Front Range Family LawProtecting men, women and children through family law battles in the Denver metro area since 2006.2024-03-01T17:37:21Zhttps://www.frontrangefamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1501306/2020/02/cropped-favicon-frontrange-32x32.pngOn Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485332024-03-01T17:37:21Z2024-03-01T17:37:21ZVia undisclosed acquisitions
Before someone files for divorce, their spouse may not look very closely at financial records. High-asset couples with a more comfortable standard of living often do not need to account for how each spouse spends their money. It is possible for one spouse to divert thousands of dollars over the years for the acquisition of property that their spouse doesn't know exists.
The rise of digital holdings has made it easier than ever before for people to acquire potentially valuable resources with marital property and hide them from their spouses. Others may store high-value items not subject to depreciation, like jewelry and durable goods, in a storage unit or a garage with the intention of using or selling those resources after the divorce.
Via hidden bank accounts
Higher-income individuals may receive bonuses, commissions and other forms of pay that they do not necessarily disclose to their spouses. They can then set those funds aside with their spouse being none the wiser.
Others may have set up a secret bank account years ago and could divert a portion of each paycheck into that other account before the remaining balance reaches their joint marital checking account. It can be difficult to find bank accounts held in only one spouse's name, especially if the financial institution is in another state or country.
People already dealing with the stress of divorce may have a hard time locating and valuing hidden assets. As such, having the help of a lawyer and possibly a forensic accountant may make it easier for Colorado spouses to identify and value hidden assets as they prepare for a high-asset divorce.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485322024-02-02T17:36:32Z2024-02-02T17:36:32Zbirdnesting custody scenario, the children stay in the family home, and the parents come and go depending on when they have parenting time. The following are the most common reasons that parents decide to attempt a birdnesting arrangement.
A child with special needs
All children tend to thrive in environments where they have a predictable schedule, known expectations and structure that they understand. That is particularly true for children with special needs. Parents may want to keep a child in the same location because they feel comfortable there and because the parents can maintain the same daily routine for the child.
A challenging real estate market
The last few years have seen an increase in the demand for residential real property, as well as a lot of competition for the homes that sellers list for sale. That competition for housing might make it all but impossible to keep the children in the same school district. Neither parent can necessarily guarantee that they can secure housing in the same school district. When parents want to keep their children in the same schools and close to the same social connections they already enjoy, a birdnesting arrangement might be a smart solution.
Relatively young children
Shared custody can be very difficult for those with particularly young children. Younger children do not yet have a sense of object permanence, making separation traumatic. Infants may struggle if they spend the night with the parent who isn't in their primary caregiver. Toddlers and preschool-aged children may also have a hard time being away from their parents for an extended time. Birdnesting arrangements allow the adults to come in and out of the house frequently and can therefore ease the stress of separation for younger children.
Birdnesting arrangements can be very useful for adults in a host of different personal situations. Evaluating every possible option can help parents more effectively arrange to share parental rights and responsibilities.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485312024-01-03T22:24:06Z2024-01-03T22:24:06ZColorado requires consent or court approval
Any move could increase the geographic distance between the children and one of their parents. That increased distance could impact the ability of the parent to spend time with their children. Therefore, any significant move that would change the primary residence of the children typically requires pre-approval.
Parents can sometimes cooperate with one another. The other parent may recognize that the move is necessary because it relates to someone's employment or housing options. They could then cooperate to adjust the existing arrangements for their family to allow the relocation.
Other times, the other parent does not agree with the relocation request. They worry that it could harm their relationship with the children or prevent them from regularly enjoying time with them. If the other parent does not cooperate, then it may be necessary to take the matter back to family court.
A Colorado family law judge can review the situation carefully to determine whether the move is appropriate. They may approve a relocation request if they believe it would be in the best interests of the children. They can then modify the existing division of parental rights and responsibilities to reflect the new circumstances and how that may change the parenting schedule.
Understanding Colorado’s approach to parental relocations, and seeking legal guidance accordingly, may benefit those hoping to move and those worried about losing touch with their children.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485302023-12-05T07:31:19Z2023-12-05T07:31:19Zchild’s best interests.
What does the court look at?
Determining a child's best interests in legal matters, particularly in cases of custody and parenting time during a divorce, often involves considering several factors simultaneously. While these factors can vary from one case to the next, the following are commonly considered:
Child's safety and well-being: The primary consideration is the child's safety, health and overall well-being. Courts prioritize arrangements that provide a stable and secure living situation.
Relationship with parents and caregivers: The quality of each adult’s relationship with the child is assessed, including their emotional bond, attachment and history of caregiving.
Primary caregiver role: The court may consider which parent has been the child's primary caregiver, considering daily care, involvement in education, healthcare and other important aspects of the child's life.
Child's wishes (if age-appropriate): The child’s preferences or wishes about custody and/or visitation could be considered if the child is mature enough.
