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.

What Kind of Divorce is Right for You?

No two divorces are the same. The legal assistance and procedures you choose will depend on your relationship with your spouse, pertinent child custody matters, marital assets, and personal resources. There are several paths you can take to obtain a divorce. Find out more about the different divorce forms to learn which option is best for you.

Uncontested Divorce

An uncontested divorce is for couples that have no issues to resolve before the divorce can be granted. If the spouses agree on every aspect of the divorce, they may choose to file jointly. Uncontested divorces can be obtained without legal counsel if desired. This option works best for spouses with no children and limited resources that are seeking a “quickie divorce.” While uncontested divorce is typically the least expensive form of divorce, it can also be a risky choice. One spouse may be unduly influenced by the other to accept the “raw end of the deal.” Spouses that fail to address every issue in their divorce agreement may end up going back to court at a later date.

Collaborative Divorce

Collaborative divorce is the process of resolving divorce matters as a team. Each spouse hires a separate attorney, but all parties work together to find a solution to property distribution and child custody issues. This process works well for divorces with few contentious issues involving amicable, cooperative spouses. However, if the parties cannot reach an agreement, they may have to retain new counsel and start from scratch.

Mediated Divorce

Mediation can be a very effective approach to reach a mutually agreeable divorce settlement. The spouses, with or without separate counsel, sit down with a neutral third party to resolve their financial and parenting issues. This form of divorce works well for many couples, as long as both spouses are willing to cooperate and compromise.

Divorce Settlement

The most common form of divorce is the out-of-court settlement. Each spouse is represented by his or her own attorney who oversees the negotiation process. When the parties reach a divorce agreement, they submit their proposal to the court for approval.

Contested Divorce

When negotiation and dispute resolution attempts fail, a contested divorce may be necessary. In a contested divorce, the spouses present their arguments in front of a judge or jury, who decides the issues for them. This is the most complicated, time-consuming, and expensive form of divorce. It is only recommended for those with complex asset division or child custody issues, or those dealing with a hostile spouse.

Arbitration

A less commonly used option is divorce arbitration. The process is often faster and less formal than a full trial, but the issues are still heard and decided by a neutral third party. The arbitrator’s decisions are legally binding, so it is only a good option for those who wish to preserve time, money, and privacy, but have been unable to reach a divorce settlement.

Need Legal Assistance? Call a Colorado Divorce Attorney

Divorce Matters is a Denver-based law firm that focuses on divorce and family law issues. Contact us today to schedule a consultation and let us assist you throughout each step of your case.

The Divorce Process, Part 2: Who Is Allowed To File For Divorce?

Miranda Bouchey - Attorney

Just because you are married and live in Colorado does not mean that you are automatically allowed to petition for divorce in the state. You must first make sure that you are following Colorado’s dissolution of marriage laws. To prevent your case from being dismissed, one thing you’ll have to make sure of is that you meet the residency requirements for divorcing in Colorado.

It is a common misconception that you must file for divorce in the state that you were married in. This is a myth; the majority of divorce cases are filed in the county in which the party petitioning for divorce lives. But it’s not enough to simply have an address in Colorado to file for a Colorado divorce. Here are the requirements, according to Colorado law:

  • The district court shall enter a decree of dissolution of marriage when: The court finds that one of the parties has been domiciled in this state for ninety days next preceding the commencement of the proceeding.
  • The dissolution of marriage may be filed in the county in which the petitioner or respondent resides. (Colorado Statutes – Article 10 – Sections: 14-10-106)

In more layman’s terms, for a divorce petition to be valid in the state, at least one spouse must have an established home in Colorado for at least 90 days. However, an established domicile does not necessarily mean a physical presence. The term “domicile” can be thought of more as a matter of intent than a matter of having a street number. This is because not all Colorado residents are present in Colorado at all times. If you work for the military, for example, and are stationed in San Diego but have had a Colorado address for longer than three months, often the courts will consider that sufficient intent to create domicile in Colorado. Other actions that indicate intent to create domicile include changing your mailing address to a Colorado address, maintaining voter registration in the state, registering your car in the state, etc., even if you are not currently present in the state.

Our Denver family lawyers seek to provide exceptional client experiences for clients throughout Colorado.

The Divorce Process, Part 1: Grounds For Divorce

Mark Smith

Do Colorado couples have to prove anything to get a divorce? There are two lines of thinking in the United States when it comes to divorce. All 50 states allow for “no-fault” divorce, which is divorce where neither party has to prove anything beyond that the marriage is irreparably broken.

There are 32 states that allow some form of “fault” divorce. In these divorces, one party can prove grounds for divorce such as cruelty, adultery, desertion or confinement in prison for a set number of years (it varies by state which forms of fault are accepted). For fault divorces, the goal is generally for the aggrieved party to seek a greater portion of marital property or support.

Colorado is strictly a no-fault state for divorce. This means that either spouse can petition for a divorce (also known as a dissolution of marriage) or a legal separation and only needs to show that there are irreconcilable differences between the spouses.

Because we are a no-fault state, the courts like to keep divorce cases clean, meaning they usually will not allow either spouse to present evidence of wrongdoing on the part of the other spouse. There are exceptions when the wrongdoing has the potential to affect other issues. For example, if there is any spousal or child abuse happening, the victim can present this evidence to be taken into account when the court makes decisions on parenting time (child custody).

Note that these rules only cover dissolution of marriage and legal separation, not annulments. Annulments are a separate legal process from divorce and will not be covered in this series on the divorce process in Colorado.

On Friday, we’ll discuss another issue of the divorce process ”“ who is actually allowed to file for divorce in Colorado?

Our Denver family law attorneys are willing to assist you no matter where in the divorce process you are.

