable foundation for the next phase of your life.

3. Prepare Emotionally and Build a Support System

Emotional preparedness is key, as divorce can take a significant toll on your mental health. Engaging with a therapist or counselor can be incredibly beneficial during this time, providing you with professional support to process your emotions. Self-care should not fall by the wayside; maintaining a network of supportive friends and family can also provide strength and encouragement when you feel overwhelmed. Surrounding yourself with a solid support system can make all the difference as you adjust to life post-divorce.

While divorce is undeniably challenging, being well-prepared can make the journey slightly more manageable. By understanding your legal rights, protecting your financial interests, and taking care of your mental health, you can face the process with resilience and poise. Remember, this transition, though difficult, is a step toward a new chapter where you have the opportunity to redefine a future that aligns more closely with your personal goals and well-being. Do you need to hire a family lawyer ? Contact Ross Law P.C. to schedule an appointment today.

Grandparents Visitation

Sun, 09 Mar 2025 18:49:45 GMT

Grandparents often play a vital role in their grandchildren’s lives, providing them with guidance, insight, love and affection. However, when a conflict arises between a child’s parents, grandparents may find themselves on the outside looking in, especially when one parent attempts to limit a grandparent’s ability to spend time with a child. Thankfully, Colorado law recognizes the importance of the role grandparents play, but there are express limitations on their right to exercise visitation with their grandchildren as well as specific legal conditions to even have standing to request such visitation.

A maternal or paternal grandparent (or great-grandparent) does not have an automatic right to visitation with his or her grandchild. As a result, a grandparent may seek a court order granting reasonable visitation rights when there is or has been judicial intervention into the marriage of the child’s parents, a judicial placement of the child(ren) outside their family, or the death of the grandparent’s child. However, a grandparent cannot, as a matter of right, open a domestic case to request visitation. Rather, a grandparent may request visitation time if one of the following types of cases exists:

1. Divorce of the child's parents or dissolution of a parent's civil union;

2. Legal separation of the child's parents;

3. Annulment of a parent's marriage or civil union;

4. Child custody (formally known as an allocation of parental rights);

5. Paternity; or

6. A probate case where a child's parent has died or someone is acting as a guardian or managing the finances of the child.

A grandparent or great-grandparent cannot ask the court for family time if:

1. The parental rights of the child's parents have been terminated;

2. The child has been placed for adoption, or the adoption has been legally finalized; or

3. The grandparent has requested visitation within the prior 2 years.

This latter prohibition highlights the importance of ensuring a grandparent seeking visitation sets forth a compelling case in the first instance.

The specific pleadings a grandparent would need to file in connection with a request for visitation include a motion to intervene in the existing case and a motion requesting grandparent family time. Assuming that a grandparent can successfully navigate the intervention into an existing domestic case, the standard that a court will apply to determine whether that grandparent is awarded any visitation time with the child is whether it would be in the child’s best interest. Either parent may submit evidence that he or she supports or opposes a grandparent’s request for visitation. In these cases, parents typically have the legal right to decide who interacts with their children when they are exercising parenting time. This right is based upon the constitutional principle that parents have the right to raise their children as they see fit and are presumed to be acting in the children’s best interest. However, grandparents can overcome the presumption by providing clear and convincing evidence that visitation benefits the children and would otherwise be in the children’s best interest. Under C.R.S. § 14-10-124.4(4), courts may override parental objections if grandparents show their involvement is essential to the child’s well-being.

In light of the challenges grandparents may seek in requesting visitation time, it is imperative to consult with an attorney who is well-versed in this area of domestic law. Here at Ross Law, one of our experienced family law attorneys will be able to help grandparents navigate the complex legal landscape in their effort to obtain the right to spend quality time with their grandchildren.

Reviewing and Revising Your Estate Plan after the Death of a Loved One

Mon, 17 Feb 2025 17:12:08 GMT

Losing a loved one is never an easy thing. Regardless of the nature of your relationship with the deceased, whether, for example, the decedent is a relative, husband/wife, boyfriend/girlfriend, best friend, or important decision-maker in your life—you need space and time to process and grieve your loss. After having had space to cope with everything that has happened, you may need to include your loved one's death as part of an update to your estate plan.

If you have an estate plan, one of the first things you should do when a loved one has died is to review the documents with the following questions in mind:

1. Does your will or revocable living trust name the person who died as beneficiary of money or property? If so, do your documents have any language dictating what is to become of that money or property should the named beneficiary predecease you?

One of the main purposes for drafting a will or a revocable living trust is to plan for what will happen with the items you own upon the time of your death. To the extent you have preferences as to who receives your money and property, you must name who will inherit from you and also name who will inherit money and property if your first choice dies before you.

If your will or trust does not name an alternate beneficiary for this gift, then upon the death of the first-named beneficiary, that gift is revoked and the accounts and property you wanted to leave to your loved one enter into your general estate and will pass according to the remaining terms of your will or trust. This could be possibly problematic if the beneficiary has a spouse, children, grandchildren, or other loved ones that you might have wanted to leave the beneficiary's inheritance to instead.

Some states, including Colorado, have enacted antilapse statutes to prevent this result. If the beneficiary is dead, the gifts will descend to his or her heirs in such states. There are several exceptions and variations from state to state. For example, some states limit the beneficiaries of antilapse statutes to relatives by blood.

2. Is a trusted decision-maker now deceased?

As part of your overall estate plan, you likely selected several different important decision-makers to act on your behalf if you become incapacitated (agents under your financial and medical powers of attorney and a successor trustee) or to wind up your affairs after your death (a successor trustee or personal representative). If your deceased loved one held any of these positions, make sure a backup was nominated. If not, you need to update the affected document to include a new first choice and at least one alternate. If you have already named a backup in the document, you will want to update your document to name your backup as your new first choice and remove your deceased loved one’s name to prevent confusion when a third party reviews the document.

Personal representative (also known as an executor). This trusted individual, appointed in your last will and testament, is responsible for collecting all your accounts and property, paying your outstanding debts and taxes, and distributing your money and property to your named beneficiaries after your death. This person’s task is to wind up your affairs, which can be time-consuming. If your chosen personal representative dies before you and there is no named backup at the time of your death, the probate court will use Colorado law to determine who is next in line to serve as personal representative.

Co-trustee or successor trustee of your trust. Serving either with you (as co-trustee) or after you become incapacitated or die (as successor trustee), this trusted person or entity is charged with managing, investing, and distributing the money and property from your trust to you during your lifetime (if you are incapacitated or are otherwise unable to act as trustee) and to your chosen beneficiaries after your death.

If your deceased loved one was a co-trustee with you, you should review your trust agreement to see what happens next. There may be a provision that either allows you to continue serving as the only trustee, names a specific person to step in and serve with you as co-trustee, or describes how to determine who your new co-trustee will be.

If your deceased loved one was named as your successor trustee, nothing noticeable will happen with respect to how your trust is managed right now. However, if you become incapacitated or die and there is no successor trustee, your loved ones must look to your trust agreement for guidance on filling the vacancy. Your trust may provide that a certain number of your beneficiaries can appoint a new trustee without court involvement, or your trust might require that the court approve any new trustee. The outcome will depend on the trust’s wording and Colorado laws. Because your trust is revocable and amendable during your lifetime, it is best to update your trust to appoint a new successor trustee or change any of these provisions as needed while you still have the ability to do so.

