Will Getting Divorced Affect My Citizenship Status?

U.S. immigration law is needlessly complex, and many people are afraid they will somehow jeopardize their immigration status when they get divorced. At Divorce Matters, we encourage men and women to thoroughly consider how a divorce will affect them, and this should include whether it will affect a person’s citizenship status.

The answer depends on where you are in the process of obtaining citizenship. Read on for more information.

You Divorce but are a Naturalized Citizen

If you have gone through the naturalization process and receive your certificate, then it doesn’t matter that you are divorced. You are a citizen. Citizenship is revoked only in very rare circumstances, such as committing fraud to obtain citizenship.

You Divorce During Your Two-Year Conditional Residency

United States Customs and Immigration Services (USCIS) doesn’t immediately give people a green card if they have recently been married. Instead, you will be given conditional residency, which is like probation. If you divorce during this two-year period, then you will need to carefully analyze the situation.

In the 90 days before the two-year anniversary of conditional status, a foreign spouse must file Form I-751 Petition to Remove Conditions of Residence. This will make you a permanent resident. If you have not yet divorced but only separated, it might be possible to get your U.S. spouse to agree to execute this document with you.

However, if you have divorced, you can request a waiver of the joint petitioning requirement. According to USCIS, you might qualify if you entered into the marriage in good faith but have had your marriage annulled or divorced.

You Divorce after Your Two-Year Conditional Residency

You might not be a conditional resident, either because you were married for several years when you came to the U.S. or because your 2-year conditional residency has ended. In this situation, divorcing a U.S. spouse can lengthen the amount of time it takes to become a citizen. For example, you will not be eligible to apply to become a citizen until 5 years have passed. Had you stayed married to a U.S. citizen, you could have become a naturalized citizen after 3 years, but that option disappears if you divorce.

You Divorce While Your Spouse is Petitioning for Permanent Residence

You might be waiting for USCIS to act on the I-130 petition your spouse has filed. If you divorce and USCIS learns of it, then your petition is revoked. If you pretend to still be married in hopes of receiving a green card, you could be subject to prosecution, and USCIS can move to revoke any green card you were issued.

However, applicants might have other options if they want to stay in the U.S. You should meet with an immigration attorney to discuss.

You Divorce while in the U.S. on Temporary Status

Here, a divorce will automatically revoke any non-immigrant marriage-based visa. If you hope to stay in the U.S., you will need to apply for a different visa status before your divorce goes through.

Speak with a Denver Divorce Lawyer About Divorce and Citizenship

Immigration authorities continue to closely analyze whether a marriage was a sham, so getting divorced can have major consequences. Contact our office today to schedule a consultation about your individual situation.

Divorce Financial Considerations for Stay-at-Home Moms

Stay-at-home moms who have spent many of their married years as mothers who maintain the household and head child-rearing while relying on the income of their spouses may be intimidated by the prospect of divorce. Indeed, not only is divorce an emotional process for anyone, but for a stay-at-home mom who has always been dependent on her partner, divorce can create many financial anxieties, too. While your financial situation should not prevent you from seeking a divorce if that is what you want and need, there are some important financial considerations for stay-at-home moms to think about before filing divorce paperwork. Here are some things that you should know–

You’ll Likely Receive Spousal Maintenance

One thing that can help to ease your financial woes is the fact that it is more likely than not that you will be eligible for an award of spousal maintenance (alimony). Spousal maintenance is designed to help a dependent partner in a marriage/divorce support themselves with funding from the financially independent party. In making a determination about spousal maintenance, a court will consider each party’s gross income, marital property, the financial resources of each party, tax consequences of an award, and whether or not an award is fair and equitable (CRS 14-10-114).

If You Get Custody, Your Spouse Will Have to Pay Child Support

If you still have minor children in the home, you may be worried about how you will support these children (and yourself) if you are to divorce from your spouse, especially if you’ve been out of the workforce for years. One thing that you should know is that if you are awarded primary custody of your children–which is more likely than not if you have been the primary caregiver up until this point–then your spouse will be required to pay child support. Both parents have a duty to support their children financially.

You’re Entitled to Equitable Distribution of Marital Property

Even if you didn’t actually earn the money that filled up bank accounts and bought the many assets in your marriage, such as vehicles, your family home, furniture, and the like, you’re still entitled to equitable distribution of any marital assets. This means that it is very unlikely that you will be left with nothing after the divorce, even if your spouse was the only breadwinner.