Protecting Your Marriage From Money Problems

Money is one of the most popular points of contention for married couples. Studies show that the more frequently a couple fights over money, the more likely they are to divorce, especially if the money battles happen every day or every other day. There are a lot of things that couples fight about ”“ the kids, the chores, the in-laws ”“ but above all, the frequency of money disputes is the single biggest predictor of divorce. Knowing that, here are some basic tips to help keep your financial situation civil and productive:

  1. Communication is key. Have a regular meeting time with your spouse to discuss all matters of family finances, including income, expenditures, bills and plans for the future. One a month is a good schedule to follow, perhaps around the time bills are due, but every two weeks may be better for you.
  2. It might be hard, but make a budget. It’s much easier to spend money you shouldn’t be spending if you don’t have some sort of roadmap for your finances.
  3. Each party should have a separate account for discretionary income. Think of it like an allowance, something you give to yourself in case you want to treat yourself someday without angering your spouse.

It is critical when discussing money issues with the spouse to keep an open mind. You’re not engaged in some mortal battle for the fate of your wallet. It is about understanding your own and your partner’s outlook on money and the role it plays in your lives together. Be willing to adopt a positive mindset, search for common ground and know that compromise is the name of the game.

Our Denver divorce law firm serves clients throughout the state of Colorado.

Divorce Can Crash Your Credit ”“ Prepare Yourself!

Credit is highly important in our society. Our economy runs on credit, and with good credit you are much more likely to be able to get a mortgage loan, student loan, car loan and many other types of financial aid. But major life events can have a huge impact on your credit ”“ and divorce is one of those. Here are just a few ways a divorce can crash your credit:

  1. Divorce expenses. Divorce can be expensive, and many people will decide to use credit cards to either pay off those divorce expenses directly, or to cover other life essentials that they would normally use their cash for. When they do this, it increases their credit card utilization, and too much credit card utilization can result in a hit to your credit.
  2. Failure to make payments. You may find that during divorce, you have a harder time paying off your financial obligations such as your car payment, your utility bills or your mortgage. This can be due to the aforementioned divorce expenses, or simply because without the dual income afforded by marriage, you are struggling with your financial obligations. Additionally, you probably share several accounts with your soon-to-be-ex. Divorce doesn’t stop you from having to pay debts on these joint accounts, and if your spouse fails to make payments, it will hurt your credit.
  3. On the note of shared accounts ”“ if you share things like credit cards and your spouse gets wind that a divorce might be on the horizon, your spouse might take measures to utilize those joint cards to rack up debt. It could be a vindictive response to intentionally harm you, or it could just be your spouse’s way of looking out for number one. Get yourself separated from those accounts as soon as possible.

Our Denver divorce law attorneys can help you get your finances in order during a divorce to protect your credit.

How Can I Serve My Spouse Divorce Papers If I Can’t Find Him/Her?

You want a divorce, but your spouse has vanished ”“ won’t answer phone calls or texts, has no online presence and no longer works at any job you know about. What do you do?

If your spouse has pulled a Houdini, it is still possible for you to get a divorce. But the courts will require you to make a good faith effort to find your spouse. There is no law dictating exactly what lengths you need to go to in order to sleuth out your spouse’s location, so it falls to the judge to decide when you’ve done enough. Here are a few things you should look into before you make your case before a judge:

  1. When and where did you last see your spouse?
  2. Check your spouse’s last known address by mail, and in person if possible
  3. Check at your spouse’s last known workplace
  4. Contact any of your spouse’s family members you can and ask if they’ve seen your spouse
  5. Search through the Denver phone books
  6. Search through the Internet
  7. Check Denver criminal court cases either online or at a courthouse
  8. Call the jails near your spouse’s last known address
  9. Check with the DMV
  10. Call local hospitals and homeless shelters

Once you’ve exhausted all possible avenues to find your spouse, you need to file a Motion to Serve by Publication or Posting with the court. After that, a judge will review your motion and decide whether you should be allowed to publish a notice stating your intent to divorce. From there, your divorce attorney can help you proceed if your spouse does not respond to your divorce filing.

Our Denver family law firm delivers strength, confidence and experienced legal representation to clients throughout Colorado.

Can I Get A Divorce In Colorado If I Am Pregnant?

Divorce is stressful. Pregnancy is stressful. And both at the same time?

When divorce comes up during a pregnancy, there are a lot of questions to ask. How does the divorce affect child custody? What about child support? If you divorce before birth, is it easier or harder to deal with these issues?

For fathers, the divorce might bring up worries about legal paternity, which is required for the father to have visitation rights, custody and child support obligations. Fortunately, establishing paternity even in divorce is usually a simple process. If the parties are married, then paternity is automatically presumed. If the parties are unmarried, the father can submit a Voluntary Acknowledgement of Paternity (which won’t include child custody or child support issues) or file a judicial action for paternity (which will include support and custody issues. If, for whatever reason, the mother decides to deny paternity, then the father would have to undergo a paternity test.

Fathers may also worry that they will be less likely to have custody of the baby. As far as the law is concerned, that is not true ”“ both parents have equal claim to the child. However, the courts are responsible for assigning custody and will have to approve any proposed custody plans. They will only approve what they feel is within the child’s best interest. Judges understand the need for both parents to foster a connection with the baby and will often recommend frequent visitation for the non-custodial parent. The best way to ensure a parenting time schedule that works best for you and your child is through mediation, rather than just letting the judge come up with one.

As for child support, it works the same way for pre-birth babies as it does for ones that are born. You can petition for child support even before the baby is born, and it is calculated the same way (and you can find out how it is calculated using our app.) You shouldn’t wait to file for child support, but know that no orders will be given until the baby is born.

Our Denver family lawyers are well-equipped to assist pregnant mothers in matters of family law.