Agent under a financial power of attorney. Your agent is an individual you choose to manage your property and finances (such as communicating with your mortgage company, paying your bills, or accessing funds in your bank account for your care) on your behalf. If the person you selected is deceased and there is no named backup, no one else can act on your behalf when needed. If you become unable to manage your property and finances without appointing an agent in a financial power of attorney, your loved ones will have to go to court and have someone appointed by a judge to take care of your financial and property matters. The judge will make this determination based on Colorado law, which prioritizes certain individuals to serve in this role, and the person selected may not be the person you would have chosen. Not only is this process time-consuming during a stressful time, but it can be expensive and exposes the details of your condition and family dynamics to the public.

Agent under a medical power of attorney. Your agent under your medical power of attorney is typically authorized to make decisions or communicate your medical wishes in the event you are unable to do so yourself. Because this person can act only when you cannot, you may not feel an immediate need to update your medical power of attorney if your chosen agent has passed away. However, if you have an accident, become incapacitated, or are otherwise unable to communicate your medical wishes and you do not have an agent who can act for you, your loved ones must go to court to have a guardian appointed before anyone can speak on your behalf. The judge will look to the standards and guidelines under Colorado law to aid them in appointing the appropriate person, who may not be the person you would have chosen to make your decisions. Second, the selected person may not know your wishes about the medical care you want to receive.

Guardian for your minor child . You have likely invested a lot of time and consideration in deciding who you would like to serve as the guardian of your minor children if you and the children’s other parent are unable to care for them. If the loved one you have selected has passed away, it is imperative that you update this selection. While your circumstances may vary, if your chosen guardian is unable to serve for any reason, and you have no alternate guardian nominated, the court will determine who will raise your child. As with other roles, the selected person may not be the one you would have chosen, and absent input from you, the judge may have limited information when making this critical decision.

Attorneys at Ross Law P.C. Are Here to Help:

We are aware that you are dealing with the death of a loved one. When the time is right for you, we're here to help you take the next step in your estate plan - whether it's creating, completing, or updating it. Call to schedule your in-person or virtual appointment.

Employee Compensation for Travel Time

Mon, 17 Feb 2025 17:09:49 GMT

The Fair Labor Standards Act (FLSA) has many nuances that can create legal pitfalls for employers who are unfamiliar with each and every one of its intricate requirements. One such area is the compensability of a non-exempt employee's time spent traveling to a location that requires an overnight stay away from his or her home. As a general matter, the FLSA requires employers to pay non-exempt employees for their rime spent working. While the FLSA does not explicitly define what constitutes "work," the Portal-to-Portal Act provides that employers do not need to compensate employees for traveling to and from the actual place of work performance and the employee's home, and FLSA regulations reiterate that normal travel from home to work is not compensable work time. Thus, these standards make clear that compensable work time generally does not include time spent commuting to or from work.

However, compensation for a non-exempt employee's travel time that requires an overnight stay is subject to a different FLSA regulation that provides an employee's time spent driving to a location that keeps the employee away from home overnight is compensable when it cues across the employee's workday or the employee's regular working hours on nonworking days. The Regulation provides as follows:

Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly worktime when it cuts across the employee's workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours but also during the corresponding hours on nonworking days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these hours is worktime on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as worktime that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.

29 C.F.R. § 758.39.

For example, imagine that Pete, an hourly employee who regularly works 9 a.m. to 5 p.m., Monday through Friday, leaves work on Friday afternoon at 2 p.m. and drives three hours away from his home community to the location of a training seminar to be held the following day from 9 a.m. to 4 p.m. Immediately following the training seminar, Pete drives the three hours back to his home. Under this scenario, Pete must be compensated for the three hours he spent driving on Friday afternoon and for the one hour he spent driving between 4 p.m. and 5 p.m. on Saturday (whether the time spent at the training seminar is compensable is an issue for another day and the issue is subject to different regulations focused on not only whether the training was during Pere's normal hours, but also whether it was job-related, voluntary, and if other work is performed concurrently). What's more, if Pere had worked a full week leading up to the training seminar, that hour from 4 p.m. to 5 p.m. driving on Saturday would constitute overtime and, therefore, it must be paid at time and one half.

Overview of Court-Ordered Mediation

Mon, 17 Feb 2025 17:01:52 GMT

Parties to domestic relations cases in Colorado will nearly always be required to mediate their claims before a court will hold a contested hearing on the issues as mediation is required in most non-emergency cases. Often, our clients and potential clients have questions surrounding the mediation process, what it entails, and why it should be viewed as an opportunity rather than just a ‘box to check’ in the course of the litigation.

The underlying reason that mediation is required in these cases is because contested court hearings are generally held as a matter of last resort. The reasoning behind this is simple: the court system has limited judicial resources, crowded court dockets, and the anticipated fees that could be saved by each side by resolving the disputes rather than preparing for contested hearings. In other words, contested hearings are reserved for those situations where the parties cannot resolve their issues without court intervention. Thus, mediation is a tool used to facilitate resolution.

It is also important to note that what happens in mediation, and specifically the positions that a party takes with the hope of resolving a case, are strictly confidential and cannot weaponized against the party at a contested hearing. This allows a party to take a position at mediation that the party would not otherwise take a trial.

Here at Ross Law, we encourage our clients to be open to resolving the disputes they have with the other side, because at the end of the day, reaching a resolution allows our clients to have a say in the outcome of the case unlike a contested hearing which will be decided entirely by a judge who likely has never met either party, lacks an adequate understanding of the nuances of the disputed issues, and has no personal stake in the outcome of a case. Hence, we approach mediation differently than other firms by viewing it as an opportunity to grab the case by the reins and steer the outcome in a direction favorable to our client’s needs.

The nuts and bolts of setting mediation may vary county-by-county, but generally it involves the following:

• The court will set a deadline by which the parties are required to complete mediation.

• Thereafter, the parties’ attorneys will propose a few mediators to the other side. Hopefully, one or more of the mediator names that the parties propose will overlap, which simplifies the selection process.

• Once a mediator is agreed to, the attorneys will request the mediator’s availability and then confirm dates with their respective clients.

• The mediator will circulate a mediation agreement, which all parties and their attorneys will need to sign.

• A few days before the mediation, both sides will prepare and submit confidential mediation statements (confidential in the sense that the mediator will not share the statement with the opposing party) to give the mediator some basic background information.

• In this post-covid world, nearly all mediations are conducted electronically (typically Zoom). The parties will login to the Zoom call using the credentials provided by the mediator.

• The mediator will place the party and his/her attorney in a separate virtual breakout room.

• The mediator will likely then start the mediation in the virtual room assigned to the petitioner or the moving party, depending on the nature of the case.

• The mediator will listen to the parties’ arguments and demands.

• The mediator will then head into the opposing party’s room to get the other side of the story and the opposing party’s demands or counter offers.

• The mediator will go back and forth into the rooms until either 1) an agreement is reached in principle; 2) one of the parties decides mediation is not going to result in any resolution on any issue; or (3) the time of the mediation runs out (in which case the parties may be able to go later in the day subject to the mediator and counsel’s availability, schedule a second mediation, or continue the negotiations through counsel).

• If a resolution on any issue is reached, the mediator will prepare a Memorandum of Understanding (“MOU”) that details the specifics of the agreement. One of the parties will then file the MOU with the court along with a proposed order. The MOU becomes an order of the court once the court signs the order adopting it.

• If no resolution is reached, the mediator will circulate a mediation completion certificate, which will be filed by one of the parties.

• Both sides will then begin preparing for a contested hearing.

If you have any questions or concerns about mediation, please reach out to schedule a call with one of our experienced attorneys.

