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.

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.

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.

Will Recreational Marijuana Use Affect My Divorce Proceedings?

In 2012, Colorado voters passed Amendment 64, which put the state on the leading edge of liberalizing marijuana laws. Though it is still not allowed under federal law, recreational use of cannabis is permitted in Colorado.

This complex legal framework raises a number of questions. For example, if you are getting divorced in Denver, CO, you may be wondering how recreational marijuana could impact the proceedings. In child custody and visitation proceedings, use of marijuana ”” along with the use of any other impairing substance ”” could potentially be a factor in the case.

How Recreational Marijuana Use Might Impact Child Custody Cases

Under Colorado law (C.R.S. § 14-10-124), child custody cases are resolved under the state’s best interests of the child standard. Simply put, Colorado courts are instructed to make determinations in accordance with what is best for the health, safety, emotional well-being, and social development of the child. In doing so, family law judges can look to many different factors ”” including recreational marijuana use.

To be clear, recreational marijuana use will not automatically disqualify a parent from gaining custody. Instead, it may simply be a factor in the case. In considering this issue, the most useful comparator is alcohol use. While it is certainly legal to drink, alcohol use can still be in an issue in child custody/child visitation disputes. If evidence is presented that shows that a parent’s alcohol use (or alternatively, their recreational marijuana use) adversely affects their ability to provide stability and safety for their child, then that fact may be used against them in child custody proceedings.

Be Ready to Show You Can Provide a Great Environment for Your Child

If you are going through a child custody or child visitation dispute in Colorado, the most important thing that you need to know is that you must be able to show that you can provide a healthy, happy, and safe environment for your child. Colorado courts are primarily interested in what is best for the children.

Evidence of recreational marijuana use does not mean that a parent is irresponsible. However, if there is any evidence that the marijuana use can be linked to poor or inattentive parenting, then the marijuana use will become a factor in the child custody case. For example, if a parent got behind the wheel while intoxicated on marijuana or if they repeatedly forgot to pick up their child because they were smoking marijuana, that will be a major strike against them in any child custody or child visitation proceeding.

Contact Our Denver Divorce Attorneys Today

At Divorce Matters, our top-rated Lakewood divorce attorneys are committed to providing our clients trusted, reliable family law advice when they need it most. If you have questions about recreational marijuana use and divorce, we can help.

To set up a fully confidential family law consultation, please do not hesitate to contact our law office at (720) 580-6745. With locations in Greenwood Village, Lakewood, and Fort Collins, we represent clients throughout Colorado.

Signs Your Spouse is Looking for a Divorce

For many people, divorce strikes like a bolt out of the blue. One day, you are muddling along in the marriage, trying your best, but the next your spouse sits you down to tell you it is all over. No questions asked.

Should you have seen the writing on the wall? Many people point to common signs like fighting, infidelity, and emotional distance. But many couples can recover from those problems with a little work or couple’s therapy. Instead, the following are signs that divorce is imminent””and that your spouse does not want to try and save the marriage.

Your Spouse Makes Unexplained Withdrawals of Money

A husband or wife looking for a fresh start often tries to set themselves up financially by making large withdrawals from joint bank accounts. We are not talking about $10 or $20 taken from a checking account but large withdrawals of hundreds and thousands of dollars. When asked what the money is for, they have a vague story about family members needing a loan or a friend who had a medical emergency.

A spouse looking for divorce also might stop direct deposit to a shared bank account. This is also a sign that they are trying to set themselves up financially for an exit from the marriage.

Your Spouse is Spending More Time with the Children

In a custody fight, one factor a judge will look at is the extent of each parent’s relationship with their children. If your spouse has spent a lot of time away from home, then they will have a weaker case for custody.

For these reasons, a parent who is suddenly involved in their children’s lives could be thinking ahead about divorce. Watch for signs the parent is trying to document their relationship, such as signing homework or having their picture taken with the children. They could be collecting evidence to use in a custody fight.

