Category: General

Somewhere between 40 and 50 percent of married couples will face a divorce, according to the American Psychological Association. If you are going through a divorce, you may feel overwhelmed. Here are some helpful tips from divorcees who have been there, done that:

1. Everyone deals with divorce in his or her own way. Grief, anger, depression ”“ there is no cookie cutter response. It might take a long time to recover. Take it at your own pace. If the divorce weighs too much on you, consider talking to a therapist.

2. Figure out your shared finances. Financial analysts suggest that 40 percent of divorces are about money. Figure out whose names are on which bank accounts, passwords to online accounts, investment information, etc. Having documentation of your financial situation can streamline what can be a complicated divorce process.

3. Continuing with the importance of clarifying finances, you should calculate your future living expenses as well as keeping some money aside for unexpected costs. If you did not have a budget while you were married, this is the perfect time to start using one.

4. Don’t try to hurt your ex. It may be tempting, but it is never worth it. Even something as simple as harsh words can escalate an already tense situation. Worse still, if you have children, your children may suffer if you badmouth your ex. And whatever you do, don’t post negative things about your ex on the Internet. Always take the high road.

5. Pay extra attention to your children and their feelings. Kids will often blame themselves for a divorce, even when it had nothing to do with them. Show them extra love and address behavioral issues early. Speak to their school teachers and principle about what is going on, so they have a heads-up if problems arise or if your child seems depressed or anxious.

If you have any questions about divorce, you will benefit from speaking to a qualified family law attorney. In the video below, Founding Partner Doug Thomas details the services a divorce lawyer can provide for you:

Divorce Matters ”“ Denver Family Law Attorneys

It’s 1992 again ”“ Jean-Claude Van Damme (the Muscles from Brussels) is in the midst of divorce proceedings with his fifth wife Gladys Portugues, who was also his third wife. Portugues recently filed paperwork at a Los Angeles court to terminate the couple’s now-second marriage. The documents cite irreconcilable differences as the reason for the divorce, and Portugues has requested spousal support from Van Damme. The actor and martial arts expert has not commented on her request.

How Does Spousal Support Work in Colorado?

In our state, a court will afford maintenance (our term for spousal support or alimony) only in the event that the spouse who seeks it is unable to cover his or her own reasonable needs and either cannot find employment to support themselves or should not be required to due to child care.

Maintenance will be determined based on how long a couple is married, the age and health of both spouses, the standard of living the couple enjoyed while married, each party’s earning capacity and division of marital property.

Even if maintenance is awarded to one spouse, it is possible for the courts to modify the terms of maintenance. A change in circumstances, such as new employment or child custody modifications, can prompt a court to reconsider a spousal support. Because these kinds of issues can be complicated, if you are considering a divorce and expect to seek spousal support, it would be in your best interest to contact a Denver divorce attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Did You Know?: People are getting married later in life. The median age of first-time marriages is currently 28.3 for men and 25.8 for women.

On March 3, Jennifer Conrad, wife of former football star Keyshawn Johnson, filed for divorce with the L.A. County Superior Court. The two separated in February after seven months of marriage due to irreconcilable differences.

Conrad has requested that the two share child custody of their kids, but she desires primary physical custody with Johnson getting visitation.

Visitation in Colorado

In Colorado, the family law legal dictionary refers to child visitation as “parenting time.” Courts in Colorado will usually designate parenting time for one parent, with the other parent acting as the primary care parent. These classifications are important in determining a variety of issues that may pop up over the course of divorce proceedings, such as whether one of the parents is allowed to permanently leave the state with the children.

For the most part, it is easy to get the courts to agree to a parenting time plan as long as the parents are both in agreement and the court believes that the child’s best interests are being looked after. Because the legislature believes that a child benefits the most with frequent and continuous contact with both parents, often the non-custodial parent will still receive considerable parenting time.

That said, several factors will determine how much time the non-custodial parent will receive. A very young child, for example, will have few overnights with the non-custodial parents, and courts prefer if a child in school spends his or her weekdays and nights with the primary care parent. Once the child is more mature, the courts will give credence to the child’s wishes as well.