3 Tips for Considering a Local Divorce Attorney

Thu, 26 Dec 2024 16:55:18 GMT

Divorce can be one of the most challenging and emotional experiences a person may face. It’s a time when decisions carry weight, and having the right support can make all the difference. One crucial step in navigating this process is choosing the right divorce attorney who not only understands the legal intricacies but also respects your individual needs. This blog post explores key tips to consider when selecting a local divorce attorney to ensure you find the right fit for your situation.

1. Experience

Firstly, one of the most important aspects to consider is the experience of the attorney in handling divorce cases. With 37.6% of all marriages in the U.S. ending in divorce, according to Legal Jobs, the attorney’s background in family law becomes especially pertinent. An attorney who is well-versed in local laws and has built a reputable track record can offer informed guidance and advocate effectively on your behalf. When meeting with potential attorneys, don’t hesitate to ask about their experience, case histories, and their approach to resolving conflicts.

2. Communication

Additionally, consider the lawyer’s communication skills and style. Divorce proceedings can be stressful, and having open communication lines can ease some of the tension. Your attorney's ability to explain legal terms, address your concerns promptly, and keep you informed about your case progress significantly impacts your emotional and legal journey. Opt for someone who not only listens but also aligns with your communication preferences. This can make all the difference in feeling supported throughout the process.

3. Availability

Finally, evaluate the attorney’s availability and dedication to your case. Going through a divorce often brings about urgent issues that need immediate attention. Therefore, it’s critical to work with an attorney who can prioritize your case and provide timely responses. During your consultations, ask about the attorney’s caseload and how they manage their time. Ensuring that your lawyer can dedicate sufficient resources to your case is key in achieving the best possible outcome.

Finding the right divorce attorney is a crucial step in navigating through the complexities of divorce. By focusing on their experience, communication abilities, and dedication to your case, you can safeguard your interests and traverse this difficult phase more smoothly. Are you looking for a local divorce attorney in the Denver metro area? Contact Ross Law PC today for quality legal services you can count on.

The Importance of Pet Trusts in Colorado: Don’t Forget Your Furry Family

Fri, 18 Oct 2024 21:43:18 GMT

Prior to meeting with an estate planning attorney, clients are usually requested to provide a comprehensive list of their family, assets, and end-of-life goals in an Estate Planning Questionnaire. Many times, clients forget to list their pets, or they often wonder what will happen to their beloved pets if they pass away or become incapacitated. Pet trusts under Colorado Revised Statutes § 15-11-901 offer a creative and tailored solution to this concern. A pet trust is a legal document that allows you to set aside assets/funds for the care of your pets after you pass away.

Let's explore why pet trusts are important and how they work in our state.

Why Pet Trusts Matter:

1. Continuity of Care: Pet trusts ensure your animal companions receive consistent care and maintain their quality of life after you're gone.

2. Financial Security: They provide dedicated funds for your pet's needs, including food, veterinary care, and other expenses.

3. Legal Protection: Unlike informal arrangements, pet trusts are legally binding, giving you peace of mind that your wishes will be carried out without the opportunity for drawn out legal battles.

4. Flexibility: Trusts can be tailored to your pet's specific needs, lifestyle, and even quirks.

5. Longevity: Some pets, like certain birds or tortoises, can outlive their owners by decades. A trust can provide for them throughout their entire lifespan.

6. Avoiding Shelter Systems: You may have adopted your pet from the shelter system. Pet trusts help prevent your animals from ending up back in shelters or being euthanized due to lack of care options.

Key Features of Pet Trusts in Colorado:

1. Covered Animals: Trusts can be created for domestic or pet animals and their offspring in gestation.

2. Duration: The trust continues until no living animal covered by the trust remains.

3. Use of Funds: Trust assets must be used for the care of the covered animals, not for the trustee's personal benefit (except for reasonable fees and expenses).

4. Enforcement: The trust can be enforced by:

o An individual designated in the trust instrument

o The person having custody of the animal

o A remainder beneficiary

o An individual appointed by the court

5. Trustee Appointment: If no trustee is designated or willing to serve, a court can appoint one.

6. Termination: Upon termination, remaining assets are distributed as directed in the trust, or through the residuary clause of a will, or to the transferor's heirs.

7. Registration: All pet trusts must be registered in Colorado, and trustees are subject to state laws.

Creating a Pet Trust:

1. Type of Trust: Determine whether the trust should be created while you’re alive (for incapacity planning), or solely on your death (end of life planning).

2. Specificity: Clearly identify the pets to be covered and provide detailed care instructions.

3. Funding: Ensure adequate funding of assets into the trust for the expected lifespan of your pets.

4. Trustee Selection: Choose a trustee who is willing and able to manage the trust and care for your pets.

5. Alternate Caregivers: Designate backup caregivers in case your first choice is unable to serve or possibly unwilling to serve.

6. Remainder Beneficiary: Specify where any remaining funds should go after your pets pass away.

Pet trusts offer peace of mind, ensuring your animal companions will be well cared for even when you can't be there. By taking advantage of Colorado's pet trust laws, you can provide long-term security for your furry, feathered, or scaly friends.

Remember, while this post provides an overview of a trust for your pet, pet trust creation involves complex legal considerations. Always consult with a qualified attorney to create a trust tailored to your specific situation and your pets' needs. The attorneys at Ross Law P.C. are ready to discuss how a pet trust can be included in your new or current estate plan.

Parental Decision Making and Kids’ Access to Cell Phones

Fri, 18 Oct 2024 21:43:12 GMT

In today’s world, many children own or have access to their own cell phones. Despite wide usage by minor children, co-parents often disagree about how to monitor and regulate their kids’ cell phone usage. For example, one parent may purchase a cell phone for his/her minor child and allow unfettered access during that parent’s parenting time while the other parent may be weary of the dangers lurking on the internet. One common situation involves a parent wanting to remain in contact with his/her child while under the care of the other parent, who may or may not allow the child to have the cell phone while under his/her care. Unfortunately, this type of co-parenting issue may worsen if the parties have not agreed to age-appropriate cell phone rules in their parenting plan. As a result, it is advisable to plan for the eventuality that a child will likely come into possession of a cell phone prior to reaching adulthood by legislating rules for cell phones in a parenting plan.

Reaching an agreement on a child’s cell phone usage generally will require one of the parents raising it as an issue to be discussed during negotiation or mediation. If neither parent raises it, then it is unlikely to be raised by a mediator because of other issues in the case that must be resolved.

Generally, it is in the child’s best interest to have regular communication with both parents, and both parents should have access to communicate with their children daily. As such, one potential benefit of providing a child with a cell phone is that it can reassure the child that he or she can reach out to either parent at any time. A cell phone can also be used to combat parental alienation by allowing the child to remain in contact with both parents.

However, a cell phone provision in a parenting plan should specifically designate certain perimeters for its use. For example, reasonable hours, duration, and intervals for use are helpful in limiting screen time and avoiding disruption of family activities. Consideration should also be given to the child’s age and level of maturity. Along those lines, co-parents may decide that providing a child with a cell phone without internet access is the most age-appropriate solution in some cases.

Other issues to consider before allowing a child to have access to a cell phone include how to divide the costs associated with purchasing a phone, its monthly costs, and control over the account to which the child’s cell phone is assigned. Also, many parents discipline their children by restricting access to screens, which can cause issues for co-parents when the non-disciplining parent opposes restricting the child’s access to a phone.