Other Things to Think About

Just because spousal maintenance, child support, and equitable distribution laws are in place, all of which help a stay-at-home parent support themselves after a divorce, this does not mean that there aren’t some things to plan for, financially speaking. These include:

  • Finding a place to live. Even if you are receiving spousal support and get a fair property division settlement, finding a place to live could still push your budget to the limit. Try to plan for a place to live before filing for divorce.
  • Getting a job. You’ll probably want to return to the workforce after your divorce, which might require acquiring new skills or education first.
  • Setting a budget. Your costs of living may be different post-divorce, and you may have less money to support those costs. Set a budget early on to know exactly how much you’ll need to get by comfortably.

Our Colorado Divorce Lawyers Can Help

One of the best ways to mitigate the negative impacts of a divorce is to consult with an experienced Colorado divorce lawyer as soon as you start thinking about leaving your spouse. At Divorce Matters, we have helped stay-at-home moms like you secure the best divorce settlements possible. Call us today to learn more.

Transmuted Assets and Colorado Divorces

One of the most complicated elements of getting a divorce in Colorado is that of deciding how assets and debts will be divided amongst the parties to the marriage/divorce. While Colorado law holds that property and debts must be divided in a manner that is equitable, understanding the difference between marital vs. separate assets, how “equitable” is determined, and numerous other considerations can be difficult. Something that can complicate the process even more is that of transmutation. Here’s a look into what you need to know about transmuted assets and Colorado divorce.

Transmuted Assets – What Are Those?

Transmutation is defined as “the action of changing or the state of being changed into another form.” As it applies to property and assets in a marriage, transmutation means that the property has been changed from marital property to separate property, or from separate property to marital property. This can happen for various reasons, including co-mingling, as well as legal actions, like adding a party’s name to a vehicle title. Transmutation can also happen as a result of contract or gift.

Why Does it Matter If Assets Are Transmuted?

If separate assets are transmuted into marital assets, this can have a significant effect on the outcome of your divorce, primarily because separate and marital assets are considered distinct and separate in a Colorado property division settlement. In fact, only marital assets are subject to division; separate assets may be kept separate.

One of the most common ways in which assets are transmuted is via commingling, which happens when marital and separate property become mixed together to such a degree that identifying and separating each becomes impossible. For example, if an inheritance (separate property) is used to purchase the family home (marital property), assets have become commingled.

How to Prevent Transmutation

If you want to keep your property separate and ensure that it is not subject to division during your divorce, it’s important to understand the ways in which transmutation of assets occurs and how to prevent transmutation. Some tips to prevent transmutation include:

  • Keep thorough documentation of all gifts and inheritance received;
  • If you purchased property or assets prior to marriage, track down the details of those purchases, including title information, purchase date, etc.;
  • Make your intentions about your separate property clear – creating an estate plan can be useful for this purpose;
  • Don’t commingle funds – maintain separate bank accounts, don’t use a gift to pay for marital assets or property, etc.;
  • Don’t use any marital funds to maintain property that is separate; and
  • Do not treat any separate property that you have as joint, marital property.

When it comes time to settle your divorce, you may have to prove that your assets are separate and that you had no intent to transmute them. A skilled lawyer with the resources to hire relevant experts can prove extremely helpful at this phase in the process.

Call Divorce Matters Today

Understanding the laws regarding property division can be confusing, especially as they pertain to the transmutation of assets. To schedule your consultation with a knowledgeable divorce lawyer near you, call the offices of Divorce Matters today.

What to Do Before You File for Divorce in Colorado

Getting a divorce can be an emotionally traumatic event, and one that has huge implications for your life–socially, mentally, and financially–moving forward. If you’re thinking about filing for a divorce in Colorado, it’s best to be as prepared for the process as possible by the time you file your divorce papers. At the offices of Divorce Matters, our Colorado divorce lawyers can help you to prepare for your separation. In the meantime, here’s a list of some of the things that a person should do before actually filing for a divorce in our state–

Create a List of Assets and Collect FInancial Information

One of the most important things that you need to do when thinking about a divorce is to gather all of your financial documents, including statements about bank accounts, investments, wages and earnings, taxes, and the like. You should also make a list of all assets that you own, including both separate and marital assets. Now is also a good time to review all wills and beneficiary information. Note that you will need to submit a sworn financial statement when filing for a divorce.

Acquire Job Training or/and Education

If you are currently dependent upon your spouse for income and support, it may be appropriate to start thinking about finding your own job to support yourself post-divorce. This may require obtaining additional job training or education now, which you should do while you still have support in place.

Put a Plan in Place

Getting a divorce doesn’t just mean separating from your spouse; it means supporting yourself financially, finding a new home for you and perhaps for your children; and learning how to cope solo. It’s best to start putting a plan in place now in terms of your budget, where you will live, who will watch the kids when you’re at work, etc. If you don’t plan to live in the marital home during the divorce process, now’s the time to get alternate housing plans in place, too.