Your Spouse Has Met with a Divorce Lawyer

Couples today are much savvier than their parents were about the legal implications of divorce. They will strive to protect themselves, and seeking out a lawyer’s advice is a logical step.

If your spouse has met with a divorce attorney, then you can expect that divorce is on the horizon. Protect yourself by meeting with a lawyer of your own. At Divorce Matters, our Aurora divorce lawyers have helped many men and women get the divorce that they want. Contact us today to schedule a comprehensive consultation.

How to Divorce Later in Life

How to Divorce Later in Life

Divorce is not only for the young””and its popularity for older Americans is growing. According to statistics compiled by the National Center for Family and Marriage Research, divorce after age 50 is twice as common today as it was in 1990, and divorce for those 65 or older is even more common. If you are planning on divorcing later in life, you should follow these tips.

Remain Sensitive to How the Divorce Affects Your Children

Couples sometimes stay together until their children graduate high school or college, but nothing magical happens at 18 or 22 that makes divorce easy for your children to accept. Even older children might struggle emotionally with the separation. It is simply a fact that our marriages serve as role models for our children and grandchildren, and when the model marriage blows up, you can expect your children to think they are staring into a crystal ball.

Remember to avoid asking your children to be mentors, therapists, or mediators during the divorce process. Children, even adult children, should not be asked to pick sides. For that reason, be careful about what reasons you give for divorcing. Your children do not need to know every detail of what you find disappointing in your spouse.

Talk to Someone about Your Emotions

One of the benefits of being older is less sensitivity to what other people think. Young married couples might avoid therapy because of the stigma that still attaches to talking with a “shrink.” However, you might be surprised at how deeply the divorce affects you. To work through your emotions, schedule therapy, individually or as a couple.

Among the most powerful emotions is a fear of being alone. Of course, by divorcing, you open up to the possibility of meeting someone new. You might also discover a hidden reservoir of independence that makes being alone past 50 an exciting experience.

Realize Your Ex Will Remain Part of Your Life

Young people without children might be able to split and never see each other again, but it is less likely for older couples who have been married for decades. If you have children and grandchildren, you will see your ex-spouse at family holidays and events. Even if you are childless, you probably have the same friends and belong to the same organizations. It is inevitable that you will run into your ex at some point.

Speak with an Aurora, Colorado Divorce Lawyer

In addition to the emotional aspects, divorce carries legal ramifications that you should be aware of. At Divorce Matters, we have handled countless “gray” divorces, and we are here to assist you, too. Please call us to schedule your free consultation, 720-580-6745.

 

How Can Adultery Affect Your Divorce?

We expect that our spouses will remain faithful to us throughout our marriages. Unfortunately, that doesn’t always happen. Sadly, some spouses stray and are unfaithful to their partners. When these relationships cross the line and lead to sexual intercourse, it is considered adultery. Many couples are not able to overcome this challenge; here, the marriages are ruined and the next step is divorce.

Colorado is a no-fault divorce state, so you don’t need a reason to get divorced. Adultery is not considered grounds for divorce. However, in some cases, the presence of adultery in a divorce case may affect certain parts of the outcome. Ultimately, anyone who is considering divorce as a result of adultery should reach out to a skilled legal professional for immediate help.

Distribution of Assets

In some circumstances, adultery can affect asset division in a divorce. For example, the unfaithful individual may spend money to support their affair. They may pay for hotels, dinners, flowers, expensive jewelry and other gifts. Here, it’s important to note that when a couple is married, they have a duty to manage finances in a way that benefits the family;. When money that should be going toward a mortgage, food, utilities and other household expenses is going toward another individual, it becomes an issue, and is known as dissipation of assets. If a married individual has proof of these expenditures on someone else, they can use it against their spouse and seek a higher amount of assets to make up for these spending habits.

Child Custody

A mother or father is not likely to be denied custody of their children based solely on the fact that they cheated on their spouse. A person can be a poor spouse, but a wonderful parent. It’s not fair to deny children their parents’ love simply because their parents could not stay faithful. This is not a parenting issue.