In sum, it is important to remember that there is not a “one size fits all approach” to a parenting plan. Likewise, the circumstances involved with providing a child with a cell phone will vary case by case. Given the complexity of the issue, a parent should consult with an attorney to determine what makes the most sense for his or her specific situation. Here at Ross Law, we have negotiated countless parenting plans that include cell phone provisions that are narrowly tailored to our clients’ specific needs.

Relocating with a Minor Child

Wed, 21 Aug 2024 19:04:52 GMT

For divorced or separated parents who share parenting time over their minor children, the process of obtaining court permission to relocate with a minor child can be a complicated and long process as the judge will need to consider each parent’s wishes and the best interests of the child. As a result, it is imperative for parents in Colorado to understand their rights and responsibilities during the relocation process.

To begin, the parent who wants to relocate with the child must give the other parent written notification of the relocation plans. With this notification, the parent must provide a proposed modified parenting plan and specific information about the reasons for the relocation and the location that he or she plans to move to. Ideally, parents should provide of an intent to relocate before filing a motion for relocation.

Best Interests of the Child

If relocating with a child will substantially change the geographic distance between the residences of the child and the other parent and the other parent objects to the relocation, the court will consider any of the statutorily provided factors in determining what is in the child’s best interests. Specifically, the court may assess:

How the move will impact the child. Specifically, the court may examine how the move will affect the child’s educational and social opportunities, access to extended family, access to medical providers (especially specialists in the pediatric fields), and general well-being.
The reasons for the relocation and the objection. The court may consider whether each parent has legitimate motivations or is simply trying to impede the other parent.
The relationship between the child and each parent. If one parent has acted as the primary caregiver or enjoyed a closer relationship with the child, the court will take this into account.
The ability of the parents to foster the relationship with the other parent. If one parent has a history of alienating the other parent, a court may find that adding geographic distance between the alienated parent and the child is not in the child's best interest.
Former actions or inactions of a parent. The court may consider harmful behaviors by one of the parents.
The feasibility of both parties sharing parental responsibility if the relocation is permitted. Generally, a court will not deviate from joint decision making even if it permits one parent to relocate with a minor child.

Timing of a relocation

For many parents, it is difficult to plan logistically for a move to a new city. The difficulty in relocating for parents sharing parenting time is drastically increased by virtue of the uncertainty of whether the court will grant the request for relocation. In other words, finding employment, identifying appropriate housing, and choosing a new school for a child in a new city is made even more challenging in those situations where the court has not yet granted a motion to relocate. As a result, parents wanting to relocate must have a plan in place long in advance of their desired move date to allow sufficient time for a contested motion to relocate to process through the court system.

Given the complexity of the issues surrounding relocation with a minor child, parents who are preparing for a move can benefit greatly from seeking the help of an attorney who has experience handling these difficult cases. Please call us today should you need an attorney with experience navigating these types of motions in Colorado.

Statements of Abuse by a Child

Wed, 10 Jul 2024 00:33:59 GMT

Too often, children are the victims of domestic violence and lack a voice to advocate on their behalf. In addition, introducing child statements in a civil hearing to prove the existence of domestic abuse can be challenging given the broad prohibition of introducing hearsay into the court record. Colorado, however, has enacted a statute that provides an additional exception to the hearsay rule to allow statements by children that relate to sexual assault or domestic abuse so long as certain requirements are met.

Hearsay is any out of court statement that is asserted to prove the truth of the matter therein. Generally, hearsay statements are prohibited from being introduced as evidence as the opposing party lacks the ability to confront the declarant. Colorado Rules of Evidence provide a number of exceptions to the hearsay rule (for example: statements regarding a present sense impression; excited utterance; present mental, emotional or physical condition; and statements made for the purpose of medical diagnosis or treatment), but these exceptions are applied narrowly and often would exclude statements made by a child regarding abuse.

However, Colorado Revised Statute § 13-25-129 allows a party to a civil case to introduce out of court statements made by a child that is the subject of the action relevant to the proceeding. This statute only applies to statements that are not admissible under any other hearsay exceptions. If all of the statutory requirements are met, the statute allows for statements describing acts or attempted acts of sexual assault where the child is the victim, statements describing any act of child abuse where the child was the victim or the witness and is subject to a dependency and neglect proceeding, and statements made by children under the age of thirteen describing an act of domestic violence.

There are several factors that must be considered in determining whether the Child Hearsay Exception statute would apply in a given case. As such, it is important that parties who are dealing with allegations of domestic abuse consult with an attorney to determine what evidence they can present to the court to obtain the relief they (and their children) need. Our firm handles these types of issues daily, so contact us today if you have any questions or need any guidance on navigating these complicated evidentiary issues.

The Role of a Family Lawyer in Conflict Resolution

Wed, 15 May 2024 15:13:06 GMT

Going through a divorce or family conflict can feel incredibly overwhelming. You may be experiencing a whirlwind of emotions and not know where to start when it comes to resolving issues. This is where a family lawyer can provide vital support. According to IBISWorld, there are 58,087 divorce and family law attorneys in the United States as of 2023, so there is plenty of support available when you need it. Keep reading to understand how a family lawyer can help with conflict resolution for your family.

Mediating Agreements

One of the most important services a family lawyer provides is providing support and advice at a mediation between conflicting parties. During mediation, your family lawyer will meet with you and the other individual or individuals involved in the dispute. Mediation is a voluntary and confidential process designed to facilitate open and productive communication with the goal of reaching a compromise. A skilled family lawyer who is experienced in negotiated mediated agreements can get to the heart of key issues while helping their client see the big picture. Properly navigating the mediation process greatly increases the chances of reaching an amicable resolution of your case.

Providing Legal Guidance

In addition to mediation, a family lawyer can provide legal advice and perspective to inform your decisions. There are likely important legal considerations regarding child custody, spousal support, and division of assets. Your family lawyer will explain legal principles, precedent from similar cases, and potential outcomes if you were to go to court. This expert legal opinion can empower you to make wise choices during negotiation and mediation.

Offering Empathetic Support

A family lawyer can also provide emotional support during the conflict resolution process. Separation and family disputes take a toll on everyone involved. Your family lawyer understands this and can provide guidance from a place of empathy. Having a compassionate advocate on your side makes the process less intimidating.

Representing You in Court

If mediation fails and an agreement cannot be reached, your family lawyer will advocate for you by representing you in court. They will handle all paperwork, filings, and communication with the other party's legal counsel. This allows you to focus on your family while your family lawyer focuses on building the strongest legal case possible. Although going to court should be a last resort, your family lawyer can give you confidence and clarity if a trial becomes necessary.

Having an experienced family lawyer by your side can make all the difference when navigating conflict resolution. Through mediation, advice, and representation, a family lawyer guides you toward the best possible outcome. Reach out to Ross Law PC to schedule a consultation if you're dealing with a high-conflict family law situation.

Do My Children Get To Choose Which Parent They Live With?

Mon, 25 Jan 2021 20:46:00 GMT

When parenting time (formerly child custody) is an issue, we are frequently asked whether a child gets to “choose” where they live or has other rights in a divorce. Many clients have heard stories that there is an “age of consent,” and many of our clients were, or know of, a child of divorce who was allowed (or forced) to choose between their parents.

The short answer to this question is: “no, children do not get to choose where they live.” However, the answer is more complicated.

There are several factors in determining what is in a child’s best interests as to where the child primarily lives (or whether parenting time is divided “50/50”). One of these factors is “the wishes of the child.” C.R.S. § 14-10-124(1.5)(a)(II). However, the wishes of the child are only a relevant factor if the child “is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.”

Whether or not the child is sufficiently mature is a specific question that a judge would have to consider at the time of your divorce hearing.

