Family Law Blog

Importance of Divorce Paperwork in Colorado

In any court proceeding, paperwork is probably at the heart of the entire system. Though it can get confusing and has the ability to trap a layperson easily in its complexities, it is lengthy precisely because it has to cater to a wide range of possible issues that the average person is unaware of. In this regard, a good Colorado divorce attorney can lead you safely through the maze and bring you out unscathed.

However, its quite important to know the basic divorce paperwork yourself so that you'll have a firm grasp of proceedings. All matters relating to Colorado divorce are subject to the Colorado rules of civil procedure which lay down detailed instructions on how such a court case must proceed.

Petition for Dissolution

The petition for the dissolution of marriage is the item that starts the entire proceedings. It can be filed by either one of the parties, or by both together and contains important information such as when the marriage took place, when the parties were separated, the number of children (including whether or not the wife is pregnant), as well as any arrangements regarding the separation of responsibilities.

If the petition has been filed by only one party, the other person mentioned must be served with the notice. In case the other party isn't easily found, all efforts must be made to reach him or her including the insertion of a notice in the local newspaper - after which, the party has 30 days to respond to the notice or risk having a default judgement entered.

As soon as the summons has been received by the other party, the court will issue a temporary injunction that lays down a set of rules for conduct during the proceedings. This consists of a set of restraints against various activities such as transfer of marital property or removing a minor child from the state without informing the other party. However, an expanded temporary injunction can be applied for by either the husband or the wife depnding on the circumstances.

Hiring a Colorado Divorce Lawyer

This is probably the most important step to take when initiating a Colorado Divorce. In cases of contested divorce, you can be sure that your spouse will be hiring an attorney and unless you do the same, you could find your interests severely compromised due to the many legalities and loopholes involved. Our Clawson & Clawson attorneys will make sure that your rights are protected and will spare no effort to ensure a just and equitable outcome for you. Contact us for a free initial consultation.

Guiding Principles of Child Support

Child support in Colorado is calculated based on complex formulas devised by the court. The overarching principle of child support is to ensure that the lifestyle of the child is not affected in any way by the separation of the parents. Outside observers frequently wonder why a parent who doesn't get to spend much time with the child has to pay more for child support. They argue that since the parent is getting less "time" with the child, they should be paying less and not more.

The courts however, have decided that the parent spending more time with the child is also spending more money on child related activities which needs to be compensated. The formulas proposed by the court are designed to introduce as much objectivity into the payments as possible and ensure that consistent treatment is meted out to different parties over a period of time. However, judges do occassionally change the child support amount for extraordinary costs such as medical and work related expenses.

Calculating Child support in Colorado

The Colorado Revised Statutes take into account the total combined gross income and segregates it into two slabs. The first slab is below $850 a month. In this case, a minimum payment of $50 is required except when each parent keeps the child at home for more than 3 months in a year. The second slab is between $850 and $20,000 a month.

There are different amounts to be paid based on the number of children for whom child support is required. The total range of monthly child support goes from monthly payments of $184 to $4,049 depending on the income of the parents as well as the number of kids. When the combined income falls between a given range, the child support amount is interpolated to arrive at the actual figure.

Hiring a Child Support Attorney

There are many more factors to be taken into consideration over and above the basic guidelines laid down by the courts. The section of the Colorado Revised Statutes that deals with Child support payments is Title 14, Article 10, Section 115 and it's a very long and complex portion of Colorado Family law. By contacting an experienced Clawson child support attorney, you will be able to benefit from hidden provisions and prevent many pitfalls that could end up harming you seriously. Come to us for a free initial consultation!

Temporary Alimony in Colorado

Alimony is a complicated, contentious topic of law and each case is different from the next. Our experienced Clawson & Clawson Colorado divorce attorneys have been known to get extremely favorable results for their clients and our firm has an impeccable track record in these cases. However, temporary alimony is one of those aspects of Colorado law that is a little less well known than regular spousal maintenance.

Since a divorce proceeding may take a lot of time, either party can file for a temporary order regarding the various aspects of a divorce case such as the usage of property, child custody and spousal maintenance. Temporary alimony is one of the items that can be decided and the court usually takes the opinion that during this time, the finances of the two parties should be mixed up so as to give each a time to adjust to the circumstances.

Formula for Colorado Temporary Alimony

There is a standard formula that is presumed to be used when the amount of temporary alimony has to be determined if the combined income of the two parties is less than seventy five thousand dollars a year. The formula is 40% of the income of the higher earning spouse minus 50% of the income of the lower earning spouse. If the outcome of the formula is either zero or less than zero, there will be no temporary maintenance.

However, the court also has the power to make changes to the amount in despite the formula if it finds that it's unfair. In addition, the party who is eligible for the alimony may choose to waive the right and specify the reason for doing so. In case the judge finds that the reasons are fair, temporary maintenance can be waived.