Continuity and stability: Maintaining stability in the child's life, including continuity in education, community and relationships, is often deemed essential.
Cooperation between parents: Courts assess the willingness and ability of parents to cooperate and facilitate a positive co-parenting relationship, especially in shared custody arrangements.
Religious and cultural considerations: Courts may consider the importance of maintaining a child's religious or cultural upbringing and may take these factors into account in custody decisions.
Geographic proximity: Proximity of parental homes and the impact on the child's routine, schooling and social life may be considered when determining custody or visitation arrangements.
Special needs or considerations: Any special needs of the child, whether physical, emotional or developmental, are taken into account to ensure appropriate care and support.
Courts aim to assess these factors comprehensively and to make decisions that put children's best interests first. As parents go through a divorce, they need to know exactly what legal steps to take, what parental rights they have and how to seek a proper resolution. As a result, seeking legal guidance as proactively as possible is generally wise.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485292023-11-05T23:47:42Z2023-11-05T23:47:42ZChildren do not control the allocation of parenting time
When a judge looks at litigated family circumstances as they are dividing parental rights and responsibilities between the adults in a family, they have to consider a variety of different factors. Their main focus should always be on what would be in the best interests of the children.
With rare exceptions for scenarios involving abuse or extreme instability, the best outcome for children typically involves preserving a healthy relationship with both of their parents. Judges will look at the current family circumstances, including the current relationship that the adults have with the children and their schedules.
They can also consider the wishes of the children. Unlike some states, which have a set age for such matters, Colorado does not start considering a child's wishes after a certain age. Instead, a judge will consider a child's overall maturity and the reasoning behind their request when deciding how much weight to give a child's preferences when making decisions about parenting time.
Even if a teenage daughter does not currently want to spend time with her father, a judge will likely still require her to do so. The other parent in such situations has an obligation to encourage the children to abide by the parenting plan and to see the other parent in accordance with the allocation of parenting time.
Parents who commit themselves to being present for their children and making the most of their time together can often heal a damaged relationship as the family adjusts to new co-parenting arrangements. Understanding what will influence a judge's decisions regarding parental rights and responsibilities may help Colorado adults be better advocates for their relationships with their children.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485282023-10-11T23:52:18Z2023-10-11T23:52:18Zsome signs to watch for and to evaluate thoughtfully.
They constantly criticize you
While constructive criticism is a normal part of any relationship, belittlement, name-calling and demeaning comments are not. Over time, this can deeply erode your self-esteem and sense of self-worth.
They try to isolate you
Emotionally abusive partners often seek to isolate their spouse from friends and family so that they can keep you dependent on them (and hide their actions). They may discourage you from spending time with your loved ones or insist on controlling your social interactions.
They gaslight you
Gaslighting is a manipulative tactic in which the abuser attempts to make you doubt your own eyes, ears, thoughts and reality. They may outright deny things they've said or done and find ways to twist the narrative around any mistakes they can’t deny to make it seem like you’re somehow responsible.
They’re fond of the silent treatment
Emotional abusers may employ the “silent treatment” as a way to control and punish their partner. They withdraw affection, communication and emotional support just to create anxiety and insecurity in your mind.
They make threats
Threats and intimidation are clear signs of emotional abuse because they create an atmosphere of fear that is designed to keep you under their control. (It’s important to note that they don’t have to threaten you directly. Threats against your pets, for example, can be significant. So are threats of self-harm if you don’t comply with something they want you to do.)
Emotional abuse can be just as damaging as physical abuse and should not be ignored. Your spouse is the one person who should always be there to lift you up and make you feel empowered. If you feel like the exact opposite is happening, it may be time to explore alternative options and to safeguard your legal interests moving forward.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485252023-09-18T12:10:10Z2023-09-18T12:10:10ZColorado is a no-fault divorce state
There are some states where one spouse can file for divorce based on Pacific grounds, and adultery is one of the most universally acknowledged justifications for divorce. However, Colorado no longer allows fault-based divorce proceedings and will instead employ a no-fault approach when one spouse files for divorce.
In other words, neither spouse needs to prove that the other did something wrong, and marital misconduct will have almost no bearing on the outcome of the process. A judge will not deny someone time with their children because they conducted an affair, and they will also not punish someone by diminishing their share of marital assets because of adultery.
The only scenario in which there could be court-imposed consequences for conducting an affair is when someone uses marital resources for the purpose of having an affair and the other spouse can quantify how much they wasted. Someone who is able to prove that their spouse spent thousands of dollars paying for hotel rooms or buying gifts for their affair partner could present that financial evidence to the courts and make a claim of dissipation.
The use of marital income or assets for a purpose that undermines the marital relationship could lead to a judge altering their property division decree to integrate the value of those dissipated assets. For most people, adultery will have no significant impact on the outcome of divorce proceedings, which makes investigating the adultery or proving it to the courts a waste of time and money.
