Congratulations to the 2021 Divorce Matters Scholarship Winner, Paola Gascot!

Divorce Matters is proud to announce Paola Gascot-Chinea as the winner of the 2021 Divorce Matters Scholarship. Although we had a lot of qualified applicants this year, Paola stood out among them. Our committee was impressed with Paola’s academic involvement, work ethic and abundance of extracurriculars that positively affect Paola’s community. Paola will be entering her second year at Denver University, majoring in Environmental Science.

Paola’s achievements and involvement in her community stood out above the rest. Some of her high school involvement includes the Student Equity Working Group, the Hispanic Latino Student Alliance, founding the Women’s Forum, playing tennis and running cross country, volunteering as a peer mentor at Our Turn (a non-profit bringing equality to education), and volunteering at the Children’s Hospital of Aurora. In college, Paola has joined a living learning community for environmental sustainability to dig into her interest in the environment. She has also joined the Pi Lambda Chi sorority for Latina students.

When asked what this scholarship meant to her, Paola told Divorce Matters, “This scholarship means everything to me. As I answer these questions, I feel emotional and I feel the urge to cry happy tears! I have worked so hard and I have gone through so much that it feels amazing to know that all of that hard work has paid off. It’s even more of a relief that I can focus on my studies and take it one day at a time. I don’t have to be rushing or finding ways in order to pay for my education, as I do pay for my own studies.”

It is our honor to award Paola with this scholarship. We wish her the very best in her undergraduate education, and in achieving her goal of applying her Environmental Science degree to making a difference in both low-income communities and communities of color. To everyone reading this, Paola would like to say that “anything is possible if you set your mind to it. At the moment it may feel like not much is going to happen but results don’t usually start showing until further down the road and it is more than okay to fail because that is how you learn. That is how you become a better person.”

We want to thank everyone that applied and wish you all the very best in your academic endeavors!

Can My Citizenship Status Affect My Divorce?

Divorce can be a difficult process on its own, but when you have citizenship concerns it can become even more daunting. However, if you arm yourself with knowledge about your situation you can properly prepare yourself for what to expect.

Is there any difference in the divorce proceedings or parental rights hearings if I am not a U.S. citizen or if I have recently become a U.S. citizen?

The short answer is no! The proceedings should continue exactly as they would if there were no citizenship concerns. If you have recently become a citizen, there are no concerns as to the status of your citizenship, because your citizen status cannot be taken away due to your divorce.

Will divorce affect my green card status?

This question has a more complicated answer than the first! To understand how divorce might affect your citizenship status, you first have to understand how the citizenship process works. To become a citizen, you must have a green card. In order to get that green card, through marriage, immigration officials must confirm that your marriage is a “bona fide” marriage. This just means it cannot be a marriage for citizenship. After you get your green card, you have to retain it for a certain amount of time, usually 5 years, to gain your citizenship. However, this time shortens from 5 years to 3 years if you are married to a U.S. citizen. If you do file for divorce before the 3 years is up, you will not have your green card revoked, however you will have to wait the 5-year waiting period for citizenship, as opposed to the 3-year waiting period when you are married to a U.S. citizen. This also holds true if you have been married longer than 3 years, but less than 5 years, and have not yet filed for citizenship. If you have already had your green card for 5 years before you file for divorce, however, the divorce will have no bearing on when or if you can file for citizenship.

If the divorce is contentious and your ex-spouse claims that the marriage was not bona fide, the case can become a little bit more difficult. If you already have citizenship, this will not affect your citizenship. If you still have your green card, you will just have to prove that the marriage is or was bona fide, either by what immigration officials have already proven or by your own evidence, to continue in the citizenship process.

What if I am undocumented? Can I still get a divorce?

If you are undocumented, you can still get a divorce and proceedings will continue as they would for any other divorce case. It is important to note, though, that anything you say in divorce court can also be used against you in immigration court. Because of that, if you are undocumented, it is wise to retain an immigration attorney as well as a divorce attorney in the case that you do want to file for divorce. Being undocumented could also make parenting agreements difficult, especially if you are deported or leave the United States. Again, in this case it is important to retain an immigration attorney, as well as a divorce attorney, to protect your parental rights.

What If I Need To Change My Parenting Schedule For The School Year?

Can parenting time arrangements be changed for the school year?