And finally, if the party with the higher income already has some maintenance payments to make, his or her income is adjusted to reflect the total amount of disposable income.

When the combined income is over $75,000 however, there is no set formula for maintenance and the court must decide if it's necessary at all based on a number of factors.

Getting an experienced Colorado Divorce Attorney

Spousal maintenance or alimony cases in Colorado can be complex. A lot depends on how well your case is represented in court. A cogent presentation can impress the court and persuade it to give you a judgment very much in your favor. Contact our Clawson & Clawson attorneys for a free initial consultation.

Colorado Courts and Marriage Counseling

We saw in an earlier article, that the only valid grounds for divorce in Colorado is that of "Irretrievable breakdown." It was also mentioned that in case one of the parties has denied that such a breakdown exists, the court might strongly suggest to both the parties that they seek marriage counseling. f you're involved in a marital dispute, you can ask your divorce attorney what your options are and whether or not you think it's a good idea to try counseling.

One might wonder why the State of Colorado wants to play an active role in encouraging estranged married couples to reunite. In fact, this is the very purpose of the "Marriage Counseling" section of Colorado law found under Title 14, Article 12. The State of Colorado declares a specific intent to further the continuance of peaceful marriage relations between two parties. This intent becomes a compulsion when there are minor children involved in the equation. In addition, there are undesirable economic and social consequences arising from broken homes which the state is desirous of avoiding.

In every judicial district, the chief judge can appoint domestic relations counselors who are qualified to mediate between parties involved in a marital dispute.

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Privacy of Marriage Counseling

It's very important to note that all communications between the two people and the marriage counselor is privileged and cannot be disclosed to any third party. Perhaps most importantly, no information or communication gathered during counseling can be used against either party in the court proceedings even if the counseling was urged by the judge involved.

After Counseling

Sometimes the marriage counselor comes the conclusion that further treatment is necessary for a prolonged period of time. Such treatment can be psychological or even religious in nature. In which case, they refer either or both parties to the relevant person who can help them.

The fees for the marriage counselor can come from either the husband, or the wife or both. The judge can decide who is to pay for the counseling and apportion the costs.

Ask your Divorce attorney

Our Clawson & Clawson divorce attorneys have lots of experience in observing various cases and can assist you in deciding whether or not marriage counseling could play a role in improving your situation. Contact one of our attorneys now for an initial consultation and obtain their advice.

Divorce Grounds in Colorado Springs

Colorado law with regard to divorce hasn't always been what it is now. In earlier versions of the law, there was a tendency to fix the cause or the blame for the divorce on one spouse or the other. For example, one spouse may have been excessively cruel or could be a "habitual drunkard" and so on and so forth. The modern form of the law however, recognizes the realities of marriage and accepts the fact that surface appearances belie the complications of a situation and has modified the grounds for divorce in Colorado.

A better understanding of marriage conditions pushed through changes that have become the revised statutes today. Divorce proceedings no longer attempt  to fix the blame on any one spouse, but are "no fault" in nature. The only grounds for divorce now is "Irretrievable breakdown" as laid forth in Title 14, Article 10, Section 102 of the Colorado Revised Statutes.

Arriving at Irretrievable Breakdown

The easiest way for a court to arrive at a finding of irretrievable breakdown is for both the parties to swear under oath that the marriage is indeed beyond redemption. Such a finding can also be arrived at if one of the spouses claims a broken marriage and the other does not deny it. In such cases, the court will make a finding of Irretrievable breakdown after an initial hearing.

Things get a little more complex if one of the spouses denies the breakdown. In such a case, the court must inquire what prompted the first party to make such a claim. At its discretion, the court will either make a finding of irretrievable breakdown then and there, or post the matter for further hearing which must take place at least thirty days later. The court may also suggest that the two parties attend counseling sessions. At the next hearing, the court will determine whether the marriage has broken down or not.

Role of a Colorado Divorce Attorney

A Colorado divorce attorney will help you represent the facts of your divorce in a way that brings you the most benefit. At Clawson & Clawson, we treat each case with the care and detail it deserves and take the burden of the court proceedings and filings out of your hands. You have enough on your plate to worry about without undergoing further hassles. Contact us for a consultation and rest assured that you're in good hands.

Colorado Divorce vs Legal Separation

The term "separated" has become common throughout the State of Colorado as a euphamism for married couples who have agreed to stay apart for a while. While this is not a rare occurrence, not many know that there is a provision in the Colorado Revised Statutes which allows married couples to be legally separated and still remain married.

There are subtle differences between legal separation and divorce, and we examine a few of them below. A divorce attorney can explain the subtelties in greater detail however.

Legal separation is similar to divorce in almost every way except for the fact that you're still considered married. Probably the most common reasons for couples to choose legal separation are due to religious or moral considerations. Many faiths hold a divorce as something to be assiduously avoided and there might be significant family pressure to avoid one as well. In addition, the nature of the phrase "separated" is less threatening and final than "divorce".

