Category: General

For the most part, when we discuss different state laws regarding divorce, there are two major categories we talk about ”“ community property states and equitable division states. There are also fault and no-fault states. But if you dive deep into our national divorce laws, you will find some pretty strange provisions that might leave you scratching your head. Here are some of the weirdest marriage and divorce laws in the United States.

• In six states (Hawaii, North Carolina, Mississippi, New Mexico, South Dakota and Utah), if a divorcing spouse blames a third party for the failure of a marriage, they can actually sue that third party for alienation of affection. It doesn’t even necessarily have to be a matter of adultery, although that’s the common reason. Family members, counselors, even clergy members have been sued for convincing one party to divorce another.
• In Kentucky, you cannot remarry the same person four times. Why? We don’t know. But if the third marriage didn’t work out, it’s probably for the best to have someone step in and say enough is enough.
• It’s just a prank, bro! In Delaware, you can have your marriage annulled by checking a box on the form saying that the marriage happened because of a “jest or dare.” Have you ever dared someone to marry you, just, like, for fun? Talk about commitment.
• What if you want to get married, but the date is just not good for you and you don’t want to have to deal with the hassle of rescheduling? If you live in California, Colorado (shout out), Texas or Montana, you can have a marriage by proxy. That means you have someone stand in for you at the wedding. This is limited to members of the U.S. Armed Forces, though, and of all of those states, Montana is the only one that allows double marriage by proxy ”“ neither the bride nor the groom have to show up!
• In South Carolina, don’t pull a Delaware and propose as a dare or joke ”“ if you are over 16 years old, you commit a misdemeanor by proposing to someone and not meaning it. This is due to the Offenses Against Morality and Decency Act.
• Planning on a Mardi Gras wedding in New Orleans? Don’t try to have a palm reader, fortune teller or mystic of any other sort officiate your wedding ”“ it’s illegal. Maybe they don’t want you spoiling your happily ever after by seeing the future.

Who is to say whether a lot of these laws are even enforceable, but it is interesting to see how local cultures can influence the laws of the land.

Our Denver divorce attorneys are well versed on the complexities of Colorado family law and are committed to ensuring an equitable divorce for you and your spouse.

If it sounds too good to be true, odds are, it is.

We tweeted recently about SwanLuv, a startup that offered applicants $10,000 weddings with only one string attached ”“ if the marriage ended in divorce, the couple would have to pay the company back the $10,000 plus interest. The lofty promises of the startup set fire to news and social media sites and no doubt got a bunch of couples excited about the prospects of that free cash.

Well, lack of commitment is a horrible way to start a marriage, and it looks like when the time came to write the check, SwanLuv left its applicants at the altar.

Overwhelming Demand Caused SwanLuv’s Change Of Heart

Despite the obvious cynicism of the company’s approach (betting on divorce ”“ well, the odds are definitely in SwanLuv’s favor, but still), the company reported that it would need over $2 billion to meet the demand it generated. Without the cash on hand, SwanLuv’s founder had two choices. He could either pull out completely or adjust the funding model. He chose the second.

Now, instead of using failed marriages to fund future marriages, SwanLuv acts much more like a GoFundMe or Kickstarter page, allowing couples to crowdsource funds for their nuptials.

The disappointment is real, but unfortunately, there is little that can be done to force SwanLuv’s hand. No contracts have been signed and no money has been exchanged. Call it false advertising, a bait and switch, whatever you like. Best of luck to all of those couples affected by the change.

Our Denver divorce attorneys are skilled in matters of property division, divorce planning and other aspects of family law.

Divorce has changed. The technological advancements of the 21st Century have given rise to a series of powerful new tools for divorcing spouses to employ. But just as divorce has been made easier through the use of electronic banking and digital discovery, so, too, have new ways come about in which divorcing spouses could make their case much more difficult.

Much of this new difficulty comes from digital media.

