Strategically helping Colorado clients through divorce & custody cases
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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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By: Jessica A. Bryant

At some point in nearly every Colorado family law case, the court will enter an order requiring the parties to attend some sort of Alternative Dispute Resolution (ADR) session. The most commonly ordered and used type is mediation, which has been discussed in a prior blog post. There are several other types of Alternative Dispute Resolution that may be appropriate for your family law matter, such as arbitration, settlement conferences, or Early Neutral Assessment (ENA). This post is focuses on Early Neutral Assessment and the benefits and drawbacks of using such. However, before deciding what process to pursue for your case, it is always best to consult with your attorney to decide, together, what is course of action will be best for you.
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By: Stephen J. Plog

In custody cases, visitation, or “parenting time,” comes in many forms. This can include specific orders regarding telephonic or other electronic contact between a parent and child, such as Face Time or Skype. In the modification of orders, or otherwise.
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By Sarah T. McCain

Parties going through a Colorado family law matter, such as a divorce or custody case, often spend countless hours drafting a specific and thorough parenting schedule for their children. Each parent wants to put together a schedule which they believe meets the best interests of their children. However, parents are often not prepared for the circumstance when the child or children state their decision to stop exercising that schedule, meaning they don’t want to go for parenting time. This can be a frustrating time for the parent who is no longer receiving their planned parenting time and, when the child is an older teenager (ages 16 and above), it may even be more frustrating to learn that there may be limited options to correct the situation, despite the child still being considered a minor. However, despite limitations there are still options.
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By: Stephen J. Plog

As experienced Colorado divorce attorneys, we are extremely familiar with the numerous issues people might argue over in any case. As stated in prior blog posts, the primary issues in any divorce case can be child custody, spousal support (maintenance), child support, division of debt, and division of property.
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By: Jessica A. Bryant

One question every person in the middle of a Court case faces at some point or another, whether in a divorce case, custody case, or other Colorado family law related matter, is “How do I prove my argument to the Court?”

You may have a winning argument, but if your proof is not submitted to the Court in a way the Court can accept it, it may be meaningless. It is not always as simple as giving a document to the Court and asking them to read it. The Court is restricted by many evidence rules which limit what it can and cannot look at. In order to make sure you have the best chance at Court, it is important for you to be aware of such rules so you can make sure to provide your information to the Court in a way the Court can look at it and consider it before entering the final orders. These rules are uniform throughout the state and apply whether you have a Douglas County custody case or a divorce in Arapahoe County.
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By: W. Curtis Wiberg

Every so often, Plog & Stein, P.C. receives calls from someone who states that they’ve been separated for years from their spouse, but that neither party ever bothered to make the divorce official.

While typically, it’s no big deal if both spouses agree to just amicably make it official, both parties have put themselves at great risk for exposing themselves to paying maintenance or losing a significant portion of their assets that have built up over the years since the parties separated.
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