Strategically helping Colorado clients through divorce & custody cases

Articles Posted in General Family Law Knowledge

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waste-paper-1240618By: Curtis Wiberg

During a divorce proceeding, or in a post-decree modification proceeding, issues related to a spouse’s income or assets are often disputed, especially when one spouse suspects the other spouse is hiding income or assets from them.

Typically, bank records and income information is disclosed through the mandatory financial disclosure process of Colorado Rule of Civil Procedure 16.2, or (if you have need to review many months worth of financial documents) through the process of discovery as outlined in Colorado Rules of Civil Procedure 33 and 34. These rules of civil procedure, however, operate on the premise that the spouse will abide by their duty to disclose requested or required information. Some spouses, whether through dishonesty, indifference, or neglect, do not abide by their duty to disclose (or fully disclose) their information as required under these rules.  

The spouse who does not disclose information as required is vulnerable to significant sanctions, and these sanctions often are sufficient to protect the spouse seeking this information.  However, if production of documents remains necessary, a party’s right to subpoena documents exists under a different, C.R.C.P. Rule 45. Continue reading

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hello-my-name-is-1244204-300x214By: Janette Jordan

There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case.

In a divorce case, if you are the party seeking to have your maiden or other name restored you should indicate such in either the divorce petition or the response, depending on your status in the case. That being said, you do not have to make the decision right away, but it helps to indicate from the beginning that this is something you are considering.  So long as you raise the issue with the court prior to the decree of dissolution entering you can change your name as part of the proceedings.  It should be noted that the other side has no say or control in terms of your requested name change.  Fortunately, statute (C.R.S. 14-10-120.2) also authorizes the filing of a request to restore a maiden name after the decree enters, should someone change their mind later on. Continue reading

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blank-survey-template-1-1236429-300x200By: Stephen J. Plog

In many Colorado divorce and child custody cases, it’s not uncommon to see situations in which one party or the other fails to follow the court’s orders, whether financial or child related in nature.   When orders are not followed, the aggrieved party is left with various remedies to consider, one of which is filing a motion and affidavit for contempt of court pursuant to Colorado Rules of Civil Procedure Rule 107.

The filing of a motion for contempt of court essentially entails setting forth allegations within the motion alleging that there are court orders in place, that the other party is aware of the court orders, that the other party has failed to follow those court orders, and that that party had/has the ability to follow the relevant, violated court orders.   Once filed, the court will give the contempt motion a prima facia review, after which it will normally issue a citation instructing the violating party to appear in court, at a certain time, to answer as to the allegations.   The initial hearing is generally for advisement purposes, at which time the accused will plead guilty or not guilty.  If “not guilty” is the plea then an evidentiary hearing will be set, to take place a few weeks, or months, down the road. Continue reading

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512154742-300x200By: Janette Jordan

In the State of Colorado, when you have a pending family law case before the court, such as a divorce filing, allocation of parental responsibilities filing, post-decree modifications, etc., courts typically require that the parties attempt alternative dispute resolution (ADR). In fact, C.R.S. 13-22-301, et seq. states that courts can require the parties of a contested issue or dispute to engage in some form of alternate dispute resolution.   The mediation is the most common form of alternate dispute resolution utilized by family law litigants, there are methods by which parties may elect to resolve their issues. Continue reading

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tape-recorder-1479279By: Curtis Wiberg

With the ease of technology making the prospect of recording phone and in-person conversations with a soon to be ex-spouse so much easier, more and more clients are presenting me with recorded conversations (whether audio or video) with their spouse for potential use as evidence in their divorce cases. A whole host of issues arise whenever this occurs.

The foremost consideration is ensuring that the recording was made legally. Colorado is one of the many states that allows for “one party consent” as an exception wiretapping criminal laws. C.R.S. § 18-9-303. What this means is that if there is one party to a conversation that consents to the recording of the conversation, then that is generally legal in Colorado. So, if you, as a party to a conversation, consent to the recording of the conversation, even if the other party is unaware that the conversation is being recorded, that is not illegal in Colorado. Continue reading

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New-Year-300x200By: Janette Jordan

New Years 2018 is upon us.  It’s that time of year again for reflection and new beginnings. We all have room to grow and improve, especially when you’re attempting to co-parent through a divorce, or even after. The holidays can be an especially difficult time and every person’s situation is different.  Poor and negative communication can only make the situation work.   Today, there are many ways of communicating, whether via phone, email, text, or a third party parental communication site.   Regardless of the media, how things are stated still matters, and venom can also come through in written words.  When it comes to communicating with your ex about the kids, here are some things to consider.

