Domestic Violence Resources

We know that being a victim of domestic violence is terrifying and can impact every aspect of your life. Here are a few resources for victims and their families to refer to. We are always here to help; you are not alone.
–
–
Family Tree
Jefferson County
303-271-6559
–
Project Safeguard
All counties
303-219-7049
–
Rose Andom Center
All Counties
720-337-4400
Fort Carson Victim Advocacy Program
(719) 243-7907
–
National Domestic Violence Hotline
All Counties
800-799-7233

Winner of the 2020 Divorce Matters Scholarship Announced

Divorce Matters is proud to announce Sara Vieyra as the winner of the 2020 Divorce Matters Scholarship. Although we had a lot of qualified applicants this year, Sara stood out among them. Our committee was impressed with Sara’s academic involvement, work ethic and empowering essay.

Sara graduated from Arrupe Jesuit High School with a 4.03 GPA and will be attending College of the Holy Cross in Worcester, Massachusetts this fall, which has always been a life-long dream of hers. She will be majoring in English and intends to go to law school after she graduates. Through her internship and accomplishments on Mock Trial as a captain, Sara found her passion for criminal law, and hopes to work for a non-profit law firm after law school to help represent minorities and impoverished communities.

Some of Sara’s achievements and involvement include being an editor for the Atticus Literary and Art Magazine, receiving both the Best Witness award and the Best Attorney award at the Regional Mock Trial Competition, interning at the Denver City Attorney’s Office, and participating with her the Arrupe Girls’ Varsity Soccer Team.

When we asked Sarah what receiving this scholarship means to her and her educational journey she wrote, “One of the main reasons that students don’t go to college is because they can’t afford it and students don’t want to pay off student loans for the majority, if not entirety, of their career. I knew that going to college was going to take a financial toll on my family’s finances, so I educated myself and I took out a loan that would work best for my family and me. This scholarship will alleviate some of my family’s financial burden and will set me up for success financially, professionally, and academically.

I would like to thank the Divorce Matters Scholarship Committee for the grand opportunity they have given me in my journey towards becoming a lawyer!”

It is our honor to award Sara with this scholarship and wish her the very best in her undergraduate education and achieving her goal of becoming a lawyer someday.

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

What Happens After a Marital Settlement Agreement?

 

What is a Marital Settlement Agreement?

A divorce settlement agreement can be referred to by many names, depending on where you live. It is a formal written document which lays out the terms both parties involved have agreed to. It can be called:

  • Divorce Settlement Agreement
  • Separation Agreement or Separation and Property Settlement Agreement
  • Custody, Support ,and Property Agreement
  • Mediated Separation Agreement
  • Collaborative Settlement Agreement
  • Property Settlement Agreement (PSA)
  • Marital Settlement Agreement (MSA)
  • Memorandum of Understanding (MOU)

The purpose of a marital settlement agreement is to document the details of any agreements reached between separating or divorcing spouses, and covers such areas as child custody, alimony (sometimes referred to as spousal support, maintenance, or separate maintenance), child support, the division of property, and any other issues that are relevant to your situation.

What the Process Involves

The steps you take to reach a marital settlement agreement can vary. You do not have to reach an agreement before you separate, but you can. You may also enter into a marital settlement agreement after you separate or after you file for divorce. In many cases, however, the parties involved may not be able to reach an agreement until divorce proceedings are about to begin. However, if you can reach an agreement before a judge intervenes, you can avoid unnecessary turmoil and minimize your attorney’s fees.

If you are able to reach a marital settlement agreement before you go to court, a divorce attorney or mediator can draw up the agreement and submit it to the judge, who will review the terms and ensure that they are fair and equitable. The judge may ask questions of one or both parties for clarification and to make sure everyone is in agreement. Because there is no discovery process in place in a divorce case, the judge will not have the opportunity to decide if your agreement is equitable (“fair”), but only if it complies with the laws of the state and is therefore legal and enforceable.

If you opt to begin the process before consulting an attorney, you can do so by acquiring the proper legal forms at your local county courthouse. Your marital settlement agreement should include:

  • The date you got married
  • The date you separated
  • The names and ages of any minor children
  • The reason (grounds) for your divorce
  • Your current address and living arrangements. This can mean that one or both of you has moved out of the family home, or that you’re currently living “separate and apart” within the home
  • The current situation and location of your children
  • Other assets that you wish to name (e.g., family pets)

Once the agreement is drawn up, both parties need to confirm their agreement in writing, and have your signatures witnessed to make them legal and binding. Assets and debts will need to be defined and divided, a parenting plan to include custody as well as visitation should be included and agreed upon, and finally spousal support and child support will need to be determined and agreed upon. Once you’ve finished the paperwork be sure to check for errors before having it reviewed.