Even if a child is sufficiently mature enough to have a say, this must be weighed against eight other factors that the Court must consider when deciding parenting time.

If you believe your child’s wishes are important for a Court to consider, there are several ways to present their wishes to the Court, the most of common of which is to request the Court appoint a Child and Family Investigator (“CFI”) to conduct an investigation, which includes speaking with the child(ren) of the divorce and reporting back to the Court.

If you are in a situation where you have concerns that your spouse, or ex-spouse, does not have your children’s best interest, or wishes, in mind, we recommend you contact an experienced family law attorney to advise you as to the specifics of your circumstances.

Colorado winter weather and your risk of a slip-and-fall

Wed, 30 Dec 2020 23:00:00 GMT

Even in areas with low precipitation levels, Colorado can have some very blustery and frigid winter weather. Businesses and other facilities open to the public need to be aware of the risks that come with colder temperatures.

Companies have a responsibility to make their spaces safe for the people that visit them. Failing to address risks caused by winter weather can lead to a slip-and-fall that puts someone out of work.

Snow and ice, as well as snowmelt, are known risk factors

There are certain sources of danger that a business won’t be able to predict or avoid. A meteor coming through the ceiling is theoretically possible but so unlikely that no business plans for that specific scenario. However, in a state like Colorado, every company knows that snow, sleet and ice are an inevitable part of winter.

Companies should have snow removal policies for their sidewalks, parking lots and entranceways. They should also take care to ensure that interior spaces stay dry because the snow that people track in can also lead to people getting hurt. When a company doesn’t do what is reasonable and necessary to protect the safety of visitors, someone who gets hurt may be able to allege negligence.

Negligence allegations are often a cornerstone of premises liability claims brought against businesses where people get hurt because they slipped on ice in the parking lot or on water inside the building. If the business could have prevented your slip-and-fall incident with maintenance or cleaning, you could potentially have a claim for the financial losses you’ve suffered.

Do you need to ask for spousal maintenance when you file divorce?

Tue, 22 Dec 2020 21:00:00 GMT

There are many unknown factors when you start thinking about divorce. Will you or your ex stay in the home you shared? Will you be able to support yourself if you have stayed home for part of your marriage?

Fear of the unknown and lack of legal understanding can inspire people to stay in miserable marriages for purely financial or practical reasons. However, Colorado law aims to make the process accessible to everyone, including those who are not currently financially independent from their spouse.

Spousal maintenance , also called alimony, can be a powerful tool to help you adjust to life after marriage. Will you need to specifically ask for it when you file for divorce?

The Colorado courts do not automatically grant spousal maintenance

Unlike child support, which the courts automatically order in divorces with minor children, spousal maintenance is something the spouses need to ask for during the divorce. Many people request maintenance when they file their initial paperwork, although it may be possible to amend a previous filing or respond to a spouse’s filing to request support.

If you don’t make a request for spousal maintenance, the court usually won’t order it unless there are extenuating circumstances or marital agreement on record.

How do you know if you qualify for maintenance?

The Colorado courts will consider many different aspects of your marriage when deciding whether or not to order maintenance and how much it should be. They will look both at the ability of the spouse requesting it to support themselves and the ability of the other spouse to afford it. Income and separate assets, as well as property received in the divorce, can affect maintenance claims.

The gender of the spouses won’t matter as much as who earns more and who is dependent on the other. The courts will focus on earning potential, assets and contributions to the marriage. They will also consider the standard of living during the marriage. Knowing details about household assets and income can make it easier to ask for the support you need. Getting spousal maintenance can be a legal challenge in some cases, which may mean you need to strategize carefully in order to get the support that you need.

Why do divorces rise in January?

Thu, 17 Dec 2020 19:25:00 GMT

For many people, the goal while entering the new year is “positive change.” They may try to change personally or professionally. They may concentrate on habits they want to end or goals they want to achieve.

A lot of couples decide to change their relationship status. January is the month when divorce cases tend to start rising, heading toward a peak in March . Why is this?

Holiday avoidance leads to a lag in divorces

As noted, the desire for change is one reason. Some people start to really think about what they want the next year to be like and they realize that staying married isn’t the way to get there. They may have been thinking about divorce all year, or at least for months, but moving into the new year really pushes them to take the next step.

Often, though, the decision to wait is just about holiday avoidance. November and December do not seem like good months to be embroiled in a divorce case or to break the news that you want a divorce to your spouse/family. These are months with major holidays — most notably, Thanksgiving and Christmas — that center around family interactions. A divorce runs contrary to this, and so people decide to wait until the following year.

Your rights in a divorce need to be protected

Is it time for a fresh start in the new year? When you get into January, do you think you’ll opt to bring up divorce or even just file and serve the papers to your spouse? If you do decide that this is the route you want to go, it’s important to know exactly what steps to take and what rights you have.

Do differences of opinion lead to divorce?

Fri, 04 Dec 2020 19:52:00 GMT

You always knew that you and your spouse did not hold the same positions on everything, but you didn’t realize how drastically different your opinions were until you got married. It has really put some strain on the relationship. You start wondering if people get divorced just because they have different opinions.

Why do you and your spouse disagree on things?

Certainly, these divorces can and do happen. A big part of it may be what you actually disagree on. For instance, one of the top causes of divorce is religious differences. If this is where your beliefs do not line up, you may find no way to compromise.

Similarly, a top-three reason for divorce is simply when arguments are too frequent and there is too much conflict. Couples may try to work through it, fail to do so, and decide that they’re not going to live like that for decades to come.

So, what matters here is how strongly you disagree. If you just don’t see eye-to-eye, it may be fine. If you disagree so strongly that you’re constantly fighting and arguing, that can tear the marriage apart.

The subject of the disagreements may play a role. Money issues are another top reason for divorce. If you have different opinions about how to use your money, those differences could quickly turn into arguments.

If you do get divorced

Opposites may attract, but sometimes the moral and philosophical approaches people have to life are just not compatible over the long run. You may be heading for divorce. If you are, it is crucial for you to know exactly what steps to take and what legal rights you have.

How to protect against a marital property dispute

Thu, 03 Dec 2020 17:38:00 GMT

When you realize that divorce is in your future, it’s time to turn your attention to details such as property division. Doing so means gaining a clear understanding of the differences between marital and separate property.

As the name suggests, marital property is anything that you own jointly with your spouse. This includes but is not limited to your family home, motor vehicles, art, antiques, bank accounts and retirement accounts.

Will you face a marital property dispute?

There’s no way of knowing what will happen during your divorce, but there are steps you can take to help protect against a marital property dispute. Here are some tips:

Know what is and isn’t marital property: This starts with the creation of a property division checklist . With this, you lay out all your assets, both marital and separate.
Be sure that your spouse isn’t trying to hide an asset: The other individual may attempt to hide an asset so that they can keep it. If you suspect this, bring it to the attention of your legal team as soon as possible.
Keep records: You don’t want your soon-to-be ex-spouse to argue that a marital asset is actually theirs and theirs alone. Protect against this by keeping good records. For example, if you jointly own expensive artwork, collect receipts that show that your purchases were made from joint funds.

Be open to negotiation and compromise

Should you find yourself face-to-face with a marital property dispute, it’s time to take a step back to better understand your options.

For example, if you’re going through mediation, it’s critical to negotiate and compromise. This doesn’t mean you should give in for the sake of getting through the process. But it’s important to realize that some level of give and take is critical to making things work.

