Don’t Delete Your Emails – How Electronic Data Can Help & Hurt A Divorce

What happens to all your emails, texts, Tweets, Facebook posts and other digital information during a divorce?

Electronic data has become more and more important in divorce cases as computers and smartphones have become more and more ubiquitous. The rise of social media has made it so that there is so much information you can find about a person through the Internet. But how is it used in divorce cases, and what can you do to protect your data?

  1. Don’t delete anything! Your emails, your social media updates, and all electronic data should not be tampered with. It creates the impression of wrongdoing and could be considered spoliation of evidence, which can result in fines or other sanctions.
  2. Restrict your online activity while the divorce is ongoing. Don’t post about any new relationships or anything that might suggest you are spending money frivolously.
  3. Change ALL your passwords and your security questions for account recovery. Make sure the answers are things only you know and that your ex-spouse cannot find out.
  4. Use a new email address for your personal business.
  5. Adjust your privacy settings on social media accordingly.
  6. Have control of your electronic devices. Many people sync contacts, calendars and other information across different devices, which could lead to unauthorized access to your accounts.
  7. Don’t try to dig up information on your spouse without the assistance of an attorney. Some methods of acquiring digital data may be illegal, and you don’t want to have that reflected on you.

Denver divorce attorneys assisting Colorado families in matters of family law, through tailored actions designed to secure the best outcome.

Why Is January Known As Divorce Month?

A new year. A new beginning. Or is it a new ending?

Did you know that the first Monday of the year often comes with a peak in divorce filings? The holiday season is usually seen as a time of joy and family, but for many couples, this joy is a façade to mask strife in the relationship or even a last-ditch effort to salvage a failing marriage. There are plenty of reasons a couple might stick it out for the holidays.

One of the most common reasons for January divorces is that parents want to preserve the magical feeling the holiday season brings to children. Starting a divorce right before the holidays introduces grief and uncertainty, which can detract from the kids’ ability to enjoy their celebrations. By waiting until January, the kids are able to enjoy one last holiday as a family.

Another reason January sees a spike in divorces is because of year-end reflections and resolutions. For unhappy couples, the end of the year might make them look forward and decide that they can’t take another year of unhappiness. Emotions run high and couples decide to call it off.

There are also economic reasons couples might want to divorce before the new year ”“ taxes, for example. A person’s marital status on December 31 determines whether the couple will file separately or jointly on the next year’s taxes.

Our Denver family law attorneys wish you the best going into the new year and are willing to assist you in any matters of family law you might need help with.

It’s been several months since the unexpected news of American singer-songwriter Prince’s death. The musician, known for his eclectic style, mastery of many instruments and Purple Rain, often considered one of the best rock albums of all time, was found dead in an elevator at his Minnesota estate after overdosing on an opioid known as Fentanyl. The death came less than a week after Prince’s plane made an emergency stop in Moline, Illinois for emergency medical treatment after he was found unconscious.

Does Prince’s Estate Still Owe Attorney Fees for His 2006 Divorce?

The musician recently appeared in the headlines once more as a result of an ongoing dispute regarding his 2006 divorce from second wife Manuela Testolini. According to Prince’s divorce attorney, Patrick Cousins, Prince’s estate owes him nearly $600,000 for attorney fees accrued during the divorce.

Why would Prince’s estate owe attorney fees 10 years after the divorce was finalized?

According to Cousins, he and the late musician were very close friends who had an agreement that Prince would owe Cousins nothing until all of the divorce’s loose ends were tied up. Cousins says that these loose ends were finally resolved on April 1, 20 days before the musician’s untimely death. When asked about what loose ends took 10 years to clear up, Cousins had no comment.

Our Denver divorce law firm seeks to provide exceptional client experience to divorce couples in Colorado.

Does Prince’s Estate Still Owe Money For His Second Divorce?

It’s been several months since the unexpected news of American singer-songwriter Prince’s death. The musician, known for his eclectic style, mastery of many instruments and Purple Rain, often considered one of the best rock albums of all time, was found dead in an elevator at his Minnesota estate after overdosing on an opioid known as Fentanyl. The death came less than a week after Prince’s plane made an emergency stop in Moline, Illinois for emergency medical treatment after he was found unconscious.

Does Prince’s Estate Still Owe Attorney Fees For His 2006 Divorce?

The musician recently appeared in the headlines once more as a result of an ongoing dispute regarding his 2006 divorce from second wife Manuela Testolini. According to Prince’s divorce attorney, Patrick Cousins, Prince’s estate owes him nearly $600,000 for attorney fees accrued during the divorce.

Why Would Prince’s Estate Owe Attorney Fees 10 Years After The Divorce Was Finalized?

According to Cousins, he and the late musician were very close friends who had an agreement that Prince would owe Cousins nothing until all of the divorce’s loose ends were tied up. Cousins says that these loose ends were finally resolved on April 1, 20 days before the musician’s untimely death. When asked about what loose ends took 10 years to clear up, Cousins had no comment.