It is important to note that it is highly recommended that this agreement is drafted and/ or reviewed by a qualified mediator or divorce attorney, and not something you or your spouse generates on your own without consulting a legal professional. There are legal terms that must be used and terms that must be specified in order for your marital settlement agreement to be legal and binding; this is not a good scenario to have anything unclear. It is always best to have an attorney working on your behalf.

If your spouse’s attorney draws up the document, you need to have your own attorney review it before you sign, to make sure it was done correctly and according to your understanding of acceptable terms. The document will be entered into court records and become part of the legal proceedings. Once the marital settlement agreement is signed it becomes legally binding. As contested divorces can become lengthy and complicated procedures, reaching an agreement before your case goes before a judge can save everyone time, expense, and stress.

What Happens After a Marital Settlement Agreement?

The marital settlement agreement, while it is a binding contract, is not set in stone. It can be amended if both parties are in agreement with the proposed changes. Areas which are commonly changed include child custody, child support, and visitation agreements. These terms are often modified when a significant change in circumstances occurred after the date of the original order, such as a job transfer to another state which directly impacts visitation arrangements.

Another reason for modifying terms can be that a new arrangement is in the best interests of the child or children involved. Depending upon the wording of your original marital settlement agreement, alimony provisions may or may not be modifiable. Check with your attorney prior to your court date make sure the terms of your original agreement are clear regarding whether spousal support will be modifiable or not.

What is a Post-Decree Modification?

Divorce is a complicated process that is often fraught with emotions and challenges, and one most people want to get through as quickly ”“ and as unscathed ”“ as possible. For many couples who separate and/ or divorce, once their case has progressed through the court system and the final divorce decree has been issued, they believe that all is said and done, all decisions are final, and nothing will change. However, after a divorce settlement agreement is reached and made official by a court in a final divorce decree, it can be modified as circumstances change. This is known as a Post-Decree Modification, or Post-Decree Motion. These motions are filed when a legally separated or divorced couple takes part in post-decree litigation, which means the parties involved are in disagreement about issues after the final divorce decree has been issued and are headed back to court to resolve these issues.

Quite often these disputes are precipitated because one of the parties involved determines that the other party has violated a court order relating to the divorce. An example would be when the party responsible for paying court-ordered child support or spousal support fails to do so. Another valid reason for seeking a post-decree modification involves challenging the financial settlement based upon a failure to disclose debts or assets or concealing information that should have been produced. The parties may attempt to work out their differences on their own but if that fails, the injured party may have to file legal paperwork usually known as a contempt action requesting that the court enforce the original order.

What Issues are Handled with a Post-Decree Motion?

Child support, custody, and visitation arrangements are commonly the subject of a post-decree motion. This can be due to a number of factors including a physical move to a new location, a new marriage for one or both of the parents, a significant change in financial status, living conditions, financial need of the child, and above all, the best interest of the child or children involved. If the agreed upon parenting plan is not working and needs to be modified, parental responsibilities, parenting time/visitation, schooling, health care, and other issues can be subject to change. Attempts to alienate or isolate a child or children from one parent by another is also just cause for a post-decree modification request.

Alimony, also known as spousal support or spousal maintenance, may also be subject to change due to a change in employment, involuntary loss of job, change in living conditions, remarriage, substance abuse, arrests, or incarceration, a deteriorating mental or physical condition, or other factors. A judge will closely examine the details of the case and determine if anyone is attempting to avoid paying court-ordered alimony or if the requested changes are legitimate and worthy of consideration.

The objective of a post-decree modification is to revise an existing final divorce decree so that it accurately reflects the lives and needs of those it represents, both adults and children. However, circumstances and conditions change all the time, and your original divorce decree may need modification because it does not accurately represent your current situation. Depending on the circumstances of your divorce case, you may have a variety of post-decree options. If your circumstances have changed since your final divorce decree was issued and you would like guidance and help in filing a post-decree modification in Denver, the legal offices of Divorce Matters are open and ready to assist you. Reach out to us today and let us help you achieve an arrangement that meets your current needs.

