Strategically helping Colorado clients through divorce & custody cases
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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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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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By: Stephen J. Plog

Family law attorneys deal with a wide array of issues, both financial and child related. One of the three main areas of family law, often subsumed into a divorce or custody case, is child support. In Colorado, establishment of child support is governed by Colorado Revised Statutes (C.R.S.) 14-10-115 and modifications of child support are done pursuant to C.R.S. 14-10-122.
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By: Stephen J. Plog

We’ve all seen movies or TV shows in which “the new kid” comes to school, having moved from somewhere far away. He might be the child of a military officer or she might have that country twang in her accent as she navigates her way through the new school in the big city. In the end, of course, the child ends up making friends and amity rules the day. What we often don’t see in these cinematic, fictional works is the back story on how the new kid came to town, from a legal standpoint. Were her parents divorced? Was there a custody battle? Which state will have jurisdiction to deal with new visitation or custody issues?
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By: Stephen Plog

In any Denver area divorce case, there are many issues which need to be resolved, whether through settlement or ultimately a contested hearing in front of a judge. Those issues will generally either be related to finances or child custody. Two of the core issues that can arise in any case, depending on the facts and circumstances, are division of property and alimony, properly called “maintenance” under Colorado statute.
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By: Stephen Plog

A couple of weeks ago, while browsing the news on the internet I happened upon a story regarding a Michigan custody case which left me speechless. My jaw dropped, I spilled my coffee, and instantly started pondering the ramifications the story would have if this kind of judicial nonsense existed in Colorado family law cases. Fortunately it does not. The specific news story related to a case in which a judge decided to put three Michigan children in a youth detention center (jail) for refusing to spend time with their father as per court orders. In all my years’ experience I have never seen this type of action taken in Colorado regarding visitation (parenting time).
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If you are considering a divorce, things could happen in one of two ways. If possible, it is usually preferable if you and your spouse can come to agreements on things like property division and child care arrangements outside of court with the assistance of a mediator or an attorney. In the event that you absolutely cannot reach an agreement, however, you may have to present your case before a judge in court.
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Attorneys know the importance of financial disclosures in any divorce case. Colorado Rules of Civil Procedure rule 16.2 sets forth the procedural aspects, or rules, a court expects parties, with or without attorneys, to follow related to case management. This includes rules regarding disclosure of documents and information related to the financial issues of a divorce case, which can include property division, debt division, maintenance (alimony), and child support.
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Going to see a lawyer is like going to the doctor. None of us want to do it. Just like we don’t ask to be sick, we don’t ask to have legal problems. In reality, we will all need the assistance of a doctor at some point over the course of our lives. Likewise, may of us will need the services of an attorney at some point in our lives. For a large portion of the population that need will arise within the setting of a divorce or custody case. Just like going to the doctor, no one relishes the notion of paying an attorney to help fix their legal problems. Contrary to common belief, there is no statute indicating that the “loser pays.” However, fortunately there are some instances in which statute provides litigants an opportunity to recoup attorney fees in a Denver divorce, custody, or child support case, depending on the facts and circumstances.
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In the first two parts of this article, I focused on the significance of a contested Denver area divorce or custody hearing and the first procedure steps in terms of sequence and timing. In those posts, I discussed opening arguments, testimony, and what can be expected at each of those phases. This final segment will address the wrapping up of testimony, into closing arguments, and the potential for the court to rule from the bench. As indicated at the end of part two, I will also briefly address the rules of evidence as relates to testimony.
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