Our Denver family law firm seeks to provide exceptional client experience to divorce couples in Colorado.

Mary J. Blige Divorce Gets Uglier As Husband Withholds Assets

Nine-time Grammy Award winner Mary J. Blige filed for divorce from her husband Martin “Kendu” Isaacs in July this year, citing irreconcilable differences. Ever since, it seems like this rollercoaster of a divorce has gone to deeper and deeper depths. The divorce started with a bang, as Isaacs was not only Blige’s husband, but also her manager, a business relationship that was promptly severed by the divorce.

In September, TMZ reported contention between the two regarding the prenuptial agreement that they signed. Blige’s attorney asked the judge presiding over their case to rule on the validity of the prenup, which Isaac’s attorney called “invalid, unenforceable and unconscionable.”

In November, it was revealed that Isaacs was requesting quite the sum of money from Blige: nearly $130,000 per month in spousal support, $100,000 for attorney fees and $30,000 in forensic accountant fees, which he argues is necessary due to Blige cutting off his access to their joint business and personal accounts.

Where Are They Now?

In mid-December, Blige filed new documents accusing Isaacs of withholding significant assets from her. Among them: a Range Rover that Isaacs was supposed to return in February, a Mercedes C300 that Blige wants (while allowing Isaacs to keep the other Mercedes) and ”“ yes ”“ one of Blige’s Grammy Awards. Blige has also accused Isaacs of stealing $420,000 from her, which he allegedly spent on “business expenses” that had absolutely nothing to do with her business.

Denver divorce lawyers serving clients in matters of family law throughout Colorado.

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.

What’s Going On With Johnny Depp & Amber Heard’s Divorce Settlement?

Johnny Depp and Amber Heard have been engaged in a heated divorce for the last few months. Recently, tensions flared regarding the divorce settlement, in which Depp was ordered to pay Heard $7 million that she pledged to donate to the ACLU and Children’s Hospital of Los Angeles. Depp reportedly began making the donations to the two organizations himself instead of paying it to Heard. Heard’s representatives objected to this move, claiming that Depp was robbing Heard of tax benefits that she would have received if she donated the money.

It’s been months since Heard pledged to donate the settlement. Why hasn’t it happened yet? Are Depp and Heard still fighting over it?

It’s coming ”“ the divorce just hasn’t been finalized yet. Both the ACLU and Children’s Hospital of Los Angeles have already received $200,000 each from Depp, and the ACLU has already received an advance of $350,000 from Heard. The remaining fortune will be released to Heard within the next year. Heard plans to have the settlement donated by the end of 2018.

Violating A Divorce Settlement

Divorce settlements are legally binding, and violation of a settlement can lead to court penalties. This is called being held in contempt. Violations like Depp’s pledge to give the settlement to charity instead of Heard could lead to contempt, but there are many other violations, such as failure to pay child support or withholding visitation, that can lead to contempt.

Contempt can result in both civil and criminal penalties, including fines, paying the other party’s legal fees, compensatory custody time and even jail.

If your ex-spouse has violated your divorce decree, a Colorado family law attorney can help you enforce the decree in court.

2017 Is Coming: 5 New Year’s Resolutions for the Recently Divorced

  1. Pledge to be financially responsible. After a divorce, you are likely going through a major change in your family finances, so grab that bull by the horns and commit now to good money management. Start a 2017 budget and stick to it.
  2. Hit the gym more often. Divorce can lead to grief and depression, and while it might be hard to motivate yourself to exercise, the endorphins released by physical activity are proven to help your emotional state. It doesn’t just have to be the gym, though. You can work exercise into a lot of your daily routines. Bike to work, take the dog for a jog instead of a walk, join a dance class or go hiking with your children or friends.
  3. Start a new hobby. Maybe you were so busy coordinating your life with your ex that you never had time to sit down and pen that fantasy novel that’s been floating around in your head for years. Or maybe there’s a great little art studio around the corner from your new home that offers painting classes on the cheap. Not only do these hobbies keep your brain occupied, but they can teach you new skills that you might find useful in the future, and participating in them can help expand your social circle.
  4. Spend more time with the kids. Divorce is often particularly hard for children ”“ remedy this by showing them how much you love them. Create new traditions like weekly bike rides or monthly movie nights to engage the children and keep an active role in their lives.
  5. If you get off track, don’t give up. All too often, New Year’s resolutions are abandoned once they’ve been broken once. But people forget ”“ two steps forward and one step back is still forward progress. Keep going ”“ you’ll be surprised how you feel at the end of the year.

Our Denver family law firm wishes you the best for your holiday season and the new year to come!

A Year In Celebrity Divorce: 2016 Recap

What a ride 2016 has been in the world of celebrity divorce. Here’s a recap of the Year that Celebrity Love Died.

