Strategically helping Colorado clients through divorce & custody cases
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In a Colorado divorce, reasonable financial needs do matter in a determination of alimony. Reasonable needs matter for both parties, though not to the same degree as previously stated in statute. Much has been made of the new 2014 alimony (properly termed “maintenance”) formula, with individuals often jumping right to the formula without so much as a review of the initial factors in determining maintenance. This can include both family law attorneys and judges alike.

The first part of the statute regarding maintenance, C.R.S. 10-14-114, still includes a review of whether an individual requires maintenance to meet their reasonable needs. The Court must first make this determination of such, which requires a review of whether an individual has sufficient income to cover their reasonable needs or has enough property, either marital or separate, to meet these needs.

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As a Denver area divorce attorney, I’ve often heard the commonly cited statistic that nearly half of all first marriages in the U.S. end in divorce, but the many factors that go into this number are far less well known. Looking at more specific numbers across demographics paints a much more nuanced picture of divorce trends.

Divorce Trends in the United States

The divorce rate has steadily been dropping in the U.S. since 1996 for a variety of reasons, not the least of which is that more people are choosing not to get married, or are delaying marriage until a later, more mature age. Still, divorces are occurring at a rate of roughly one every 36 seconds, amounting to 2,400 divorces per day, or 876,000 per year, according to the U.S. Census Bureau.
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In divorce and other family law proceedings, the attorney you choose can make the difference in your case. In light of this, it is a good idea to take time to find a lawyer who is not only highly qualified, but who you also feel comfortable working with. It’s also a good idea to find a Colorado family law attorney who seems to have a familiarity with the courts handling both divorce and custody cases.
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By: W. Curtis Wiberg

As part of a Denver divorce or custody case, the Court may be asked to make determinations concerning child support and alimony (spousal support). The most significant consideration in these determinations is each party’s income. While it is often easy to just look at the most recent paychecks or W-2 of each party and plug those numbers into the child support and/or maintenance guideline calculations, when one party is not working, not working full-time, or not working at an employment/income level that is consistent with his/her capabilities, the income issue becomes much more interesting and complicated. Experienced attorneys will understand the intricacies that come when determining and proving income of in some cases.

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By Stephen J. Plog

“Should auld acquaintance be forgot? And never called to mind…,” the famous words from the classical, New Year’s musical standard. 2015 is gone; long reign 2016. In Colorado family law cases, there are various rules and concepts tied into the New Year which give couples and families things to think about in terms of finances, financial planning, childcare expenses, and other aspects of their cases.

Below are a few of the New Year-related topics that I, as an experienced Denver divorce attorney, have repeatedly advised clients about over the years:
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By Jessica Bryant

In many of the divorce, custody, and child support cases I have handled over the years, the question of expert witnesses has often arisen. There are different types of experts that may be relevant, necessary, or helpful, depending on the issues in dispute in your case. Ultimately, your experienced Colorado family law attorney is the best person to advise you as to what is the best fit for your case. For any case, there are experts that can be appointed by the court to complete certain tasks, and experts you can hire yourself to provide certain information.
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Divorce is difficult enough at any time of year, but it can be even more so around the holidays. In addition to the stress, anger, or sadness brought on by this major life change, it can be even more emotional to realize that celebrating the holidays may look very different from now on. Although the legal and personal process can make for turbulent times, it is important to remember that divorce does not define you, nor does it have the power to ruin your happiness.

Having helped numerous clients navigate their Colorado divorce proceedings, including during the holiday season, we’ve seen the common issues that arise and have learned how to best approach them. This holiday season, keep these thoughts in mind to help you get through the rough patches:
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By Sarah T. McCain

Often times, the topic of divorce is mentioned and thoroughly discussed in a home prior to either party taking any action to start the process. In those cases, the parties may have a good idea of the agreements they want to make between themselves. Those agreements may generally remain the same throughout the process and may ultimately be memorialized in their final Colorado divorce paperwork.
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By: W. Curtis Wiberg

All too often, in a deteriorating marriage, one spouse calls the police during a very heated argument that may have gotten physical or threatening and one spouse finds himself or herself arrested for a crime involving domestic violence (harassment, assault, criminal mischief, false imprisonment). Once released on bond, that spouse is then often served with divorce papers, a Temporary Restraining Order filed in the divorce case, and a notice of hearing in the Colorado divorce court, which will occur within two weeks.
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