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Going Through a Divorce? Three Mistakes NOT to Make

Divorce Mistakes

Going through a divorce isn't easy, and it isn’t something most people do every day.  Chances are, you’ll make a few mistakes throughout the process.  But some mistakes are much bigger than others.  Here are three mistakes you really don’t want to make: Not Reading All Your Paperwork – don’t throw away your rights by thinking that important information doesn’t exist in the fine print - the Judge isn’t always going to put something important in bold letters for you. The Court system is extremely unforgiving, and if you miss a hearing, it is possible for the Judge to award...

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Divorce and the Holidays: Three Ways to Avoid Disaster

The holidays can be a particularly stressful time of year.  They tend to bring about additional spending, over-extended welcomes from in-laws, difficult travel schedules, extra cooking and cleaning, and of course extra indulgence.  They can also be an emotionally taxing time for many people, for various different personal reasons.  But if you’re already in an unhappy marriage and on the brink of divorce, this perfect storm of stress can turn your average holiday marital problems into serious legal issues.  Here are a few ways you can avoid disaster (legally), both now and in the future: Don’t Overdrink – this is...

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Contempt: 3 Typical Scenarios

Contempt

Throughout your domestic relations case you will receive various different Court Orders.  Most parties abide by these Orders, and follow the law.  But, sometimes, a party decides not to follow an Order, requiring the innocent party to initiate a contempt action.  A contempt action is designed to get a party to comply with the Order, and punish the non-complying party if necessary.  Here are three typical scenarios where contempt can arise: Refinance – as part of your divorce settlement, or permanent orders, your spouse may have stayed in the home and agreed to refinance the house to remove your name...

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Child Support: 3 Main Factors

child support

The wrong amount of child support can leave you without enough money to support yourself or your family.  So, it’s best to understand at least the basics of a child support calculation.  Child support is calculated from three main factors: Income, overnights, and expenses.  Calculating each of these factors can be extremely simple, or overwhelmingly complicated, depending on your situation.  Here are some fundamentals to remember for the three main factors that go into a child support calculation: Income – child support in Colorado is based on an “income shares model,” which means that the Court calculates child support based...

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Leaving Your Spouse? Consider These 3 Things

leaving

Leaving your spouse can be one of the hardest things you’ll ever do.  You may have been thinking about it for months, or even years.  Or, you may have discovered something about your spouse that changed everything in a heartbeat.  Regardless of how or why you’re leaving, when you tell your spouse, everything will change, and quickly.  Be sure to give some consideration to these three things before you inform your spouse you’re leaving: Who will live where? This is probably the biggest consideration, especially if you have children.  Once you file for divorce, it will be at least 92...

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Filing for Divorce: The Initial 42 Days

Divorce

The initial stages of your divorce can be hectic.  You’re often trying to process a great deal of emotion, while at the same time trying to sort out your temporary financial and living situation.  To make things more complicated, once your divorce is officially initiated with the Court, the timeline for various deadlines starts to run, and it’s important to know what to expect.  Here are three things you can anticipate in the initial 42 days of your divorce: The Petition/Response – if you are initiating the divorce, either you or your lawyer will file a Petition for Dissolution of...

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Calculating Your Income: Three Reasons Why it Matters

Income

If you’re dealing with a domestic relations case in Colorado, be it parenting time, child support, divorce, or otherwise, chances are you’ve had to disclose your current monthly income, as well as other relevant financial information.  The disclosure of financial information in a domestic relations case can be tedious, and painful.  As a result, the tendency is to gloss over the details when it matters most.  But that can lead to dire consequences down the line.  Here are three reasons that you’ll want to ensure your income is calculated accurately, the first time around: You Can Never Take it Back...

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Mediation: Five Things to Know Before You Negotiate

Mediation

If you’re dealing with a domestic relations or family law issue in Colorado, there is a high likelihood that you are required to participate in mediation.  Mediation is a confidential process where you enter into settlement negotiations with the other side, in an attempt to resolve your case.  Here are five things to know before you enter into mediation: The Format – chances are you will participate in “shuttle mediation.” This is where a mediator puts you and the opposing party in different rooms, and shuttles offers back and forth.  This is the most common format, and works well for...

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Negotiating a Parenting Plan: 3 Things NOT to do

Parenting Plan

Negotiating a Parenting Plan can be difficult and tedious.  However, as most Judges will explain to you, reaching a compromise regarding your children is far better than having a Judge decide your fate.  Like everything, doing things right the first time around will help you greatly in the long run.  Here are three things NOT to do when negotiating your Parenting Plan: Skim through it – this may seem obvious, but don’t skim through your Parenting Plan. You need to read your Parenting Plan.  This isn’t a hoop you have to jump through to get to the end of the...

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Motion to Restrict Parenting Time – Three Steps

Restrict Parenting Time

A Motion to Restrict Parenting Time is a serious remedy designed to assist a party in the event their children are in imminent physical or emotional danger.  Knowing the procedure behind a Motion to Restrict can help you act quickly in the event you need to protect your children.  Here are three steps to the process: File the Motion – a Motion to Restrict Parenting Time is filed pursuant to C.R.S. 14-10-129(4).   You will need to make specific factual allegations, under penalty of perjury, regarding precisely why you believe your children are in imminent physical or emotional danger by...

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