Digital Media & Your Divorce

Divorce is never easy, and that goes doubly so now that we have the Internet to record both the good and the bad of your divorce case. Limiting your online presence is one key to structuring your own divorce narrative and protecting yourself in the case of contentious divorce. With this in mind, here are some tips to reduce your digital footprint.

1. Put down the smartphone and stay off your email. Written communications between you and your spouse have a nasty habit of showing up in divorce proceedings. Only use emails and texts for their intended purpose ”“ succinct messages that are pertinent to the subject at hand. Don’t go on lengthy rants to your ex about how terrible a person they are, and don’t apologize for being a terrible person yourself. It’s divorce ”“ feelings are high, but admit no faults and accuse your spouse of none. Say what needs to be said, no more, no less. (And don’t rant on Facebook.)
2. Change those passwords. Marriage is very much a shared thing, so it might be a fact that you and your spouse shared passwords to each other’s online accounts. Shut that down ASAP. Computer passwords, phone logins, email logins, your social media accounts and bank accounts should all get new passwords. It’s inconvenient but necessary.
3. You might consider deleting your accounts. Don’t! It’s a pretty suspicious move. The court may see it as destruction, or spoliation, of evidence. If you wish to keep your social media private, you can temporarily disable your accounts or buff up your privacy settings.

The popular adage, while somewhat hyperbolic, stands (mostly) true: Lawyer up. Hit the gym. (Don’t) Delete Facebook.

Our Denver divorce lawyers are skilled in the process of electronic discovery and can use it to fight for your best interests in divorce.

A New Hampshire couple recently found out that divorce, like marriage, is a commitment. After 24 years of marriage, the couple decided in 2014 to divorce. However, something changed, and the two got back together after the divorce had been finalized. So, the couple filed an appeal to get the divorce “vacated,” or thrown out ”“ but they were denied.
If you are considering divorce, the last thing on your mind is probably how to get back together with your spouse ”“ but what if the New Hampshire couple had been from Colorado? Would they have been able to have the divorce vacated?

Factors That Can Allow a Divorce to Be Vacated

Divorce decrees in Colorado are generally considered to be binding agreements. However, depending on circumstances revolving around the divorce, there are some situations where the divorce can be vacated. The specific statute is C.R.S. 14-10-112(2), which reads:

“The terms of [a] separation agreement ”¦ are binding upon the court unless it finds, after considering the economic circumstances of the parties and any other relevant evidence produced by the parties, on their own motion or request of the court, that the separation agreement is unconscionable.”

Unconscionable, in this context, means that some part of the divorce agreement has to be grossly unfair. Generally, this would likely have to include some component of fraud or misrepresentation by one party: for example, if a business valuation in a divorce decree turned out to be completely wrong or if one spouse hid or lied about an asset.

Contact a Knowledgeable Divorce Attorney in Greenwood Village

Without grossly unfair provisions in a divorce agreement, generally speaking, divorce decrees are binding and irreversible. Once it’s done, typically, there’s no turning back.
Of course, you could always get remarried.

Our Denver divorce attorneys are experienced in handling matters of family law regarding marriage, divorce and property division. Contact us today to learn more.

In some marriages, the desire to divorce is mutual for both parties. However, this is not always the case; sometimes, one spouse is not quite ready to give up fighting for a failing marriage. And it is a noble idea, to fight for love ”“ what do you do if your spouse wants a divorce, but you don’t?

We can only speak to the legal side of things. Under the law, if one spouse wants a divorce, he or she is going to get it. In Colorado, all that needs to be done for a court to dissolve a marriage is to prove that the marriage is “irretrievably broken” and can never recover. This assertion can be proved by the requesting spouse’s testimony alone, if necessary. The bottom line is: A judge is not going to force a spouse who wants a divorce to remain in a marriage.

Can I Save My Marriage in Divorce Proceedings?