Adultery can rear its ugly head in child custody situations, however. For example, if the parents cannot move on from the situation after divorce, tensions can build up and affect the children. A different parenting approach””such as parallel parenting””may need to be used to allow both parents to raise their children in a way they see fit.

Adultery may affect child custody decisions if the parent carried on the relationship in front of the children. Exposing the children to inappropriate situations during the course of the affair can negatively affect a custody agreement.

Reach Out to Our Highlands Ranch Divorce Attorneys Today

If you are divorcing because of your spouse’s adultery, you will understandably feel shocked and angry. However, your spouse’s indiscretions may not affect the outcome of your divorce.  Get help from the divorce attorneys at Divorce Matters. We can answer your questions about adultery and divorce. To schedule a consultation, contact us by calling (720) 408-7469 today.

How Divorce Will Affect Your Lakewood Taxes

A divorce is probably the biggest headache a married couple in Lakewood could potentially face. A divorce splits apart a family, as well as the assets. One home becomes two. A divorce has financial implications for all involved.

You may have just finalized your divorce and now you have another concern: taxes. This year, tax day is on April 17, so you have just a couple more months to get your return filed with the IRS.

If you think your taxes were difficult in the past, they’ll be even more challenging now that you’re divorced. The date your divorce was finalized, as well as child support, child custody and alimony, will all affect your taxes

While programs such as TurboTax will be able to walk you through the process of filing your taxes after a divorce, you may want to invest in the help of a Lakewood accountant or other financial professional, especially if you are newly divorced. Here are some things to keep in mind throughout the process.

Choose the Right Filing Status

Your marital status on December 31 controls how you file your taxes. If you were not officially divorced by December 31, you have the option to file a joint return or file separately. If you were divorced by that date, you will need to file separately. You can file head of household if you had custody of a child for more than half of the year.

Child Support and Alimony Comes With Taxes

Tax laws regarding child support and alimony can be confusing. Child support is not reported as income and is not deductible to the payer. Conversely, alimony is tax deductible for the payer and is counted as income.

Claiming Children as Exemptions

The exemption for children goes to the custodial parent, unless the divorce decree says otherwise. If you share joint custody, the exemption goes to the parent who had the children for the greater number of days in the year.

Consider Changing Your Tax Withheld

If you are employed, a change in marital status may require you to change your exemptions on the W-4 form. Now that you are single, you may not be having enough money taken out of your paycheck for taxes. This is especially true if you are now receiving alimony or have other tax liabilities. If you owe money this tax season, make some changes to your W-4 so you’re not having to write a huge check to the IRS next April.

Do You Have Questions About Taxes and Divorce? Seek Advice from an Experienced Lakewood Divorce Attorney

A divorce can impact many areas of your life, including finances and taxes. The Lakewood divorce lawyers at Divorce Matters can help you understand what to expect when tax season rolls around, and advise you on other matters involving family law in Colorado. To learn more about what you can expect in your new life after divorce, contact us at (720) 408-7469.

When Should I Get Divorced?

As experienced Denver divorce attorneys, one of the most common questions we hear from clients concerns the timing of their divorce. While this will depend on the specific circumstances surrounding your case, the following are ramifications you will want to consider.

The Best Time of Year to Get a Divorce

If you experience issues in your marriage such as a spouse’s alcohol or drug use and domestic violence, you may need to act quickly to protect your family’s safety and well being. If your breakup is more about long-simmering resentments or disagreements that have caused you to grow apart, giving thought to the timing of your divorce is a smart move.

Due to Internal Revenue Service (IRS) tax laws regarding filing status, January is often considered the best time for getting a divorce:

  • If you were separated or filed for divorce on December 31st or at any prior time during the year but your divorce was not finalized, you are considered as married for the entire year and can file a joint return.
  • If your divorce was finalized on December 31 or any time prior in the year, you are considered unmarried and are required to file as a single taxpayer.