Tone & Language:  I tell every client that comes through my door, “communicate with the other party as if a judge is looking over your shoulder,” because typically, that’s what will end up happening when you have a dispute that the courts need to resolve. No matter how frustrated you may get, you should avoid using derogatory language, even if the other side “started it first”. Poor parenting behavior is often the first accusation made in contested child custody cases and you want to make sure your communications do not support that. Only you can control how you respond. Continue reading

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3d-illustration-mobile-technology-mobile-phone-1412071By: Jessica A. Bryant

As technology advances, it also impacts the way parties to a Denver family law case may try to present evidence to the court. However, these advancements are not always for the better. One major development is the creation of cell phone apps that purport to allow you to print off the text message from your phone. These apps make it sound perfect for a court proceeding- what better way to present your text message evidence to the court than through an app that coverts your text messages into one complete document? The problem with these apps is the method by which they convert the text messages to be printed out. If you try using such an app, you will find that what is printed out is basically a document of typed conversations. It really looks no different than what you could create in a word processed document. In other words, it is not as if the app is printing the text messages as depicted on your phone. The app converts the text message format and, through this conversion, changes the reliability/authenticity of the text message conversation.

In order to admit a document into evidence, pursuant to the Colorado Rules of Evidence, the court needs it to be authenticated.  In other words, the court typically needs a witness to confirm that the document is what it purports to be. However, getting a document admitted is only the first step. Once a document is admitted the court gets to decide how much weight it gives a particular document.  In other words, a report from an impartial expert on the case, who may have conducted a detailed investigation, met with the parties, the children, and made insightful recommendations to the court, may be given significantly more weight than a letter from a party’s mother saying they are a great parent. Both documents may be admitted because the expert and mother confirmed the submitted document was what the attorney was claiming it to be. That does not mean, though, that the judge will view both documents with the same amount of consideration. Continue reading

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professor-at-work-1430040By: Janette Jordan

According to the Colorado Judicial Branch 2016 Annual Statistical Report, starting at page 32, there were 34,966 family law court filings in 2016.   In speaking with court clerks, some will say that up to 70 percent of those are done by people without attorneys.  We’ve written on the subject of proceeding without an attorney several years ago, but I figured an update was in order. The legal system is a unique area of practice in that it allows for individuals to represent themselves (a term referred to as appearing “pro se”) in a Court of Law. This holds true for Denver family law cases. However, the court will still hold them to the same standard as a practicing, licensed attorney. So, what do you do when you find yourself being brought to court or needing to take someone to court with a family law dispute?

It takes two to tango and the same can be said for a non-contested case. More often than not, there are going to be issues that the parties cannot agree on or may be entirely unaware of.  The court cannot give you legal advice, so where do you turn to ensure that your rights and interests are being protected? That’s where having an attorney is invaluable. Having an an experienced family law attorney in your corner adds that extra layer of protection and insight.

The unfortunate reality is that conflict has a cost. Abraham Lincoln said, “A lawyer’s time and advice are his stock in trade.” Attorneys do not work for free and they cannot finance your case for you. However, the way I recommend clients look at it is as an investment in their future. You are retaining an attorney for their expertise and ability to get you through this process. A majority of the work that I do on a daily basis is trying to undue or fix past outcomes because a person did not have a lawyer and tried to do it themselves. Some of the hardest cases for me to turn down are ones where a person calls because they have a final hearing coming up last minute and are not prepared.  If available, I will certainly take those cases on.   However, when an attorney is not available for a last minute hearing, the litigant may end up having to do the case on their own.  The hope and goal are that you only have to go through this process once, so let’s do it right the first time. Continue reading

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dictionary-1426438-300x226By: Stephen J. Plog

As a Denver divorce lawyer, I regularly meet with people in need of help with their family law cases.   With each meeting, I have to be conscious of each person’s level of awareness when discussing the legal aspects of their case.   After almost twenty years of practicing  family law, it’s easy to forget that to the person going through their first introduction to the world of divorce, the common phrases that attorneys use may sound like complete gibberish unless explained.  The soup of divorce related terms which might cause confusion for the person going through divorce for the first time is no more intelligible than if I were talking to a computer technician or mechanic about the specific parts of a computer’s CPU or the specifics of how a to rebuild a car engine.   Below I will list some of the common terms one might hear when going through a divorce, with the intent of educating so as to help readers make sense of some of the words they might hear, yet not fully understand.

Petition:   A petition is the initial document filed in a divorce case.  It lets the court know a brand new case is being started.  For divorce, the petition is called a “petition for dissolution of marriage.”   In a custody case it would be called a “petition for allocation of parental responsibilities.”   Petitions must be personally served upon the other party, along with a “summons.”  Once petition and summons are personally served, the court has jurisdiction over the second party to the case. Continue reading

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COURTROOM-224x300By:  Jessica A. Bryant

The goal of this series of blog posts is to help people who have not been through a family law court hearing anticipate what questions they may face from the judge, opposing counsel, or the opposing party during that hearing. Part 1 of this series focused on what questions may be asked during a hearing on supposal and/or child support. In Part 2 of this family law article, focused on what questions may be asked during a hearing regarding child-related issues (decision-making and/or parenting time). This last part will focus on what questions might be asked during a divorce hearing regarding issues of property/debt allocation, attorney’s fees, and other miscellaneous questions that may be faced.

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