There’s no surefire way to protect against a marital property dispute , so the best thing you can do is prepare for anything that has the potential to get in your way. When you do this, you’ll feel confident in your ability to protect your legal rights.

Crosswalk dangers when drivers turn left

Wed, 18 Nov 2020 20:35:00 GMT

You’re waiting at a crosswalk. When the light turns green and you get the walk symbol, you start to cross. A driver who is turning left also has a green light.

Are they looking for pedestrians as they make that turn? In far too many cases, studies show that they’re not . This is one of the most dangerous situations you can be in since that driver does have a legal right to turn. While most drivers look for oncoming traffic, many forget that they also need to check the crosswalk before they turn.

It’s not your fault

One thing to remember about a case like this is that it is not your fault. You have the right of way as a pedestrian, and you are legally allowed to cross. Meanwhile, the driver is obligated to wait for you to finish crossing before they turn. If they hit you, they are at fault, even if they had a green light when they made that turn.

Not all drivers understand this. They may argue after the fact that they did nothing wrong. The light was green and they made a legal turn. They are wrong, though, because they still failed to yield the right of way. They would also be at fault if they failed to allow oncoming traffic to pass through the intersection before turning. It’s no different with a pedestrian, other than the fact that a driver is less likely to see a person.

Your right to compensation

You could suffer severe injuries if you get involved in an accident like this. You need to know all about your potential rights to financial compensation . When your injured by a negligent or careless driver, an experienced advocate can help you claim everything you may be due.

Should you sell the house when you get divorced?

Wed, 04 Nov 2020 14:56:00 GMT

Deciding what to do with your home when you get divorced is incredibly important. If you own it outright, it’s probably the most valuable asset you and your spouse have. Even if you have a mortgage, you may have a lot of equity value in the house and the financial situation gets more complex. Are you best off to just sell the home as part of your divorce agreement?

You may be. You can keep it, but that means giving the spouse who doesn’t keep the house other assets in exchange for their share of the home’s equity. If there is a mortgage, keeping the home means refinancing into your name — which may be difficult on your own. This cannot always be done. Some couples qualify for a mortgage together that neither of them could get on their own.

When you sell the house, asset division becomes easier. Say that the court orders a 50/50 split. You then sell the house and earn $100,000 in the sale. You take your $50,000 cut, your ex takes theirs, and you both go your separate ways. This is fast and simple, and you can both use your money as a downpayment on your own homes.

That said, actually getting ready to sell the house can be complicated because you have to work together . Some couples are happy to do this because they just want the divorce to be over. For others, though, the thought of cooperating with a soon-to-be-ex is daunting. That can make actually getting the home ready to sell and then signing it over to the new owner very hard.

You have to decide where you stand and what is best in your situation. Just make sure you know about all of the l egal options you have for your divorce, the division of your marital property and other issues.

When does a pedestrian have the right-of-way in Colorado?

Thu, 22 Oct 2020 18:10:00 GMT

When a pedestrian is involved in an accident with a motor vehicle, the consequences can be serious for the individual. The amount of such claims, naturally, makes the insurance companies loathe to pay up. With that in mind, it’s smart to understand when you have the right-of-way as a pedestrian — and when you don’t.

What’s a pedestrian’s duty toward their own safety?

Pedestrians are expected to obey certain traffic laws, just like drivers. Colorado law says that pedestrians:

Must not jaywalk by crossing streets in unmarked areas whenever the adjacent intersections have traffic signals
Must yield to any vehicles in the road whenever they cross a street outside of a marked walkway
Must yield to vehicles when crossing roads with a pedestrian tunnel or walkway overhead
Must not leave the curb or another safe place and step into the path of an oncoming vehicle in a way that poses an immediate hazard
Must obey crossing signals , including “walk” and “don’t walk” signals

Generally, you are always expected to exercise a reasonable amount of caution as you’re walking, and that can vary a bit with the given situation.

What’s a driver’s duty toward pedestrian safety?

Drivers are expected to be particularly cautious around areas where pedestrians are expected to cross the road. With that in mind, drivers:

Must yield whenever a pedestrian is within that same half of the crosswalk or road as their vehicle
Must yield to pedestrians crossing by stop signs or flashing lights, even if those traffic signals aren’t working or are missing
Must not pass or try to go around a vehicle that has stopped to let a pedestrian cross the road — whether the crosswalk is marked or not

Knowing the rules (and obeying them) makes it much harder for the insurance company to try to deny a fair claim . If you need help pursuing compensation for your losses, speak to an attorney.

Protect your mental health during divorce from a narcissist

Wed, 07 Oct 2020 15:37:00 GMT

Most people who go through a divorce might realize early on that they’re going to have to deal with a lot of stress. While it’s sometimes possible for a divorce to happen peacefully, being married to a narcissist is one of the times when you need to come to terms with having to fight battles throughout the process.

The issue that narcissists have with working out a divorce peacefully is that they think they always need to have their way. They don’t understand the concept of negotiating, which takes away the possibility of settling the divorce matters without having to go through a contentious trial.

Another problem that you’ll likely face when you divorce a narcissist is that they’re going to try to make you miserable. Seeing you unhappy or upset is a way that they gain a bigger sense of personal power. When you don’t allow them to see your reactions to the drama they try to cause, you don’t give them that power — but that can also cause them to escalate their behavior in hopes of provoking a response.

A narcissist lives in their own world, so getting the truth out of them is difficult to impossible. You should be prepared to deal with them lying about anything possible, especially if it makes you look bad and makes them look good. Because of the lies, you should keep documentation of everything that has to do with the divorce, child custody or any other matter pertaining to your ex.

Your attorney can help you as you work through your divorce. Learning about the options you have might help you to develop a plan for the split. You should also ensure that you’re preparing for a court battle if your ex is narcissistic.

The difference between a contested and uncontested divorce

Tue, 06 Oct 2020 00:09:51 GMT

When going through a divorce, you’ll likely have two priorities: making sure that you get an optimum divorce settlement, and making sure that you get through the process as smoothly as possible. These two priorities are not necessarily mutually exclusive: It can be possible for a person to go through a relatively stress-free divorce and get a great settlement if they have a healthy and amicable relationship with their divorcing spouse. However, sometimes a person feels that they need to fight to get the settlement that they believe they deserve.

If you’re unsure about the path to getting a good divorce settlement given your situation, you’ll have a lot to consider. One of the biggest decisions you’ll have to make is whether to pursue a contested or uncontested divorce. The following is an overview of the difference between the two and both the advantages and setbacks of each approach.

What is an uncontested divorce?

An uncontested divorce is a situation in which a couple is able to go through a divorce amicably, and without needing court intervention to decide on disputes. Successfully going through an uncontested divorce does not mean that you need to be best friends with your ex — it’s natural that you’ll still have disagreements in the process. However, you’ll use alternative dispute resolution techniques such as mediation instead of court intervention to reach a decision.

Uncontested divorces tend to be cheaper and less stressful than contested divorces. They also tend to be completed faster, and can still reach a mutually beneficial outcome.

What is a contested divorce?

A contested divorce means going through the court process to settle a divorce. While it’s necessary if you want to fight your ex so that you have a chance of getting the best possible outcome, it’s expensive, stressful and can take a long time.

If you are considering filing for divorce and you’re not sure what route to take , consider your goals and the relationship with your ex.

Essential elements you don’t want to forget in your parenting plan

Sat, 26 Sep 2020 00:12:56 GMT

A well-written parenting plan that contains a lot of forward-looking agreements can help you and your ex-spouse avoid a lot of conflicts — and that’s the goal! You don’t want to constantly find yourself back in court because you forgot to address something important.