Filing status can have a significant impact on taxes you may be required to pay or refunds you may be owed and is a common reason for timing a divorce.

Other Considerations in Timing Your Divorce

In addition to tax ramifications, there are other important issues to consider in deciding when to file for divorce. Under the Colorado Dissolution of Marriage Act (C.R.S. 14-10), couples must meet residency requirements, but since Colorado is a ”˜no fault’ state, the only grounds for divorce are irreconcilable differences.

While fault grounds such as adultery, habitual drunkenness, desertion, and mental cruelty do not impact your ability to get a divorce, they can have an effect on issues such as property division, child custody, and spousal support. Remaining married to a spouse who has engaged in these types of behaviors may be viewed as condonation, meaning that you either forgive your spouse or accept their acts. Other issues to consider in timing your divorce include:

  • Impact on children: If you have small children, you may be reluctant to separate over the holiday or during their school breaks. At the same time, custody issues due to a divorce during the school year could necessitate a change in school districts.  
  • Financial preparedness: Prior to filing for divorce, it is best to be financially prepared. In addition to finding housing that is affordable on one income, you will want to have your own bank accounts and lines of credit established, make copies of important documents, and conduct a thorough inventory of all marital property and assets.  

When determining when the time is right for you to seek a divorce, it is important to speak with an experienced Colorado divorce attorney. Call or contact Divorce Matters online and request a consultation today. Serving Denver and the surrounding areas, we provide the trusted legal advice you need to protect yourself and your family.

Divorcing a Narcissist

We all have heard of narcissists and some of us have probably dealt with one at some time or another. Unfortunately, some of us may be married to one, or maybe in the process of divorcing one.

Being in a relationship with a narcissist can be challenging. Narcissists are vain and think of themselves very highly. They are callous and do not care about the feelings of others. They are concerned primarily about themselves. They have a need for constant admiration as if they are a celebrity. They also feel entitled to everything and cannot handle criticism well.

So when you divorce the narcissist, be prepared to see your spouse portray himself or herself at the victim and you as the most horrible person in the world. While this portrayal will likely make you extremely upset, the worst thing you can do is react emotionally. Why? Because narcissists don’t care about the feelings of others. You’re just making things worse for yourself.

A narcissist will try to take the divorce all the way to court to let a judge decide. This seems like a poor strategy, but in the eyes of the narcissist, it’s better to have an unfavorable outcome when someone else has the control than to give up control unwillingly. This may not make sense at all, but that’s how the mind of a narcissist works.

Divorce Tips

So what can you do to avoid your spouse’s drama and get your divorce finalized quickly? Here are some suggestions:

  • Let your lawyer know about your narcissistic spouse. Most lawyers have experience dealing with this type of person, but if not, find someone who is. You need to have the right strategy.
  • Establish goals.What do you want to accomplish in the end? Determine what battles you want to fight, because some are small and not worth fighting.
  • Listen and ask questions. Don’t have preconceived ideas. Learn more about your spouse’s point of view and set reasonable expectations.
  • Document everything. Your spouse will tell lies. You can negate these lies by having receipts and other documents to back up your claims.
  • Be objective. Play devil’s advocate. What arguments will your spouse use against you to make you look like the bad guy? Think ahead so your lawyer can help you avoid hurting your case.
  • Be reasonable. Your spouse wants you to enrage you. Don’t let him or her do it. Don’t think with your feelings. Use law and facts to create an argument that is logical and reasonable.

Contact a Denver Divorce Attorney Today

Being married to a narcissist can be frustrating, but divorcing one can be even worse. Your spouse will try to manipulate you and refuse to settle outside of court. He or she will make your divorce a nightmare. Get help by contacting the family law professionals at Divorce Matters. We can help create an agreement that will allow you to settle outside of court without the drama. Request a consultation today by contacting Divorce Matters online or by calling (720) 463-1232.