Family Law Blog
Planning for Your Divorce: Pre-filing Do’s and Dont’s
Planning for Your Divorce: Pre-filing Do’s and Don’ts If you intend to file for divorce or you suspect your spouse will file for divorce, you should take steps now to protect your relationship with your kids, protect your financial security, prevent your spouse from engaging in improper conduct, and position yourself favorably for the divorce. [...]
Grandparents Visitation
Grandparents Visitation A grandparent’s loving relationship with his or her grandchild can often result in lifelong positive benefits for both the grandparent and the grandchild. However, Colorado law has strict requirements concerning a grandparent’s right to visitation. A grandparent may only obtain visitation rights in specific circumstances, and must strictly adhere to the procedural requirements [...]
Enforcing a Child Support Order
Enforcing a Child Support Order When the obligor (payer) under a child support order does not make child support payments as required, Colorado law provides multiple mechanisms to assist the obligee (recipient) in collecting delinquent child support payments and ensuring that the obligor continues to support the children in the future as required under the [...]
Allocation of Personal Injury and Worker’s Compensation Proceeds in a Divorce: Colorado’s Unusual Approach
Allocation of Personal Injury and Worker's Compensation Proceeds in a Divorce: Colorado's Unusual Approach The following article by Philip Goldberg appeared in TrialTalk Magazine (Sept.-Oct. 2013): To fully understand Colorado’s approach to allocating personal injury and workers’ compensation proceeds in a divorce, it is important to have a basic understanding of how property is [...]
The Divorce Process an Overview
The Divorce Process an Overview Initiating the Divorce If you are the spouse initiating the divorce, you are the “Petitioner” and your spouse is the “Respondent.” If you are the Petitioner, we will prepare a “Summons” and “Petition for Dissolution of Marriage” and hand-deliver (serve) it to your spouse. We will also file these papers [...]
Parental Responsibilities (aka Child Custody)
Parental Responsibilities (aka Child Custody) Colorado has eliminated the concept of “child custody” and in its place substituted the concepts of “parenting time” and “decision making” for a child. It was thought that the term “custody” connoted a sense of ownership over the child and distracted from the proper focus which was the parents’ responsibilities [...]
Maintenance (Alimony)
Maintenance (Alimony) In certain circumstances, a spouse may obtain an award of temporary or permanent maintenance (alimony) from the other spouse. Maintenance may or may not be available depending on the particular facts of the case. Maintenance is designed to provide for the reasonable needs of the eligible spouse or civil union partner. (In this [...]
Divorce Court Jurisdiction
Divorce Court Jurisdiction To obtain a divorce in Colorado, the court must have “jurisdiction” over the case and parties. “Jurisdiction” simply means the court’s authority to grant the divorce. There are two types of jurisdiction: “subject matter jurisdiction” and “personal jurisdiction.” The court must have both subject matter jurisdiction and personal jurisdiction over the parties [...]
Property & Debt Division in a Divorce
Property & Debt Division in a Divorce Colorado is a “dual property” equitable distribution state. This means that, in a divorce, the court may only divide and allocate the parties’ marital property and debt. The court may not divide or allocate a spouse’s separate property or debt. What is Marital Property? Marital property consists of [...]
Relocation with Minor Children
Relocation with Minor Children After divorce, it sometimes becomes necessary for a parent to relocate to a new geographic location. Sometimes the parent must relocate for financial reasons, other times for personal reasons such as to be closer to extended family. If the relocating parent wishes to relocate with the children, and the relocation will [...]