It's also true that most legal separations end in divorce and since many of the issues involved are the same as those discussed during a divorce hearing, it's not at all unusual for the terms of the divorce to follow along the same lines as the decree of legal separation.

Since the parties are still technically married, the duration of legal separation is counted when it comes to deciding the number of years spent together. This can be important for issues such as determining social security rules or the division of military retirement benefits during divorce. Legal separation also keeps intact inheritance rights. However, this can be superseded by a clause to the contrary if inserted into the final separation decree. And finally, the two parties cannot remarry - a consequence of the fact that the original marriage still holds.

Apart from the above differences, legal separation is no different from divorce. Issues such as child custody, spousal maintenance and visitation rights must all be addressed just as in a divorce proceeding. In addition the division of property must take place as well and collective debt incurred must be apportioned to the two parties.

Obtaining a Colorado Divorce Attorney

Since the paperwork for legal separation is almost the same as that for divorce, you need a competent divorce attorney to help you navigate your way through the maze of legal intricacies. Remember - any decree for legal separation is likely to be carried forward in case of a divorce, and so it's in your best interests to get it right. The consequences of not doing so can haunt you for the rest of your life. Contact a Clawson & Clawson attorney now!

Military Retirement Benefits

Mlitary divorce cases are probably one of the most hotly contested of all the various divorces. This is due to several reasons, not the least of which is the great retirment package that accrues to military personell and their spouses. Of course, other complications exist as well such as jurisdiction problems which we'll discuss in a later article.

The calculation of military retirement benefits is a complicated one involving three different schemes depending on how long a person has been a member of the service. This is exacerbated by the fact that congress sometimes changes the laws as it did in 2007 relating to the caps on the percentage of the basic pay that can be allocated as a pension.

How it affects Military Divorce

During the divorce of a military personell, the court needs to decide how to (if at all) split his or her retirement benefits as part of the divorce settlement. The laws give the courts the power to treat the military retirement benefits as marital property to be divided if the courts think it fit. The Uniform Services Former Spouse’s Protection Act (USFSPA) provides the legal framework for this concept and also brings the Department of Defence into the loop by creating an enforcement provision.

According the Colorado revised statutes on the Disposition of Property under Title 14 Article 10 Section 13, all the disposable portion of the marital share of the military retirement pay is subject to being classified as marital property with the exception of disability pay. However, there are provisions in the laws that state there is an upper limit to the percentage of military retirement pay that can be disbursed to the spouse, and that this cannot be exceeded even if there is more than one divorce.

It's important to note that the "marital share" of the retired pay is only that amount that accrues during the marriage. Meaning that any retirement pay that's a result of time spent unmarried belongs to the service member alone. The proportion of time spent married to the time spent alone while in service is the extent of the marital share of the retirement pay.

Hiring Experienced Military Divorce Lawyers

Since the amount of retirement pay awarded to the spouse isn't set in stone, it's important to have a competent military divorce lawyer who can ensure a settlement that is of maximum benefit to you. Contact our experienced Clawson attorneys for a consultation to find out how we can help you get a favourable verdict.

If you are getting divorced in the state of Colorado, you have probably heard the term “equitable distribution.”  Many couples misinterpret this term to mean a 50-50 split of all marital assets, but equitable doesn’t mean equal.  A Pueblo Colorado family law attorney can help you better understand the law and make sure you get your fair share in a property settlement.

Looking at the financial situation you are in at the time of separation will help you determine how your property and assets should be divided.  Here are some of the key points our Pueblo divorce attorney will want you to review:

Going to court to seek spousal support in divorce can be a risky proposition in Colorado.  In many cases, plaintiffs are unaware of the laws concerning support, and they find out too late that the law is not working in their favor.  That’s why Denver family law attorneys recommend seeking a mediated settlement before jumping into a courtroom. 

As a Denver domestic violence lawyer, I have seen several offenders try to seek an easy way out of court-ordered treatment by going to marriage counseling or “going through the motions”, only to become a repeat offender down the road.   In my experience, the state’s approach to treatment of domestic violence offenders is often ineffective and impossible to assess.  That’s why I was originally encouraged when I learned about new standards for court-ordered counseling of domestic violence offenders. 

Under current Colorado domestic violence guidelines, convicted offenders are usually required to undergo a minimum of 36 weeks of treatment.  The new guidelines will make the duration of the program dependent up on the assessment of a Multidisciplinary Treatment Team (MTT).  This team consists of an “approved provider”, the responsible criminal justice agency, and victim’s advocate.  Of these three, a substantial amount of influence will be given to the approved provider, as they will be the only one allowed to make recommendations to the court about the need for continued treatment, the level of treatment required, and the assessment of its success.  One problem with this approach is that the approved provider has a significant financial interest in the continuation of treatment, so their objectivity may be questionable.