Discussing the situation that led to someone filing for divorce with an attorney might help an individual better determine the right approach to employ as they prepare for family court.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485242023-08-16T04:57:06Z2023-08-16T04:57:06ZThey want to work on the marriage
Not everyone considering divorce has given up on their marriage yet. Many people would prefer to save the relationship if they can. The act of discussing the outcome of a divorce can sometimes help people decide that working on the marriage is the better option. Many couples find that talking about what they need from the marriage and what would happen if they might divorce could help them reinvest in the relationship during a difficult time.
They want to keep things amicable
Perhaps the couple has young children, and they worry that the conflicts that commonly arise during divorce will cause lasting psychological harm for their kids. Maybe they attend the same church or work in the same industry and know that they will have to have numerous face-to-face encounters in the future. Those who would prefer to begin rebuilding their interpersonal relationship with their spouse throughout the divorce instead of worsening the damage through litigation may decide that a postnuptial agreement is the best way to achieve that goal.
They have specific outcome needs
Perhaps someone has assets that they absolutely cannot divide or custody terms on which they are inflexible. When someone requires a specific outcome from their divorce proceedings secure those terms. Having a written agreement that will facilitate an uncontested divorce filing can take all of the uncertainty out of property division and other key decisions in the divorce.
Postnuptial agreements can help people preserve their privacy and reduce what they spend on the divorce process. Learning more about the benefits of different approaches to divorce preparation may help those contemplating divorce choose the best path forward, regardless of what that path may be.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485232023-07-14T13:49:07Z2023-07-14T13:49:07ZHow social media can help someone’s case
Social media can be a treasure trove of evidence. What someone says on their own profile and the messages that they send to others can influence everything from property division to custody matters in some cases. Legal experts estimate that in roughly 80% of divorce cases, there is some kind of useful evidence to be found on social media.
Proof that someone has wasted marital resources or conducted an adulterous affair can have an impact on property division and other aspects and someone's divorce proceedings. What someone shares publicly is often the easiest information to collect, but records of their private messages and even what they post in secret groups on different platforms could help prove this conduct or establish their character during the divorce.
How social media can hurt someone's case
In many divorces, both spouses have done something that is either inappropriate or that may seem inappropriate to an outside observer who lacks context. What someone says and does online can potentially impact their divorce proceedings just as easily as what their spouse says could. The misuse of social media could even lead to defamation accusations if someone publicly makes statements about their spouse online.
Additionally, deciding to use social media as a source of evidence during divorce can make the process take longer and cost more for both spouses. If someone insists on having discovery access to their spouse's social media records, that could very well mean pages upon pages of documents to review, which can drastically increase the expense involved in divorce proceedings.
Many people choose to take the middle road by making use of public information or details that others have shared with them without demanding access to everything. The seriousness of the evidence available from a spouse's social media pages and the likelihood of someone implicating themselves or harming their position with their own social media use can influence the strategy that they employ in their divorce.
Being aware of how social media can impact divorce proceedings and seeking legal guidance when questions arise may help people make more thoughtful choices as they prepare for the legal side of their divorce.]]>On Behalf of Front Range Family Lawhttps://www.frontrangefamilylaw.com/?p=485222023-06-12T13:44:07Z2023-06-12T13:44:07Zqualified domestic relations order (QDRO) can lead to the creation of a second account that contains a portion of the original account's balance.
The process of transferring the funds from one account to another in accordance with a QDRO will typically not trigger taxes and penalties the way that an early withdrawal from the account to cover personal expenses might. Anytime couples hope to divide a retirement savings account after a divorce, a QDRO may be necessary. Those who utilize a QDRO during property division proceedings will want to take care that they don't make common mistakes that far too many divorcing couples do.
Assuming the creation of a QDRO is automatic
It is quite common for those in the end stages of a divorce to be very burned out with the legal process. They might therefore completely overlook the importance of drafting a QDRO after a judge reviews and approves a settlement agreement or enters a property division order. The courts do not put together a QDRO, which means that the divorcing spouses must do so themselves. People sometimes fail to draft a QDRO in a timely manner and then submit it to the courts for approval.
Failing to record the QDRO
Having a lawyer put together the QDRO and presenting it to the courts for approval is only the first step in the process of dividing retirement accounts. It is also necessary to present the paperwork to the professional or business managing the retirement account. The longer someone waits to record a QDRO, the more likely it is for there to be changes in the value of certain investments or for the other spouse to make a sizable withdrawal that will affect what the other receives. Although it does mean one more detail to manage, it is important to follow through with agreements related to retirement savings in a divorce people otherwise risk losing what could be a sizable portion of their share of marital assets.
Learning about and avoiding common property division mistakes may help those who are preparing for divorce to avoid potentially expensive oversights.]]>