There may be a chance for you to save your marriage, but the courts will not order a reconciliation. A Colorado statute does allow you to file an answer objecting to the divorce and to ask for a judge to suggest counseling that can potentially save your marriage, but the counseling cannot be court-ordered; it is up to you to seek it independently. After filing for divorce, there is a mandatory 90-day waiting period before a divorce decree can be issued. In reality, it will likely take over 90 days for discovery and draft a settlement agreement. So you have a minimum of 90 days to try to mend things with your spouse.

If your spouse remains adamant about getting divorced after the suggestion of counseling for reconciliation and the 90-day waiting period, unfortunately, there is nothing else that can be done to prevent the divorce. However, you can take steps to ensure that the divorce remains amicable by engaging in processes like mediation to help settle questions of property division, child support, child custody and other outstanding issues.

Our Denver divorce attorneys are committed to helping spouses complete the divorce process in the most painless and cost-efficient way possible.

One of the most difficult parts of a divorce is the financial hit of losing one of the family income-earners. This is doubly true for parents, who not only have to balance monthly bills but also food, clothing, childcare, transportation, education and potentially child support. If you are fresh off of a divorce and your head is spinning trying to figure out how you are going to provide for yourself and your children, don’t fret; here are some tips on how to keep on top of all of your financial obligations.

• Budget! Spending blindly is a great way to burden yourself with unnecessary anxiety and stress. It might be intimidating at first, but you will feel much better about your financial situation once you’ve tallied up all of your expenses in one easy guide. Start with fixed costs ”“ your car payment, your Internet bill, cable costs, phone plans and insurance. Next, factor in your variable costs, such as groceries. After that, you’ll want to think about those rare annual costs, such as birthday presents, holiday gifts, certain taxes, vehicle registration and inspection, etc. Once you have all these costs tabulated, you will have a better idea of your leftover income and where you can trim the fat to keep your pocketbook padded.
• If you find that your costs of living are too high, as the 38 percent of single mothers living below the poverty line surely know, you might consider going back to school. College can be expensive, but there are a lot of scholarships and grants created specifically to help newly single moms. Putting down the costs of tuition now can help you earn more money later on, which will help as your kids start to get older and you have to consider the costs of extracurriculars, cars and eventually their college education.
• Look into special tax credits and deductions that you qualify for based on your income and children. If you are the custodial parent, claiming your child as a dependent on your tax return can earn you an exemption. If your income is low enough, you can qualify for the Earned Income Credit (EIC) which helps with college tuition and fees. Also look into the Child and Dependent Care Tax credit, which helps working families pay for the costs of childcare as well as adult dependents.
• Frugal shopping can save a ton of money. The Internet is a wonderful place to find essentials like strollers, cribs and other items that you will only need short-term. Craigslist and eBay can be a huge help ”“ in some cases, you might be able to get the essentials for free!

At Divorce Matters, we are focused on helping our clients get through the divorce process in the most painless way possible.

The longer a couple has been together, generally, the more complicated the divorce is going to be. Young divorcing couples don’t usually have to deal with things like wills or estate planning; however, when a couple amasses a large number of assets, potentially including stock portfolios, businesses and real estate, finding an equitable split in the property takes a lot of time and effort.

For couples over 50, divorce rates have steadily increased over the last two decades. In 1990, 10 percent of people over 50 were divorced; by 2010, that number jumped to 25 percent. And though the rate of divorces in second or third marriages is higher than that of first marriages, 48 percent of gray divorcees were in their first marriage according to a study by Bowling Green State University.

What to Consider During Your Denver Gray Divorce

During a gray divorce, you are going to have to think about your financial future. Here are some things to consider when you are going through the divorce process.

• Alimony (maintenance) is often granted after the end of a long-term marriage, especially when only one spouse is working.
• Your retirement is usually subject to equitable division. This does not mean equal division ”“ it just means that the judge will split the retirement money in the way that he or she perceives as being the fairest.
• If you plan on keeping the house, be prepared to give something up, and be ready to deal with property taxes, maintenance and other associated costs on a smaller budget.

The family law attorneys at Divorce Matters are tireless advocates for our clients in matters of senior divorce.