Do I Need a Will and Powers Of Attorney?

By Attorney Miguel C. Mondragon

Many people believe only married couples with small children and considerable assets should consider an estate plan. In fact, all adults can benefit from a well-crafted last will and testament and power of attorney. These legal documents offer many benefits and allow you to pass assets onto beneficiaries according to your wishes in the event you become incompetent. The most fundamental, and likely the most well-known, estate planning instrument is the last will and testament.

A last will and testament is a legal document that designates who will inherit your assets, when your beneficiaries will receive those assets, who will manage your estate when you die and among other things, name the guardian for any minor children. In the event you die intestate, meaning without a will, your estate will be divided in accordance with the per stirpes laws of Colorado and your children may become wards of the state.

While a last will and testament will ensure your estate and children are taken care of upon your death, a power of attorney will ensure your health care needs and financial assets are managed properly in the event you are declared incompetent and cannot make those decision for yourself. A general power of attorney is a document that grants legal rights and powers by a person, named the principal, to another, named the agent or attorney-in fact, to make decisions on behalf of the principal. The agent has a fiduciary obligation to make decisions based upon the preferences of the principal. A critical component of a power of attorney is ensuring the power of attorney is “durable”, meaning, the power of attorney permits an agent to make decisions for the principal if they become incapacitated.

A general “durable” power of attorney grants the agent authority to manage the finances of the principal in the same fashion as if the principal were making the decision themselves. This means, your power of attorney will have the authority to bank, acquire property, sell assets and manage all your financial and business matters based on your preferences. It is critical that extreme care and caution are used when selecting your attorney-in-fact as there is little to no oversight of their decisions. It is easy for people to confuse the powers granted in a power of attorney verses the powers granted in a conservatorship. Under a power of attorney, the principal retains their rights to make their own decisions alone. An agent only has the power to act along with the principal in accordance with the authorization set forth in the document.

A medical power of attorney authorizes your agent to make medical decisions for you should be unable to do so ”“ for example, if you have become unconscious or mentally incapacitated. This document can become part of an advance healthcare directive. There are many situations that could result in a person being unable to make or communicate medical decisions. These situations can affect not only senior citizens, but younger adults as well. An individual may be rendered unable to make medical decisions as a result of a head injury, stroke, heart attack, mental illness, car accident, or any number of events that can result in a person becoming unconscious, incompetent, or unable to communicate.

A medical power of attorney can be as simple or as complex as the principal wishes to make it. A well-crafted medical power of attorney will cover several scenarios, which include end of life decisions, organ donation and final wishes. Making these decisions yourself and removing this burden from your loved ones is one of the greatest gifts you can do for those you care for and love. However simple or complicated your medical power of attorney is, it is important the documents comply with the Health Insurance Portability and Accountability Act of 1996, also known as “HIPPA”. HIPPA ensures your medical information is kept private as well as allowing your attorney-in-fact to have access to critical medical information.

There are very specific legal requirements, many of which are governed under Colorado’s Probate Code (C.R.S. §15-1-101,et al), that must be closely adhered to ensure your estate plan will be enforceable and survive probate as well as ensuring your power of attorney is upheld. Obtaining competent legal counsel is just as important as the documents themselves. If you or someone you know are searching for an estate plan or a power of attorney, please contact Divorce Matters to be connected with an attorney for assistance.

Attorney Brooke Shafranek Answers Your Questions Regarding COVID-19 and How It Affects Your Divorce

Divorce Matters attorney Brooke Shafranek answers questions submitted from the community.

https://youtu.be/vQBnBmm3a0U

Q. Can I still get a divorce? (0:18)

Q. What can I do if I’m experiencing an emergency, such as domestic violence or child abuse? (2:30)

Q. Co-parenting, parenting plans, what happens if we need to deviate or I and my ex disagree? (3:04)

Q. What will happen with the stimulus checks that the government is sending out? (3:53)

Contact us for more information or to schedule a video or phone consultation:  720-542-6142

Is 50/50 Visitation Best For My Children?

A shared custody agreement often involves children splitting their time between two households — mom’s and dad’s. A 50/50 time split may seem “fair” on the outside looking in, but it might not be in the child’s best interests based on a number of factors. When considering a 50/50 split between two parents, lifestyle elements must be taken into consideration. Things like work schedules, school schedules, after school sports or club activities, and how open (or not) communication is between the parents. Also, the emotional support or lack thereof that the child receives from each parent should be considered.