  • Gwyneth Paltrow and Chris Martin. The actress and Coldplay frontman were married in 2002 and lasted 11 years before Gwyneth announced her “conscious uncoupling” from her husband. The two remained good friends and continued to spend time together. The divorce was announced in 2014, but was only finalized this year.
  • Khloe Kardashian and Lamar Odom. This divorce was tumultuous, even as far as celebrity divorces go. After the two filed, Odom was found unconscious in Nevada and hospitalized for emergency treatment. Kardashian and Odom called off their divorce in the wake of Odom’s health scare, but announced in May that they were, indeed, going to divorce.
  • Frances Bean Cobain and Isaiah Silva. The couple married in 2014 and filed for divorce in 2016. The two have been engaged in a vicious battle over a guitar that belonged to Cobain’s father, Kurt, for several months.
  • Drew Barrymore and Will Kopelman. The couple married in 2012 and released a joint statement declaring their divorce intentions in 2016. The divorce appears amicable, and both parents are still actively involved with their two children.
  • Johnny Depp and Amber Heard. The two married in 2015 and made it just over a year before domestic abuse allegations led to their divorce. In a particularly spiteful move over Heard’s divorce settlement, which she intended to donate to charity, Depp decided to skip the middleman and donate the settlement for her. For that, many accused him of using this shady tactic to obtain tax benefits for himself.
  • Perhaps the biggest celebrity divorce bombshell of the year, Brad Pitt and Angelina Jolie. It is said that Angelina decided to split from Brad due to disagreements over the way he parented their six children. The custody battle is still ongoing.

It has been a rough year for celebrity love. As 2016 comes to a close, we look forward to a new day, one we hope is a little less tumultuous for Hollywood lovers.

Our Denver divorce attorneys help Colorado families through matters of marriage, divorce, custody and more.

The End Of The Private Investigator? Digital Data Trumps Physical Evidence In Divorce

It was a staple of 80s and 90s drama ”“ the man in sunglasses, sitting in the front seat of a nondescript van with a telephoto lens, watching the front door of a house to catch someone in a shady act. Hired by the suspicious spouse, the private investigator was ready to capture evidence of lies.

That kind of thing fell out of favor as the Internet became the king of preserving evidence of shady behavior, but private investigators are still around. They’ve taken a secondary role, however ”“ instead of the discoverers, they are the interpreters, hired by attorneys to assist in cases.

These days, it is not difficult to lawfully obtain information that could be relevant to divorce by doing a few simple searches on a computer. While the classical idea of the private investigator may no longer be as relevant as it once was, because of the breadth of information that can be found on spouses through public and private databases, the services of a private investigator can be useful for ploughing through those masses of information to find things that the untrained eye might miss.

How An Attorney Can Help You Find Hidden Digital Data

The electronic discovery process is an integral part of what your divorce attorney can do to help you in your divorce case. We can help subpoena data such as text messages, email communications, social media interactions and data from computer hard drives. Often, data hidden ”“ whether deeply or in plain sight ”“ on these devices proves to be highly relevant to ensuring a just and fair divorce.

Our Denver divorce lawyers are skilled in digital discovery and can help you fight for what you deserve in divorce.

Learn From Their Mistakes: How These Famous People Lost So Much In Divorce

It’s important to plan ahead when entering a marriage, especially if you have significant assets, such as property or money, that you are bringing into the marriage. You should consider a prenuptial agreement to ensure that you retain the rights to certain property, or, if you are already married, you can consider a postnuptial agreement. However, everyone makes mistakes ”“ even those with the most to lose. Learn from the mistakes of these famous people to ensure that you don’t lose it all in divorce.

The Importance Of Preparation For Your Divorce

  • Kelsey and Camille Grammer. Kelsey Grammer was the highest paid actor on television during the 11-year run of “Frasier,” earning $1.6 million per episode toward the end. Shockingly, he did not sign a prenup with Camille. During the divorce, he requested that some of his earnings be declared separate property. His request was granted for the money earned during the first four seasons of “Frasier.” The rest was split 50/50. Kelsey should’ve known better ”“ it was his third divorce.
  • Mel and Robyn Gibson. Mel Gibson’s divorce from Robyn slashed his estimated worth in half due to California law. Because he had no prenup, Robyn made a cool $450 million.
  • Roseanne Barr and Tom Arnold. Interestingly enough, Roseanne actually fired her attorney for suggesting the couple get a prenup. Tom Arnold walked away four years later with $50 million.
  • Craig and Wendy McCaw. Craig was a billionaire thanks to a successful communications company. When he and Wendy decided to divorce, he claimed that his $1.3 billion was mostly his separate property, because it was generated through investments he’d made with his family members. Washington state, at the time, was a community property state ”“ so Wendy made off with $460 million, making her one of the 400 most wealthy people in the United States at the time.

The moral of these stories? First, always consider a prenup. Second, know whether your state is a community property or equitable division state when thinking about marriage (we got you, Coloradans ”“ we’re equitable division here).

Our Denver divorce firm can assist prospective married couples in the drafting of prenuptial agreements for the preservation of assets.