The experts say that there are some areas of potential parental conflict that are commonly overlooked in the average parenting plan . With that in mind, here are some things yours should address:

How much autonomy does each parent enjoy in their own home regarding the kids? Do you and your spouse want to keep “house rules” consistent between your homes when it comes to things like your children’s diets, bed times, homework and chores, or do you each prefer to manage things your own way?
Who controls where a child’s possessions end up? If you buy your kids clothes, do they need to bring those back with them when they’re done with the visit to their other parent? Is it your child’s call where they keep things? Will you simply trade items back and forth as needed?
What happens when someone is sick? If your child is sick, you don’t want to make them move around for visitation — but you also don’t want to miss out on your parenting time. Similarly, if you’re sick, you don’t want to spread anything to your child, but you still want to protect your visitation rights. Decide now how to handle the issue, before it’s a problem.
How will new partners be introduced? How soon is “too soon” to introduce the kids to a new partner? Is it okay to let them meet the people you date, or should you wait until the relationship gets serious?
What happens when there’s a big event? If your mother is coming into town for the first time in years, you don’t want to deny her the privilege of seeing the kids — but that could get complicated if it’s your ex-spouse’s turn for visitation. How can you and your ex work out these conflicts in the schedule?

It’s hard to think of all these details for your parenting plan yourself, but you can get some help. An attorney with family law experience can offer you some invaluable assistance.

Colorado snows are coming early: What to keep in mind about slips and falls

Wed, 09 Sep 2020 00:15:01 GMT

If you’re a resident of Colorado, you can be entirely forgiven for thinking that summer 2020 was a “blink and you’ll miss it” kind of event. Just days after the mercury rose to 101°F, the first snows of the season are expected to arrive within the next few days.

This means it’s time to brush up on the rules regarding clearing your property of weather-related hazards. Whether you’re a homeowner, property manager or business owner, you have obligations to minimize the danger that snow and ice can present to others.

Winter slips and falls can be a real threat

In addition to any location-specific ordinances in your town or city, the Colorado Premises Liability Act requires everyone who exercises control over a property to maintain that property in a reasonably safe manner. This includes homeowners, business tenants and rental managers. If a customer, social guest or someone else who comes onto the property for a valid reason slips on the snow or ice and gets hurt, you could be financially liable.

Be proactive about eliminating the danger

Obviously, you can’t stop the snow from falling, and you can’t clean it up while it’s still coming down. You also can’t simply ignore it and wait for that white stuff on the ground to melt.

As soon as a snowfall ends, you should get out the shovels and the de-icer and inspect your property. Clear the walks, driveways and parking lot so that your customers, tenants and business partners don’t have to navigate treacherous ground on the way to and from your door.

If you are injured in a slip-and-fall accident this year in Littleton or the surrounding area, find out what it takes to successfully pursue a claim for compensation. You shouldn’t have to bear the economic damages from someone else’s mistake.

What happens to debt in a Colorado divorce?

Thu, 27 Aug 2020 00:17:00 GMT

When you divorce, it is not just the riches you need to divide but also the debt. When divorcing in Colorado, the first step is to distinguish the marital property from each spouse’s separate property.

Separate property includes assets brought into a marriage by one party (and kept in their sole ownership), assets protected by pre-nups or postnuptial agreements and assets received as a gift or an inheritance. Marital assets are the rest, including most things acquired during your time as a married couple, co-mingled assets and assets that have increased in value following your marriage.

When it comes to dividing your debts , the same rules apply. If you brought the debt into the marriage, it is probably yours to keep. If the particular debt was incurred during the marriage, most likely it is marital property. However, just as some assets acquired during the marriage can be considered separate property, so can some debts. For instance:

Student loans belong to the person who took them out.
Credit cards would be split if on a joint card but usually kept separate if only one person signed for that card account.
Last-minute shopping sprees before your divorce case is heard would probably be considered your responsibility.
Debts you incurred without your spouse’s knowledge or consent might also be yours.

Next, you have to work out the value of everything. You need to know the worth of each asset or debt that counts as marital property and the overall total. Finally, you have to split both assets and liabilities equitably (which may not mean “evenly”) in Colorado.

With a thorough understanding of your assets and debts, and what is marital and what is separate, you can negotiate or fight for the deal you need. Seek legal help to understand more about property division in a Colorado divorce .

Divorce takes a psychological toll on children

Thu, 13 Aug 2020 00:19:05 GMT

Some parents think that remaining in a marriage for the children is a good idea, but the constant fighting and a negative home life can sometimes lead to serious psychological damage for the children. Going through their parents’ divorce can also have some negative impacts, but it’s possible to minimize the risk of this happening if the parents are willing to put the children first.

One of the most important things to remember is that you have to remain respectful in your communication with your ex. The mutual respect helps provide a sense of stability for the children, and it makes the situation much less stressful. It also shows them that adults can work toward a common goal even if they don’t get along.

Try to work out a co-parenting plan with your ex that provides consistency for the children. Some punishments might span both home, and the disciplinary structure for both homes should be similar if not exactly the same.

Never put the kids in the middle of disagreements with your ex. Instead, work things out when the kids aren’t around. Don’t use them as messengers. Instead, speak directly to your ex about things that are going on.

Try to explain things the kids need to know in an age-appropriate manner. They don’t need all the gritty details, but they need to know that the split wasn’t their fault. Discuss their feelings with them and help them find suitable coping mechanisms for what they’re feeling.

The parenting plan you work out with your ex should focus on the children’s needs. As they mature, those needs might change. You can work through a modification when it becomes evident that the current plan isn’t working.

Can you prevent your ex’s new partner from parenting your kids?

Sat, 01 Aug 2020 00:21:30 GMT

Sometimes, marriages end in divorce because one spouse starts a new relationship. Other times, people start new relationships shortly after a divorce. You may have accepted the reality of divorce in Colorado, which includes the fact that you and your spouse are probably going to share parental rights and responsibilities until your children reach adulthood.

What you may not accept is the idea that the person who helped destroy your marriage or prevented reconciliation during your divorce could have a relationship with your children. Do you have any right to stop your ex’s new partner from being a part of your children’s lives?

Divorced spouses have very little, if any, control over their ex

There are plenty of reasons why you may not want your former spouse’s new partner involved in your children’s lives. You may worry that your children will grow attached, only to have your ex move on to a new relationship. You may feel worried that the two of them may influence your children negatively and instill the idea that unethical behavior like adultery is acceptable.

Unfortunately, there are few legal options available to a parent who wants to limit a third party’s access to their children during the other parent’s parenting time . What your ex does during their parenting time is not under your control unless you have reason to believe that it puts your children in immediate danger.

There are circumstances in which you could request help

Being mad about an extramarital affair isn’t going to be legitimate grounds to restrict your former spouse’s parental rights in the eyes of the Colorado family courts. In fact, they often take a dim view of parents who try to interfere in the relationship between their ex and their children.

However, if you can provide evidence that validates your concerns about the other person’s involvement in your children’s lives, the courts might listen. They have to make decisions in the best interests of the kids, including protecting them from potential sources of harm.

If the other party has a history of violent behavior, especially if they have lost custody of their own children or have convictions for domestic violence, the courts may agree that their presence in the lives of the children is a source of danger.

Barring severe mental health issues, a history of violence or current addiction that could lead to neglect, it is unlikely that the courts will intervene in a situation where your ex has introduced a new romantic partner to your children during or after a divorce.

Could you and your ex achieve an uncontested Colorado divorce?