Think About Your Children

If you have children and are planning on seeking custody of the children during your divorce, it’s important to start building a case in your favor as soon as possible. It is not recommended that you move out and leave the children, as a court may question why you did this if you want custody of your children. Further, make sure you have established relationships with your children’s teachers, friends’ parents, etc. in place – the last thing that you want is a witness telling the court that they’ve never met you, or normally only interact with your spouse.

Consult with a Lawyer to Understand What to Do Before a Divorce in Colorado

If you’re set on filing for a divorce, meeting with an attorney as early as possible is recommended, and can be helpful in preparing for the divorce process and navigating it once papers have been filed. Our experienced Colorado divorce attorneys can sit down with you to discuss your situation today – please call us, send us a message, or fill our our contact form to get started.

Selling Possessions Before a Divorce

Before a divorce can be finalized in Colorado, the separating couple must come to an agreement about the division of property, alimony, and spousal support. These can be some of the most contentious issues in a divorce, especially if the divorce is acrimonious.

As you navigate the divorce process, it’s important that you understand the laws regarding the above, as well as best practices when separating. It’s also important that you understand what can happen if you attempt to skirt the law. Here’s what you should know about selling possessions before a divorce–

Selling Spouse’s Stuff Before a Divorce in Colorado

Consider a situation in which you are thinking about filing for a divorce, but haven’t yet filed your divorce papers. In this case, do you maintain the right to sell some of your possessions prior to the divorce?

The answer is that it depends. If you are selling your possessions in an attempt to reduce your assets for the sake of mitigating child support or alimony payments, or to reduce the value of your estate for equitable distribution purposes, the court will likely see through this, and not only will you be held responsible for such payments regardless, but you could even be penalized. If you are selling your personal possessions to provide you with extra cash to help you pay for the divorce (or for another justifiable reason), on the other hand, doing so is likely within your rights.

Whether or not you can sell possession before a divorce also depends on whether or not the possessions are marital or separate property; you may be free to do what you want with your own property, but if you sell marital property and this has a negative financial effect on your partner, this may be considered by a court when making a decision about division of property in a divorce.

Another important element to consider is that of when; once divorce papers have been filed and served, an automatic injunction goes into effect. This injunction prohibits either spouse from hiding, destroying, disposing, or transferring any marital property (CRS 14-10-107).

Purposefully Selling Possessions Below Market Value

Another issue to consider is not just that of selling property before the divorce, but that of selling property below market value intentionally. A party in a divorce does not have the right to intentionally sell shared property for less than fair market value in an attempt to reduce the amount the other spouse will get out of it, reduce the amount of property that is considered for equitable distribution purposes, or reduce one’s child support or alimony obligations. If one party does this, the court may assign a professional appraiser to determine what the fair market value of the property was prior to being sold. Then, it may be this number that is considered for equitable distribution purposes, not the amount that the property was sold for.

Consult with a Lawyer

If you’re thinking about filing for a divorce and have questions about property division laws and how assets are considered during the divorce process, it’s best to consult with an attorney. At the offices of Divorce Matters, our Colorado divorce lawyers are here to answer your questions and provide you with knowledgeable, accurate advice. Reach out us today for a consultation to get started.

Can I Afford to Seek a Contempt Citation?

If you thought getting divorced was hard, you might be surprised that getting your ex to pay child support or alimony or stick to the parenting plan turns out to be much harder. As experienced Denver family law attorneys, we have seen some exes openly flout court orders and get away with it.

If your ex is currently failing to follow a court order, you can seek something called a contempt citation. Once cited, your ex might have to pay a fine until he or she gets into compliance with the court order. The judge might also toss your ex in jail.

If you emptied your bank account to get a divorce, going into court for a contempt of court citation might give you pause. Fortunately, you can request attorneys’ fees in certain situations.

You Can Recover Fees in a Remedial Contempt Action

Rule 107 of the Colorado Rules of Civil Procedure identify two types of contempt””punitive and remedial. Punitive contempt is designed to punish a person for offending the authority and dignity of the court. It is a fixed fine or certain amount of time in jail.

Rule 107 also allows for remedial contempt. Remedial contempt can be anything meant to bring the party into compliance””such as a fine for each day the person continues to disobey the court’s orders. Once the person under contempt starts doing what they are supposed to, the contempt is “purged” and the person is no longer subject to the sanctions.

Rule 107 allows a party seeking remedial contempt to obtain costs and reasonable attorneys’ fees. This can make seeking contempt affordable, since you will not be out of pocket for any (or many) expenses.