Parenting time arrangements may need to change during the school year. If a school year arrangement was not considered in the original parenting plan or the original school year arrangement needs to change, a modification request will need to be submitted to the court or agreed upon by both parents. As far as what the court may or may not approve, the court looks into a few different things when considering a school year parenting arrangement. These factors can include:

  1. The distance between parties and the school. The court will often try to prevent kids from traveling huge distances to and from school, so one party being significantly closer to the school can affect who will have more weeknight parenting time.
  2. Record for school attendance. If one party shows an inability or unwillingness to get the kids to school on time or consistently, the court will take this into consideration.
  3. Ability to assist with schoolwork. If one party shows an inability or unwillingness to help with schoolwork or encourage education, the court will consider this.
  4. Parents’ work schedules and alternate care arrangements: The court may award more weeknight parenting time to one parent if that parent has more appropriate before and after school care, or even overnight care, depending on the parent’s schedule
  5. History of giving up parenting time. If you have a history of giving up or rescheduling parenting time, the court may consider less parenting time for you so that the children may have a more consistent schedule.
If we want to change our parenting arrangement for the school year, how do we do it?

Unless both parties agree to the changes to the parenting plan, the modification will likely take a good bit of time, so it is a good idea to get started on the process as soon as possible. That being said, if both parents can agree on the modifications, the process is fairly easy. After an agreement has been reached, the parents will need to file a “Stipulated Modification of Parenting Time” with the court. The court will then review this document and, most likely, accept the changes to the parenting plan. It is important to remember that until the court approves the changes to the parenting plan, it is important to stick to the most recent parenting plan that was ordered by the court.

If the parents cannot come to an agreement on how to change the parenting agreement, the process is a little different. The first step is to look at your current parenting plan and determine if that plan requires the parents to attend mediation. Parenting plans often require the parents to attend mediation before any documents are filed. Even if mediation is not required by your parenting plan, it can still be a helpful tool in reaching an agreement with your former spouse amicably and quickly. If mediation is not required, you need to file a “Motion to Modify Parenting Time” with the court. Once this paperwork is filed, the court will set an “initial Status Conference” and provide a “Case Management Order”. Both of these will help determine the path forward, including dates and requirements to change the parenting agreement. The final step is the “Final Orders Hearing”, during which you can present facts, testimony, and evidence to support your reasoning behind the request to a modification of the parenting agreement.

What if I believe my spouse is unfit to have custody of our children? What do I do?

There are a few different routes to take depending on the severity of the situation. If your concerns do not require immediate attention, you can file a “Motion for Modification of Parenting Time”, as discussed above. This motion may be filed every two years or as often as necessary, as long as you can prove that circumstances have changed. The change in circumstances could be a variety of things, including, but not limited to, moving, use of drugs or illegal substances, or the creation of an unsafe situation for children. In proving this change of circumstances, it may be helpful to hire a third-party investigator, called a Child and Family Investigator or Parental Responsibilities Evaluator. To be clear, this is not an immediate solution and will take a minimum of 3 months to complete. Following a minimum of 3 months, the court may deny the modification and elect to keep the parenting plan consistent or modify the plan in line with the requested modification or in any way the court sees fit to modify the parenting time agreement.

If your situation is more urgent, there are two roads that will lead to a quicker reaction from the court. One of these options is to file a “Motion to Restrict Parenting Time”. This motion must include the reasons that you believe the children will be endangered, either physically or emotionally, by remaining in the care of the opposing parent. The court is required to set a hearing date within 14 days of filing this motion, making it significantly quicker than filing a “Motion for Modification of Parenting Time”. When the date of the hearing comes around, you should make sure to bring any evidence you have that your children are not safe with the opposing parent. It is important that this evidence is not just what your children have told you, as this can be considered “hearsay” and may not be admissible evidence. If the court finds that you are correct and the other parent is physically or emotionally endangering the child, there may be steps or restrictions put into place that the opposing parent must go through if they want to regain any parenting time. For example, if the opposing parent has been using drugs, the court may order a rehabilitation program before they are allowed to regain any parenting time. The court can also restrict or reduce the opposing parent’s parenting time. It is important to remember that this is a very serious claim and should not be filed without base. If this motion is found to be baseless or vengeful, the court may require you to pay the opposing parent’s attorney fees.

The second option for a more urgent case is contacting Child Protective Services (CPS). CPS is a government agency that investigates claims of child abuse or neglect. This is the most serious action and will result in the most immediate response. Before getting more into this process, it is important to note that calling CPS on the opposing parent will also invite CPS to investigate you. The organization is meant to make decisions in the best interest of the child and they cannot do this without investigating every aspect of your children’s lives.  This investigation will include interviewing both parents, various witnesses, and the children themselves. CPS will generally make findings of the best situation for the children without initiating action through the court. In more severe cases, however, CPS will initiate action through the courts called a “Dependency and Neglect Action”. This may result in the child being removed from the unsafe environment, supervised visitation, reintegration therapy, substance abuse monitoring, or any action that the court feels is appropriate to the situation.