Divorce Matters ”“ Denver Family Law Attorneys

Comedian and TV host Nick Cannon and singer Mariah Carey announced their divorce this past January, after rumors last summer that the two were not seeing eye to eye. The news has now broken that Carey sold the couple’s marital home, a mansion in California’s posh Bel-Air district, for a cool $9 million.

Both parties approve of the sale, however, Cannon has filed a lawsuit stating that he never signed off on the sale. Cannon believes that the couple’s business manager, Michael Kane, kept him out of the loop throughout the entire process of the sale. Now, he wants to know exactly how much of that $9 million he is entitled to.

How Do Divorcing Couples Decide What to Do with the Marital Home?

As we discussed last week, Colorado is an equitable division state. Marital property is doled out to each spouse depending on what the judge believes is fair to both parties. And often, the equity of the marital home is one of the biggest marital assets in a divorce. Equity consists of the market value of the house less any liabilities against the property, such as mortgages, taxes or home equity loans. Once an appraisal is made, the couple will generally have three choices:

1. The spouses sell the home and divide the proceeds, like Carey and Cannon are doing.
2. Either of the divorcing parties can refinance the home and “buy out” the other party.
3. One of the spouses can remain in the home exclusively for a certain period of time (until the children turn 18, for example), then that party can either buy out the other spouse or sell the home and divide the money.

Asset division can be a complicated and stressful process. You can make it easier on yourself and your family by speaking to a skilled divorce attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Canadian security technology magnate and star of Shark Tank Robert Herjavec has announced the end of his marriage to Diane Plese after 25 years of being married. The couple met at an eye appointment; according to Herjavec, it was love at first sight.

Now, the tycoon is singing a more somber song. Herjavec gave a statement on his reasoning for the divorce, and unlike some celebrity divorces, this one seems rather amicable. “Human relationships are so difficult,” said Herjavec, “I wish nothing but love and peace for our family as we move forward from this.”

No news has been released on the terms of the divorce, but Herjavec’s net worth is approximated to be somewhere in the region in $200 million dollars. Assuming there is no prenuptial agreement preventing it, Plese stands to gain a substantial portion of his assets.

Why Can Long Term Marriages End in Divorce?

It is not uncommon for couples married for a long time to end up filing for divorce, as in Herjavec’s case. Sometimes the marriage was doomed to fail, but the parents agree to stay together until the children grow up. Other times, one of the spouses becomes involved in an affair. Sometimes, love just fades.

Every marriage is different. Listen to Divorce Matters Founding Partner Doug Thomas discuss how a qualified divorce attorney can help you through the difficult process of marital separation:

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://www.eonline.com/news/631767/shark-tank-s-robert-herjavec-and-wife-diane-split-up

Josh Gracin, certified gold country music star and former American Idol contestant, is in the process of finalizing his divorce with his love of 17 years, Ann Gracin. And according to the divorce documents, Ann will be taking a hefty amount of Josh’s assets ”“ 50 percent stake of Gracin’s 24 songs that he recorded during the marriage.

In addition to the massive stake in Josh’s music, Ann will be receiving $1590 in monthly alimony and $1436 in monthly child support. Custody of their four children will be shared. The couple has mutual restraining orders requiring them to stay 25 feet away from one another.

How Do Colorado Courts Decide Which Assets to Split in a Divorce?

Colorado is an “equitable division” state, which gives the courts many options in deciding which spouse deserves which shared assets. Dividing property in Colorado usually involves a two step process. First, marital property must be defined and valued. Once this happens, assets will be divided equitably. Equitability is determined through a number of factors, including:

• The contributions of each spouse;
• The value of property set apart to each spouse;
• The economic circumstances of each spouse, including employment, salary, etc.;
• Increases, decreases or depletion of the value of separate property.

As with all aspects of divorce law, every marriage is different. The best way to determine equitability when divorcing is to speak to an experienced family law attorney.

Divorce Matters ”“ Denver Family Law Attorneys

Source: https://theboot.com/josh-gracin-divorce-music-rights/

Did You Know?: Property that is acquired before marriage, but has increased in value during the marriage, is considered marital and is subject to division.

Texas rapper Maurice Williams, also known as Hefe Wine, is seeking a divorce from Australian breakout rapper Iggy Azalea of “Fancy” fame after claiming that the two were common-law married. If the courts agree, Williams seeks to gain control of a large percentage of Azalea’s earnings from her recent success.