 

If one parent leans on the child for emotional support in a kind of role reversal, when parents live together the child can turn to the other parent for emotional support, but when parents no longer live together, this role reversal can be too burdensome for a child. Adjusting to two different parent styles when parents live apart may be impossible for children, especially when they are quite young. What is in the best interests of the child or children should be the deciding factor in determining a “fair” custody arrangement.

 

Six Common Types of 50/50 Visitation Schedules

If a split visitation schedule is determined to be in the best interests of the child or children, there are several different types of common residential schedules where each parent has the child for 50% of the time.

 

Here are six common types of 50/50 visitation schedules:

 

1) Alternating Weeks – Your child or children spend one week with one parent and the next week with the other parent.

 

2) Alternating Every 2 Days – Your child switches between parents every 2 days.

 

3) 2-Weeks Each – Your child spends two weeks with one parent and then two weeks with the other parent.

 

4) 3-4-4-3 Schedule – Your child spends three days with one parent, the next four days with the other parent, then the child spends four days with the first parent, followed by three days with the other parent.

 

5) 2-2-5-5- Schedule – Your child spends two days with each parent and then five days with each parent.

 

6) 2-2-3 Schedule – Your child spends two days with one parent, then two days with the other parent, followed by days with the first parent. The next week the pattern switches.

 

You may find that one of these common schedules works best for you and your children after divorce, or you may come up with a totally different visitation schedule that accommodates everyone’s needs and works best for both parents and children. 50/50 schedules can benefit a child by giving the child substantial time living with both parents, allowing the child to feel cared for by both parents and build a close relationship with both parents. However, it is vital that parents consider the best interests of the children first, over their own preferences or convenience. Switching households back and forth all the time can be difficult for children, and sometimes rather than giving them a sense of shared parenting or stability, it can cause the children to feel as though they don’t really have a stable home anywhere.

 

If you decide a 50/50 schedule is for you, keep in mind that these schedules work best when parents live close to each other, so exchanges are easier. The ability to communicate with each other about the child without fighting also helps facilitate a 50/50 schedule. In addition, if the child is able to handle switching between his or her parents’ homes without causing undue stress, and both parents are in agreement that the 50/50 schedule is the best one for their child and are committed to putting the child’s best interest first, this split schedule can work well for all concerned.

When Should I Move Out of the House?

When couples decide to divorce, they often can’t stand to be in the same room together. This means one of them ultimately must move out of the house before the divorce in Colorado.

There are many considerations that go into deciding when and whether to move, and we encourage people to meet with a lawyer before packing up a cardboard box and crashing on a friend’s sofa. Often, men leave the home, letting their wife and children stay put, which can be a disastrous decision. Leaving the home sends the signal that your relationship with your children is less significant than your spouse’s, which is a signal some judges hear loud and clear. Below, our Colorado divorce lawyers walk through some of the considerations about how to move out of your home.

What Should I Do Before Moving Out?

Ideally, you will have a written, signed parenting plan that allocates custody. This plan should be sufficiently detailed and will explain where and when you will have the children. So long as parents reached the agreement voluntarily, a judge should enforce it. Without a signed agreement, you have a live custody dispute and moving out of the home can hurt your case.

What Should I Do if I Move?

You should maintain a strong relationship with your children. Follow the parenting plan. If you don’t have one, then visit them often, daily if possible. At a minimum, maintain regular phone contact. Many judges are nervous to depart from the status quo. If you remove yourself from your children’s lives, then a judge might think you are happy rarely seeing your children.

How Do I Get My Spouse to Move Out?

If he or she doesn’t want to move, this is difficult. Some spouses who pay the mortgage think this gives them the right to decide who stays in the home. That’s not the law. You also should avoid threatening your spouse.

Instead, you could offer to pay for the rent to a new place for the duration of the divorce. Be careful, however, if your spouse wants to take the kids. This looks no different than if you moved out of the house. In fact, it probably looks worse, since you are comfortable uprooting your children.

Can I Force My Spouse to Leave?

There are some ways to go about this. If you owned the home before you were married, and it is solely in your name, you might have the power to request that your spouse leave because it is your separate property. Realize, however, he or she might take the children, and this is the primary concern with leaving the home””how it will impact a child custody decision.