The Child Custody Process

The child custody process can be stressful for both parents and children. But knowing the basics of the process ahead of time, as well as what documents you might need to collect, can help the process run a little smoother and reduce the impact to your children.

What is the Child Custody Process?

The child custody process in Colorado is referred to as Allocation of Parental Responsibilities, or APR for short. Either parent, or even stepparents, grandparents, or guardians, can initiate the custody process, or APR action, by filing a Petition for Allocation of Parental Responsibilities with the court. For the parent to be able to file in the state of Colorado, in most cases the child has to have lived in the state for 6 months before filing. There are some exceptions to this rule, but the 6 months requirement is what will generally be used.

During the child custody process, the court will address three main things:

  1. parenting time, or what is called physical custody
  2. decision making for the child, including decisions regarding education, medical needs, religion, and extracurricular activities
  3. child support
How Is Child Support Determined?

To help the judge decide on these three core areas, each parent will also need to complete a Sworn Financial Statement and mandatory Financial Disclosures. Both of these documents will help the court determine who will pay child support, if at all, and how much they will pay. That number will be based on a formula that Colorado courts use, which takes into account the parents’ incomes, the number of overnights the child or children will spend with each parent, and the payment of other expenses for the child or children, which can include childcare expenses, insurance, or education costs. You can estimate what your child support costs might be using Divorce Matters’ Child Support Calculator.

What do the Courts Look at When Determining Parenting Time and Decision Making?

As far as parenting time, or physical custody, and decision making, the court will determine the amount of parenting time and decision making based on the “best interests standard.” This standard can be subjective and is based on a variety of factors. Because of this, it is a good idea to begin to gather evidence of your involvement in your child or children’s life. This can include involvement in schooling, medical needs, and extracurricular activities, as well as the child or children’s connection to your home, their school, and community, and an ability to co-parent, encourage, and love.

Sometimes a neutral, third-party professional, known as a Child and Family Investigator (CFI), is appointed by the court to help make recommendations regarding parenting time and decision making. The Child and Family Investigator will get to speak to the children and get to understand their preferences and feelings toward the situation. This can be especially helpful because children are generally not allowed to testify before the court. With the CFI, the court and the judge will be able to hear and take the child’s opinion into account. In addition to the above, each parent should be prepared to attend a co-parenting class. Judges will often require this class, so it’s a good idea to plan to attend ahead of time.

How Long Does the Process Take?

While there’s no set timeline for how quickly these cases move, it just depends on how well the parents are able to comply with the court’s requirements and reach an agreement. If you are able to reach agreements regarding parenting time early in the process it could take as little as a couple of months to complete the process. As with most legal processes, it will be shorter and less expensive if an agreement can be reached outside of court! And as always, the process will run far smoother if you have an attorney to guide you along in the process. Divorce Matters has a variety of attorneys who are experienced in child custody matters and are able to help!

Happy 10th Anniversary Divorce Matters!

This Friday, Divorce Matters will celebrate its 10th Anniversary! We’ve come a long way in the past 10 years and we can’t wait to share the next 10 years with all of you. Our clients are what make Divorce Matters the law firm that it is, and we certainly would not be the same without you. When asked how he felt about all of the clients Divorce Matters had served over the past 10 years, Doug Thomas, Divorce Matters’ founding partner, had this to say:

“The word I would use to describe the service of all the clients we’ve had over the last 10 years is satisfaction. It’s satisfying to know that overwhelmingly… we have served our clients with excellent legal advice at a reasonable cost. And more importantly, we have served our clients in a way that does not [increase] litigation to the detriment of our client… I’m extremely satisfied to know that we have helped thousands of Colorado families in a very professional, excellent, and tenacious way.”

We couldn’t agree more, Doug! Thanks again to all of you who have supported us and continue to support us. It means the world to each and every one of us at Divorce Matters. We hope to continue to serve the state of Colorado and provide legal services that align with our mission to “build a better future for our clients by providing the counsel and wisdom to navigate change, and the service, innovation, and tenacity to create their future anew”.

Be sure to head over to Instagram, Facebook, LinkedIn, and Twitter to keep up with all the fun anniversary posts coming your way!

Is There Any Way To Shorten The Mandatory Waiting Period For Divorce?