Sat, 11 Apr 2020 02:58:36 GMT

Divorce often calls to mind images of a couple arguing in court or testifying against one another in custody proceedings. Although litigated divorces are quite common, they are not the only way to end your marriage.

You can also potentially file an uncontested divorce, which requires that the courts merely approve the terms you set and finalize the dissolution of your marriage instead of hearing testimony, reviewing family documentation and then setting the terms on your behalf.

If you feel like your marriage is likely to end soon, exploring whether or not an uncontested divorce could be feasible could help you take the right steps before you ever even file for your Colorado divorce .

Uncontested divorce only works if you can agree with your ex

If you and your ex can agree that divorce is inevitable and that you would like to set your own terms regarding the division of assets, and the parental rights and responsibilities related to any children you share, then you could, in theory, file for an uncontested divorce.

Some couples are able to negotiate directly or through their lawyers to set terms and then have their individual attorneys enshrine those agreements in documents that they can present to the court.

Other times, when the couple doesn’t agree about the details and can’t work with one another, mediation could be a tool that helps them resolve their disagreement and reach compromises that will work for their family. In other words, just because you can’t agree on terms right now doesn’t mean that you have to go to court.

Situations where uncontested divorces can cause problems

Not every couple can achieve an uncontested divorce. Not even mediation can help a couple set fair terms if they have an uneven power dynamic, a history of one spouse bullying the other or a pattern of abuse.

Additionally, in circumstances where one spouse suspects that the other has hidden assets, an uncontested divorce will likely preclude them from holding their spouse accountable for unscrupulous behavior if they later find out about hidden assets. They may not have filled out a financial affidavit that creates liability for lying about their financial circumstances.

Once you know whether an uncontested divorce could work for your family, you can make more decisions about how to proceed with the dissolution of your marriage.

Safe driving in the springtime: 5 tips you can use

Wed, 08 Apr 2020 03:02:30 GMT

Winter is officially over, and the roads are finally clear of slush and snow — but that doesn’t necessarily mean that you can relax your guard when you’re on the road. Spring driving can also be treacherous if you aren’t careful.

Here are 5 tips you can use that will help you keep yourself and your family safe this spring:

Make sure your tires are in good shape. Spring weather is highly changeable, so your tires need to be properly filled and have a decent tread. If they’re looking a little worn or don’t seem to hold air properly, it’s time to replace them.
Watch out for potholes. Once you start seeing those orange traffic cones flowering on the highway, you know it’s time to be cautious and slow down. Hitting a pothole too hard can not only damage your car, it can also lead to a wreck if you’re thrown off course.
Be aware of pedestrians. Almost as soon as spring hits, you’ll start seeing bicyclists and pedestrians all over the place. Because of their smaller size (relative to cars and trucks), they’re easy to overlook if you aren’t conscious of their presence. Be gracious, and share the road.
Avoid standing water. That puddle you see at an intersection may actually be deeper than you think. Many drivers have been injured (and destroyed their engines) by dipping into standing water that they didn’t realize was deep enough to lift their vehicle right off the ground.
Make sure your wipers work. Visibility is always key to making certain that you won’t accidentally hit another vehicle. If your wipers are getting too soft to do the job, replace them.

Despite your best precautions, you can’t always avoid a car wreck — especially when other drivers aren’t as careful. If you’ve been injured, find out more about your right to claim compensation for your injuries and losses.

Can’t pay your child support? Here’s what you should know

Wed, 01 Apr 2020 03:04:44 GMT

In periods of widespread economic instability, many people are left wondering how they’re going to meet their financial obligations. Divorced parents, of course, have an extra worry. They may not know how they’re going to pay their court-ordered child support in the wake of an extended layoff.

If your child support payments are an issue , here’s what you should know:

You cannot ignore the problem. Whatever else is happening, you need to address this particular financial concern as soon as possible if you want to avoid negative consequences.
You should talk to your co-parent. They cannot legally absolve you of the debt unless you go back to court. Just the same, advance warning that money will be short can help them budget and ease tensions (as opposed to just letting them figure it out when the payment doesn’t come).
You need to make any necessary financial adjustments to pay the support you owe. Before you miss the next payment, take a hard look at your finances. If there are other financial obligations that you can cancel, skip or delay, it’s probably better than missing your support payment.
You need to contact the court or your attorney. If your financial situation may drag on indefinitely, you may need to request a modification of your support order. If your reasons are valid, the judge can decrease what you owe until you’re back on better financial ground.

A substantial change in your finances is a valid reason to request modification of your child support order . However, it’s wise not to try to handle the issue on your own. Find out how an experienced family law attorney can assist you.

Divorce rates may rise after COVID-19 pandemic

Sat, 21 Mar 2020 03:07:41 GMT

It is too soon to know for sure in the United States, but it is possible that divorce rates are going to spike in the coming year. The reason is the current COVID-19 pandemic that has swept the country and much of the world.

Self-isolation, so far, has shown to be the best way to combat the disease. It spreads easily, and anything people can do to reduce contact with others can potentially help keep the numbers down. This, in turn, takes some of the pressure off of the hospitals. Even if the majority of the people in the United States eventually get it, it will be better for that exposure to be spread out over the next 18 months than to happen entirely between now and the summer.

However, for couples who are already on the rocks or facing marital trouble, self-isolation could be the last thing that they want. It can magnify their issues. It can make them realize that they really do not enjoy spending time together. A person who was unsure if they wanted to get a divorce or not may feel like isolation is the tipping point. When it finally lifts, couples could rush to file for divorce.

There’s also something to be said for the stress of the current situation. Stress often leads to divorce, and this is a pandemic the likes of which most married couples have never seen. There’s no telling how that will impact them.

If you and your spouse do opt to split up, you need to know what legal options you have .

Divorcing in Colorado with minor children

Sat, 22 Feb 2020 04:14:15 GMT

Every day in Colorado, previously married individuals reach their breaking points with their spouse and decide to file for a divorce, although many people wait for quite a while before they file. One of the most common reasons people give for remaining in an unhappy marriage is concern about the impact of the divorce on their children or on their parental relationship.

Once you understand the way that the Colorado courts approach parental relationships in a divorce, you may feel more confident moving forward with the end of your marriage .

Colorado doesn’t call it custody anymore

For decades, parents going through a divorce in Colorado would need to file paperwork to assert their desire for sole or shared custody of their children. However, the term custody implies ownership and focuses more on the rights of the parents than the needs of the children.

As part of a comprehensive update of the family code related to divorce and parental relationships, Colorado lawmakers shifted the language in state statutes from discussions of custody to the more child-centric modern language that focuses on the allocation of parental rights and responsibilities.

Your parental rights include the right to have a say in the major decisions about your child, such as their religious practices, education or medical care, as well as your right to play a role in their life. Your parental responsibilities include an obligation to provide support and parental guidance. You cannot seek an allocation of parental rights without also incurring an obligation to fulfill parental responsibilities to your children simultaneously.

The focus is always on what will be best for the kids

Colorado is one of the majority of states that currently recognizes the best interests of the children as the most important guiding principle and standard in the allocation of parental rights and responsibilities. The state recognizes the important role that each parent plays in the life, emotional health and social stability of children, although the courts also recognize that certain situations may be dangerous for children, such as parental addiction, neglect or abuse.

When you ask the courts to find a reasonable way to split up parental rights and responsibilities during a Colorado divorce or because you have ended a non-marital relationship with the other parent of your children, the courts will look carefully at your family circumstances before making a ruling that they believe will be in the best interests of your children.