If there has been domestic violence, then you can request a protection order and ask the judge to order your spouse to leave. You should also request temporary custody of your children at the same time, otherwise your spouse has an equal right to the children as you do. With a valid protection order, you can call the police to come and move your spouse out. If your spouse refuses, he or she is in contempt of court.

There may be other methods for getting your spouse to move, which you should discuss with an attorney. Contact Divorce Matters to review all your options.

Can I File For Divorce With What’s Going On With The Coronavirus?

With everything going on right now with the coronavirus, what happens if I want to file for divorce?

By: Brooke Shafranek

Moving forward with a divorce during the Coronavirus crisis raises many questions about how COVID 19 will impact your case.

The courts are still open but operating at a limited capacity””there will be reduced staff, and the only cases that will be heard are those related to public safety. New case filings will be accepted through e-filing and at the clerk’s window, but your case may be delayed by at least 60-90 days. Your divorce case will be accepted by the court, and you can begin the process; however, what happens during the course of your case remains uncertain.

The first step is to have an initial consultation with an attorney. To comply with social distancing measures, we offer secure telephone and video consultations with our attorneys to assess your case and keep it moving forward. Due to the crisis, whether or not you retain an attorney will have a major impact on your case.

When you begin a divorce, there is a mandatory initial status conference with the court that must take place before your case can move forward. This initial status conference is not a matter of public safety, and therefore all such hearings are delayed indefinitely. However, your attorney can work with your spouse’s counsel to draft an agreed-upon plan for your case, which will eliminate the need for your initial status conference.

After the initial status conference hurdle is crossed, the parties are still required to attend mediation. Mediation is mandatory in the state of Colorado, and it is a formal meeting where we try to resolve your case. Despite the crisis, mediations are still occurring via telephone and video conferencing.

If your divorce does not involve children, your case may not be delayed as severely if you and your spouse can come to an agreement at mediation. Should you be able to reach and sign a separation agreement, your attorney will assist in requesting that your divorce proceed forward without having to appear in court, whether it be in person, via telephone, or otherwise.

If your divorce does involve children and both parties have counsel, it will be easier to navigate parenting issues during these uncertain times. Access to the court will be delayed, so your attorney will need to get creative in resolving disputes. If only one parent is represented by an attorney, you will be required to attend a hearing and must wait for the court to schedule you in.

During these uncertain times, your attorney will be able to utilize their expertise at navigating the court system to assist you in your divorce and move the process forward with as few delays as possible in ways you may not be able to if you chose to represent yourself.

What Are Unbundled Legal Services?

Navigating the court system without the assistance of a divorce attorney  can be difficult in normal circumstances. With the added uncertainty of the COVID-19 pandemic, it is important now more than ever for pro se parties to seek alternative forms of representation.

Appearing pro se simply means that you are appearing on your own behalf, without an attorney. Usually, there is legal aid available to pro se parties; however, the courts, along with the self-help centers inside, are closed for the foreseeable future. Some courts are now advising that parties without family law attorneys consider obtaining limited representation, or unbundled legal services.

Limited-scope representation is when your lawyer handles only some parts of your case, as compared to a traditional relationship where the attorney handles all aspects of your case. Unbundled representation is a way for you to choose, a-la-carte, what legal services your attorney can provide you. You can mix-and-match the specific tasks your attorney is completing for you. If you need to simply consult with a divorce lawyer and get legal advice about your case on a as-needed basis, that can be the limited scope of your attorney’s representation. Your attorney can also coach you how to represent yourself pro se, and can help with preparing your case. An unbundled service can also provide document drafting and reviewing. Similarly, you can hire a lawyer to represent you on only certain issues in your case, such as an emergency motion or child support, while you do the rest.

Courts are encouraging parties to get as much legal assistance as they can during this pandemic, as your attorney can file documents electronically and will receive immediate case updates. If both parties in a case are represented, the Court may be able to enter final orders based on the filing of agreements and non-appearance affidavits. Otherwise, you may be left waiting until the Court resumes normal operating procedures.

Your divorce attorney can always enter a full-scope representation in your case if it is necessary, but if you were planning to file pro se and the courts have instructed you to obtain unbundled legal services to file during this time, call us to learn more at 720-542-6142 or fill out our contact form here.