To answer the question above question, we must first delve into what a mandatory waiting period is. In the state of Colorado, there is a mandatory waiting period of 91 days from the date of joint filing or service on the responding party before a divorce can legally be completed. This waiting period is common in a lot of states and is meant to give people time to consider their situation and whether they want to go through with the divorce. However, this waiting period can also feel frustrating, especially if you already spent a lot of time thinking about your situation before filing or if you feel in danger.

With that being said, there is no way to shorten or avoid this waiting period. It is mandatory for every couple getting divorced in the state of Colorado. However, there are a few things that you can do while waiting for the end of your 91-day waiting period. With the help of an attorney, you can ask the court to issue agreements or court orders during your waiting period. These orders can be helpful if you need specific things from the court. For example, it may be difficult to sell your home before the divorce has gone through, but a court order can help with that.  Additionally, it might be helpful to work on filing all the necessary paperwork during your mandatory waiting period and find common ground with your spouse. Completing both of these tasks will make your divorce process go smoother and quicker once you are able to start proceedings.

The easiest way to deal with the mandatory waiting period is to consult with an attorney to see what they can do for your individual situation. If you have a specific reason for wanting to skip the waiting period, it is important to speak with an attorney. They will be able to tell you what is possible in your particular situation, and if you can work within the waiting period to get what you need. To speak to an attorney today, you can call us at (720)542-6142 or contact us through our website.

Do I Need To Go To Court To Get A Divorce?

If you are considering divorce, you may feel daunted by the legal process. You may even begin to feel anxiety when you start to consider the cost and time court proceedings may require, and the loss of control over the outcome of your case when a judge is calling the shots. However, court is not inevitable, and it isn’t the only solution for divorce proceedings.  

Mediation is one of the options available to you if you want to avoid court and is usually ordered by most Colorado judges before parties will even be able to proceed to trial. Mediation is a process in which a neutral third party, called a mediator, is hired to resolve the case. This process will ensure that both parties have a say in the results and that the outcome is balanced and fair to all parties involved. Additionally, the process is more streamlined, less expensive, and more private than court proceedings would be. If you and your spouse and the mediator can come to an agreement, the agreement will be written into a Memoriam of Understanding, which is then signed by the court. After the Memoriam is signed, it will be incorporated into a more formal and detailed Separation Agreement.   

Arbitration is another possible option to avoid court. Arbitration, just like mediation, is a more private and efficient alternative to court. Both parties need to agree to arbitration before it begins, otherwise, arbitration cannot be ordered. A professional, called an arbiter, will be presented with all the facts and make a final decision in the case. Arbitration is more like court, with the arbiter acting as a sort of judge, however, the process is less public, less expensive, and less time-consuming. Arbitration also offers a more relaxed environment for each party to present their side of the story. After the arbiter has made a final decision, court is no longer an option, as the arbiter’s decision is valid and enforceable by the court.  

Court is more costly than either arbitration or mediation because it will require more of your attorney’s time. This can be especially true if proceedings are contentious and are dragged out. In addition to the cost, you lose the ability to make decisions in your own case. Once the case goes to court, the decision is in the judge’s hands, whether it be a divorce, a child custody issue, or a post-decree issue. Mediation and arbitration allow the involved parties to retain some control and negotiate with the other party. While it is ideal to have more control and keep the case outside of court, it is sometimes unavoidable if you and your spouse cannot come to an agreement. In this case, it is especially important to have a capable and competent attorney by your side to walk you through the court process and tenaciously represent your interests in court.  

In the end, it is possible to avoid court if you and your spouse can come to an agreement on your own or in mediation or arbitration. All three options are less costly, more efficient, and allow you more control over your own situation than if you take proceedings to court. To decide on the best option for you and your circumstances, it is recommended you hire a strong and capable attorney to advise you on your choices and the details of those choices. The right attorney will also help guide you through the entire process no matter what choice you make, whether that be inside or outside the courtroom.  

 

Bill and Melinda Gates – A Tale of Gray Divorce

The story of Bill and Melinda Gates’ divorce has taken the world by storm this past week, as one of the world’s richest couples is about to go through the process of splitting up their lives and assets. There is no telling what will come of the split when the dust settles, but their divorce highlights a trend in America that has long been on the rise—gray divorce.

 

Is Gray Divorce On the Rise?

While divorce rates are declining amongst the younger generations, spurred mostly by younger people delaying marriage until after they have graduated college and established themselves financially, divorce rates amongst those over 50 doubled between 1990-2010 and have since plateaued at this high rate.

 

Why Are Divorce Rates Different for Older Generations?

