Strategically helping Colorado clients through divorce & custody cases
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Justice

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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Family-law-child

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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telephone-cord

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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family-law-parenting-time

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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Pots-and-Pans

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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gavel-judge

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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divorce-paper

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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myth

Divorce can be a challenge, and there are many myths out there that can make it even more confusing. We have set the record straight on four of the most common pieces of misinformation about divorce so that you will have a better idea what to expect in your own case.

Myth #1: My ex-spouse has no claim over any assets listed in my name.

The laws for dividing property vary from state to state, but as a general rule, any assets that a spouse owned before they were married are considered separate property and are solely theirs. Any assets that were acquired through the use of marital funds during the marriage are considered marital property, and will be divided between the spouses in a divorce. You might be wondering, what if my name is the only one on the mortgage or the title? Regardless if only one spouse is listed as the owner of the asset, if it was paid for or maintained at any point using marital funds, both spouses will have a claim to it.
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phone

By: Stephen J. Plog

Denver area custody attorneys are keenly aware of the major and minor issues to be dealt with in divorce or custody cases. Of course, the major issues primarily relate to legal custody (parental responsibility regarding the making of major decisions), visitation (parenting time), and primary residential custody. Though the core of any child-related litigation centers around these major issues, there is an array of lesser issues which will also need to be addressed, such as obtaining orders regarding transportation for parenting time or getting specific holiday schedules in place.
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