What Is Common-Law Marriage?

In Colorado, a common-law marriage is valid for all the same purposes as a ceremonial marriage. The term “common-law” marriage describes a marriage that is not in compliance with statutory requirements most state laws deem necessary for ceremonial marriage.

In order for a couple to be common-law married, they must fit the criteria listed below:

• Both parties are free to contract a valid ceremonial marriage (they are not already married to other people, for example)
• Both parties must hold themselves out to others as husband and wife
• Both parties must consent to the marriage
• The couple must live together
• The couple must have a reputation in the community as being married

No time requirement exists for the state to consider a couple common-law married, as long as they meet the above requirements. In Azalea’s case, she claims that would-be husband Williams was already married at the time of his alleged common-law marriage. She also says that she did not consent to be common-law married, despite Williams’ assertion that the two held themselves out as husband and wife during their time together. Only time will tell for this “Black Widow.”

Divorce Matters ”“ Denver Divorce Lawyers

Source: https://www.dailymail.co.uk/tvshowbiz/article-2886635/Iggy-Azalea-grilled-oath-husband-Hefe-Wine-newly-scheduled-divorce-deposition.html

Did You Know?: Common-law marriage exists in various forms in only 15 states and the District of Columbia.

Not every child custody agreement is golden; in some situations, the agreement needs changes. One example in recent news is that of rapper Wiz Khalifa. The artist of “Black and Yellow” fame wants a greater share of custody over his 1-year-old son Sebastian. According to Khalifa, neglect and unsanitary conditions on the part of the mother, estranged ex Amber Rose, prompted him to seek a custody modification.

Khalifa’s lawyers assert that Rose spends too little time with baby Sebastian, devoting only a short amount of time in the mornings to raising him before heading out and leaving him with various babysitters. Rose would rather be partying, Khalifa’s lawyers say, than taking care of the baby. The father also claims that the baby is at risk of illness due to Rose’s unsanitary pet dog. On top of neglect and an unclean environment, the baby is reportedly exposed to vulgar shouting matches between Rose and her mother that sometimes include racial epithets.

If all of this is true, Khalifa may have a case for a custody modification if he can demonstrate that all this constitutes a substantial change in circumstances or is a threat to the safety of the child.

How Do I Get a Child Custody Modification?

Naturally, the easiest way to get a modification is when both parents agree on it. This isn’t always possible, as child custody is a hot-button issue for separating parents. Mediation can help when the parents disagree on a modification. If that fails, court intervention may be necessary. Enlisting the services of an experienced child custody lawyer can help ensure that your child custody modification goes as smoothly as possible.

Divorce Matters ”“ Denver Child Custody Lawyers

Source: https://www.nydailynews.com/entertainment/gossip/wiz-khalifa-greater-custody-son-report-article-1.2118225

The world of daytime talk shows was shaken up early last month when long-time “The View” co-host Rosie O’Donnell announced that she was leaving the show to focus on her family while she and her wife, Michelle Rounds, worked through a separation. Her family troubles came to the spotlight when on February 27, 2015 she filed for divorce, closing off three years of marriage.

The couple separated last November and have agreed to share custody of their adopted two-year-old daughter. The adopted daughter is the youngest of O’Donnell’s five. O’Donnell’s public relations representative, Cindi Berger, confirmed the separation and described a stressful home environment for the family’s teens and toddler.

The court documents filed by O’Donnell describe the marriage as irretrievably broken. Rounds will not contest the divorce, implying that the two will abide by the terms of their prenup and work out an amicable settlement.

O’Donnell’s departure from “The View” has garnered much criticism, but it’s hard to blame a mother of five for wanting to take care of her children in a difficult time. Especially in the case of adopted children, who have by definition suffered a previous loss, special attention must be paid to help them through the emotionally devastating process of parental separation.

If your kids are struggling to understand your divorce, we know how you feel. Last year, we put together a list of children’s books that can help your children understand and cope with the changes to their family. You can find that list here.

Divorce Matters ”“ Denver Divorce Lawyers

Source: https://northdenvernews.com/divorce-rosieodonnell/