There are many reasons for this rise in gray divorce, but one of the driving factors is that those in this age group were raised during the divorce revolution of the 70’s, destigmatizing the idea for many. And the divorce rate rises 2.5 times higher when you look at remarriages. For those who have divorced once, there is the understanding that there is a life after divorce, in many cases a better one for those whose relationships no longer work. This makes them more willing to walk away from a remarriage if it is not bringing what they need to the table.

 

What’s Age Got to Do With It?

Couple all of this with the fact that we are now living longer than ever. As couples begin going through some of the mid-life’s biggest changes, such as empty nesting, retirement, and decreased mobility, they are beginning to reevaluate if they want to spend the next 20+ years in an empty marriage. They may have been willing to stay together before when they had their children and careers to focus on, but now that these are no longer masking things many decide they want something more.

 

Bill and Melinda Gates have now joined the growing ranks of those going through a gray divorce. Only time will tell how this mega-divorce shakes out, but one thing is clear—gray divorces are here to stay.

Will I be Affected by Changes to the 2021 Child Tax Credit?

Recently it was announced that under the American Rescue Plan Act the expanded Child Tax Credit would be distributed differently in 2021. This year, half of the tax credit will be distributed on a monthly basis beginning in July and the other half will arrive with your 2021 tax refund. While this tax credit is a welcomed relief for many families who are struggling to make ends meet, it also spells confusion for most folks who are going through or already divorced.

How will this tax credit be distributed if I am divorced?

The Child Tax Credit can only be claimed on one tax return, so if you are divorced or filing separately this means that only one parent will be able to claim the tax credit. A court order or separation agreement will name the person eligible to claim the tax credit, this is typical whichever parent has primary custody. There are several ways a 50/50 custody arrangement might address this, for example, some may choose to file with the tax credit every other year.

Can the courts rule that this year’s tax credit be split?

In most cases, the courts will follow whatever was agreed upon in your separation agreement or court order. However, this is not the end of the line if you wish to treat this year’s tax credit differently. For example, if your ex claims the tax credit every year but you are able to come to an agreement with them that you will file for the tax credit this year, you can file an IRS Form 8332. This form is a right of tax benefit transfer, which would allow you to claim for this year. Please be aware that it is important you check with your attorney first before moving forward with anything that deviates from your separation agreement. We also suggest seeking out a tax professional for help with filing your taxes.

Can the tax credit payments be garnished for child support if I am behind on my payments?

Per the American Rescue Plan Act, this tax credit is not subject to garnishment meaning you will receive the full amount from the government. However, this does not protect that payment from garnishment or levy once the money is in your bank account. Another consideration is that while it won’t be garnished when distributed when you file your taxes at the end of the year it may be subject to offset.

What do I do if the tax credit was claimed by my ex, but I was supposed to claim it this year?

The best way to handle this is to get in touch with your attorney. They will be able to help you chart the best course of action, whether that be reaching out to negotiate with your ex and coming to an amicable resolution, or filing a motion of contempt with the courts.

If you have questions, please reach out to one of our experienced attorneys today.

How Much Will A Divorce Cost Me?

Contrary to popular belief, divorce does not always have to be expensive. One of the biggest influencing factors in the cost of a divorce is the complexity of your specific case. These complexities come in a few different forms, and each essentially affects how much time needs to be spent on a particular case and therefore how expensive that case will be. Some of these things will be within your control, and others won’t – this is why it is important to reach out and schedule an initial consultation with an attorney. In your initial consultation, our attorneys can go over your specific set of circumstances with you, and they will be able to give you an idea of what your specific case might cost and how to manage those costs.

 

What will affect the cost of my divorce?

 

As mentioned, there are several main determining factors that will affect the total cost of your divorce. Some of these include:

  1. The amount of assets involved
  2. Whether or not you have children
  3. How contentious (think conflict) your case is

These factors all increase the complexity of your case and therefore increase the total cost.

How you can keep the cost down?

 

There are a few ways you can help keep the cost down in your case. The most popular way is to utilize our unbundled legal services, which involves having an attorney help with one specific aspect of your case, such as drafting and reviewing documents for you, offering coaching or legal advice, or communicating with other parties, opposing counsel, and the courts. However, this option is not always a good fit, especially if your case has any of the factors listed above that tend to increase costs. Another way to keep costs down is to work on coming to an amicable agreement with your ex through mediation or arbitration. This will save time and money on going to court and is often easier on your emotional well-being in the end as well.

 

Every case is different, so it important to speak with an attorney to get a better idea of how much your specific situation will cost and what your options might be. Contact Divorce Matters today to set up an initial consultation with one of our many experienced attorneys who can help put you and your family on the path to a successful future after divorce.