We Can Bring Both Remedial and Punitive Contempt

Interestingly, Rule 107 does not allow for costs and attorneys’ fees in the event of punitive contempt. However, an experienced attorney can usually bring both remedial and punitive contempt in the same motion. Punitive contempt is rarely necessary, anyway, since the goal of seeking a contempt citation is to get your ex to do something, such as start making child support payments.

Frustrated with Your Ex? We Can Help

If you are squabbling about maintenance, child support, or visitation, please contact a Denver family law attorney right away. At Divorce Matters, we understand how to seek contempt against an ex-spouse, and we can use our knowledge to your benefit.

To get started, please schedule a consultation with one of our Colorado family law attorneys.

Divorce Mediation or Arbitration?

Some people want to avoid going to court, and we can’t blame them. Testifying in court is stressful, and court proceedings are also public. Do you really want to air your dirty laundry for the enjoyment of other people?

Interest in alternative dispute resolution (ADR) has increased over the past few years, and two of the principal ADR techniques are mediation and arbitration. As experienced divorce lawyers, we have experience with both mediation and arbitration in Denver. But is either right for you?

Mediation””Like Negotiation but with Help

Mediation is a popular ADR technique for couples looking to reach an agreement so that they can speed up their divorce. If you can agree on child custody, child support, and the division of marital property, then you can get divorced much quicker than if you need a judge to decide these issues.

This is where mediation comes in. During mediation, you meet with a neutral person, called the mediator. He or she listens to the dispute and helps each side hear where the other is coming from. The mediator is not a judge. She does not pick a winner or loser or assign blame for the divorce in any way. Instead, she helps facilitate discussion so that the couple can reach a compromise.

Once you reach an agreement, you write it up in a settlement agreement and submit it to the court. Even reaching agreement on a few issues can streamline a messy divorce.

Arbitration””Like a Court Trial, but Private

Another form of alternative dispute resolution is arbitration. It is more like a trial than mediation. In arbitration, you submit evidence to an arbitrator (or panel of arbitrators). The arbitrator is often a former judge or an experienced attorney, and he will listen to the evidence. You can have witnesses testify and submit documents, just as you would in court. In the end, the arbitration will decide the issue by issuing an award in favor of one party.

One advantage of arbitration is privacy. The proceedings are closed. You ultimately need a judge to confirm the award, but the judge will not hear testimony on the contested issues. If you have a high net worth or want to maintain privacy, then arbitration could be a benefit.

Experienced Denver Divorce Lawyers

ADR is not appropriate in all situations, but it might be just what you are looking for in your divorce. To discuss your options, please contact Divorce Matters today. We offer affordable consultations, which you can schedule by calling 720-580-6745 or submitting an online message.

Will Infidelity Impact Your Divorce in Colorado?

Adultery happens. In fact, marital experts estimate that around 20% of husbands and 13% of wives have been unfaithful at some point in their marriage.

Fortunately, most marriages don’t end because of adultery. Instead, adultery often occurs after other problems have eaten away at the foundation of trust and affection that once underpinned a healthy marriage. Many couples can survive adultery””if they believe the marriage is worth saving.

If you are divorcing, you might wonder what effect your spouse’s cheating will have. Actually, infidelity plays very little role in Colorado divorces.

Adultery is Not a Ground for Divorce in Colorado

Colorado is a no-fault divorce state. This means that a judge will grant a divorce if one spouse can show the marriage has “irretrievably broken down.” The reason for the breakdown is really irrelevant, so it doesn’t matter if your spouse has been cheating. Usually, a desire by one spouse to divorce is enough to show that a marriage cannot be salvaged.

Adultery Rarely Matters for Alimony or Property Division

Judges usually award alimony for a limited amount of time or for a limited purpose, such as getting an education. In rarer cases, a judge can award alimony for long-term, such as after a very long marriage.

Many people want a judge to “punish” their spouse for cheating and hope to get alimony by flagging the adultery for the judge’s attention. But the laws in Colorado aren’t really set up that way. And the purpose of alimony isn’t to punish, in any event.

Infidelity might matter in one narrow situation: your spouse has wasted marital assets on a paramour. In this case, a judge might consider not so much the adultery but the economic effects of this relationship when deciding alimony or the division of marital property.

Infidelity Rarely Impacts Child Custody

Certainly, we can’t say that infidelity “never” matters in child custody disputes. But it is likewise wrong to say that if you have been unfaithful, you’ll lose custody. Judges typically only pay attention if an adulterous relationship somehow poses a threat of harm to the children. For example, a new boyfriend might have a criminal record as long as his leg and currently be living with you, in which case a judge might feel less inclined to award you custody.

Contact Divorce Matters

Adultery may be morally wrong, but it is of little legal significance in a Colorado divorce. To discuss your case, and whether you can get the divorce you want, please contact a Denver division of marital property & assets lawyer today.

So Your Ex Is Not Paying Child Support”¦

Getting a divorce can feel a little like running a marathon. Once you reach the end, you might collapse in a heap and tell yourself, “Never again.”

Unfortunately, in many situations, the real trouble has only just begun. Now, you need to spend one or two decades co-parenting with your ex, which often involves one parent paying child support to the other based on a monthly schedule.

But what happens when the other parent refuses to pay? You can ask them to pay, but they might avoid your phone calls. In this situation, you might need to seek enforcement from the judge, called contempt of court.

What is Contempt of Court?

When you received your divorce decree, the judge entered certain orders. These are not optional recommendations to each party but judicial commands to do something. If you or your ex decides not to follow the order, then a judge can find you in contempt.

Your ex might flout the judge’s ruling in all kinds of situation, such as paying child support or alimony or refusing to transfer title of an asset that is now yours thanks to the division of property.

What are the Punishments for Contempt of Court?

Judges have the discretion to bring the party in contempt back into compliance. Sometimes, a stern warning is enough. In other situations, a judge might order the person in contempt to pay money until they start following the orders or even send the person to jail. Usually, it never gets that far””but it could.

A judge might also revisit orders. For example, the judge could award more custody to a parent if his ex decides to disobey the judge’s orders. To determine what is the best remedy, you should consult with your Denver family law attorney.

How Do I Request a Contempt Citation?

You must complete forms and submit them to the court for consideration. It is probably best to have your attorney pursue contempt for you. Making a frivolous request could hurt you more than it would help, so let a lawyer analyze whether requesting a contempt citation is in your best interests.

Divorce Matters Can Help

Obtaining a divorce is only half the battle. If you are struggling to get your ex to follow the terms of your divorce, then you might need to file for a contempt citation. Contact Divorce Matters today. Our Denver contempt of court divorce lawyers have helped countless people over the past years.

Contact us today by calling 720-580-6745 or sending us a message.

Five Things to Include in a Lakewood, CO Parenting Plan

Under Colorado law, divorcing parents are required to submit a written parenting plan regarding the key issues involved with raising their minor children. Though the terms custody and visitation have been replaced by “Allocation of Parental Responsibilities” and “Parenting Time,” many of the same traditional concepts apply. Therefore, your parenting plan must include provisions on decision-making regarding important aspects of the child’s life, as well as the time each parent spends with him or her.

However, the standard form used in Jefferson County doesn’t cover every possible parenting plan issue that may come up. Parents often overlook certain key issues, and a Lakewood, CO child custody lawyer can help you identify what they are for your situation. However, you may want to consider addressing:

Computer Time

Laptops, tablets, phones, and other devices are useful tools for education and entertainment. However, too much computer time can be detrimental to the child’s development ”“ not to mention the fact that it interferes with the whole point of parenting time: Enhancing the parent-child relationship. In your parenting plan, set reasonable parameters on computer use for certain purposes.

Holidays and School Breaks

Many parents know to include provisions on splitting time over the week, but don’t forget to address holidays and time off school. Even if you don’t designate exact dates in your parenting plan, consider a formula that will establish which parent gets to spend time with the child and when.

Right of First Refusal

You may find yourself in a situation where one parent is scheduled for parenting time but has an unforeseeable conflict. In such a situation, it would be necessary to arrange childcare. In your parenting plan, you may want to include a provision that allows for right of first refusal: If you cannot handle child care during your own parenting time, you should give the other parent the opportunity rather than a third party.

Non-Child Support Spending

You may agree to general child support rules in your parenting plan, but you may also want to address certain expenditures that fall outside these provisions. One solution is to keep receipts or notes, then split the amount equally between both parents. Of course, you can also set a maximum per month for non-child support spending.

Stealing Parenting Time

Bitterness and resentment can linger long after your divorce is finalized, and one parent may resort to misconduct out of spite. That person may purposefully schedule certain events or appointments during the other parent’s parenting time, essentially stealing time away. You can include provisions to address this tactic, such as by requiring both parents to consent in writing when signing the child up for activities. If bitterness prevents you from agreement on these issues, you could spend a lot of time in court.

An Experienced Fort Collins, CO Attorney Can Help with Parenting Plans

For more information on how to create a parenting plan that works for your circumstances, please contact Divorce Matters. Our knowledgeable lawyers can assist with negotiations, drafting the essential documents, and enforcing the provisions as necessary to protect your interests.