Category: General

Colorado is making headlines with an experimental ballot measure that proposes mandatory marriage education before a couple may wed. The syllabus would include lessons on financial management, health issues, conflict resolution, and domestic resolution.

The idea comes from a California-based group called Kids Against Divorce, who hopes to test the success of the initiative in Colorado before taking it to other states. Accordingly, they’ll need 86,105 signatures by August 4 to ensure it appears on November’s ballot.

If it passes, a couple would be required to undergo 10 hours of training in a curriculum devised by the Colorado State Board of Marriage and Family Therapist Examiners. The number of mandatory hours increases to 20 for spouses marrying for a second time, and 30 for those walking down the aisle for the third time. Widowers, however, would be considered first-timers and those seeking civil unions wouldn’t have to take any classes at all. The couple, incidentally, would bear the full cost of the classes and the completion certificate.

As a bonus though, there would be a tax cut for couples who voluntarily undergo continuing marriage education once they’ve returned from the honeymoon.

The organization’s website claims education is the “key to success in all areas of life, even when it comes to having children,” comparing spousal and parental lessons to basic schooling. Several faith-based organizations already offer pre-marital counseling as a prerequisite to the actual ceremony, but the group has met with criticism for bringing government regulation to a rather personal matter.

“It’s another attempt to say who can and can’t be married,” Alyx Reese-Giles told The Denver Post. “So if you are poor and you can’t afford the class, then you can’t get married.”

It’s uncertain whether this proposal has the support to be voted upon come November, but counselors are invariably key members of our team and we encourage you to contact us if you’re interested in pre-marital education while it’s still optional.

Those Facebook and Twitter status boxes can be an ever-so-tempting place to unleash all the pain and anger stemming from a divorce, but consider this before you update: information posted to social media can (and will) be used as legal evidence.

That means that seemingly harmless life details can quickly be taken out of context in court. For example, posting about escaping to Mexico for a few days or splurging on Broncos tickets could weaken your case for needing alimony or for arguing you cannot afford spousal support. The same goes for posting photographs at parties or social events where you are “enjoying the single life;” these images can very easily be misconstrued to assassinate your character and deem you unfit for child custody. Finally, “checking in” to locations literally provides a trail of your latest habits and can even endanger you in violent or aggressive divorces.

While you ought to think twice about what you are posting, you should also use social media to your advantage. Don’t login under your spouse’s account information and snoop that way, but certainly look through photographs, status updates, and new friends to build your own case. It’s amazing how often our own ego betrays us.

Our founder, Doug Thomas, has a saying he often repeats: The “e” in “e-mail” stands for evidence and eternity. In this modern cyber world, nothing disappears””not even those Snapchats that supposedly evaporate after a few minutes. There are always screenshots, printed copies and NSA records, so don’t share something unless you are willing to do so with the whole world. And lest you think your super-secret, nonsensical password is impossible to guess, or you’ve set your privacy to “Ninja,” your social media accounts can still be subpoenaed by a judge. In fact, Facebook was implicated in a third of all divorce filings in 2011.

As one Huffington Post reader put it: “Remember: Some people call them ”˜posts.’ Attorneys call them ”˜exhibit A.’”

Catherine Zeta-Jones and Michael Douglas. Orlando Bloom and Miranda Kerr. Jane Seymour and James Keach. Kris and Bruce Jenner. It seems everyone’s opting for separation instead of divorce these days.

While the tabloids may be screaming “It’s Over,” the reality is these couples are trying to protect their financial assets as they buy some time to determine the best paths for their families. The Jenners, for example, have not yet legally separated, while Bloom and Kerr are reportedly having the least “break-upy break-up” ever and Douglas is filling the airwaves with talk of a reconciliation with Zeta-Jones. Dina Eastwood, on the other hand, revoked her request for a legal separation from husband Clint Eastwood after just two days in favor of a divorce petition instead””perhaps because news of Clint’s affair became public.

What is the benefit of being “legally separated” as opposed to just starting the process of divorce though””especially for those of us whose lives aren’t splashed across the papers?

In Colorado, being “separated” doesn’t just mean living apart and buying your own groceries; it’s an actual legal decree that divides the couple into financially-independent individuals who have stipulated terms for alimony, child custody, debts and property issues. While that sounds almost exactly like a divorce, there are some financial advantages to being separated instead of divorced; those who opt for a legal separation maintain their inheritance rights, contribute to the ten-year entitlement for spousal social security and military benefits, and may sometimes receive insurance or other retirement benefits. Neither spouse can remarry until the decree of legal separation is converted into a decree of marriage dissolution, but this is often a satisfactory solution for couples who may have religious or moral objections to divorce itself.

A “legal separation” is different from “temporary orders” in that the latter is only a provisional arrangement concerning child custody, living arrangements and financial duties. Although temporary orders are formal agreements validated by a court, a legal separation is the final word on these matters and is considered the permanent state of affairs. It’s quite convenient to then convert a decree of legal separation into a dissolution of marriage, as you only need to formally inform the other party of your intent no less than six months after the separation decree was issued in Colorado. As a result, both parties must be very careful about the conditions set forth in the legal separation as these could also be the final divorce terms.

Celebrities have their own reasons for pursuing the legal separation route, but please contact one of our knowledgeable attorneys if you think this might be an ideal solution for your family as well.

In Denver, Domestic Relations matters ”“which include divorce and custody matters ”“ are usually handled by a Judge. But, at times, they can be handled by a Magistrate. These judicial officers can enter orders affecting the issues in a divorce, such as child support, parenting time (custody), and maintenance awards.

The issues a Magistrate can decide in Denver in a divorce are limited.  Magistrates in a divorce typically decide temporary orders issues.  Temporary orders usually involve temporary child support, temporary spousal support (maintenance), temporary parenting plans (custody), temporary use and possession of marital property, temporary payment of bills, and temporary attorney’s fees. Magistrates may also approve written agreements of the parties and make those agreements court orders.

Judges in Denver, however, can hear and decide all matters in a divorce. Most commonly, Judges hear Permanent Orders issues in a divorce. Permanent Orders issues include permanent orders regarding child support, permanent parenting plans (custody), division of property, division of debts, spousal support (maintenance), and grandparent’s rights.   The Judges also decide modification of prior orders regarding child support, parenting time (custody), and spousal support.  

Information regarding Denver Judges and Magistrate can be found by clicking on their name below. Some Judges have been reviewed by the Office of Judicial Performance Evaluation. For those Judges that have been reviewed, you can see their review by clicking on the Judicial Performance Review link.

Judge William W. Hood
Judicial Performance Review of Judge Hood

Judge Shelley Gilman
Judicial Performance Review of Judge Gilman

Judge Ann Mansfield
Judicial Performance Review of Judge Mansfield

Judge Liz Starrs – (No bio or Judicial Review available at this time.)

Divorce cases are held at the Denver City and County Building, which is located at:  1437 Bannock Street, Denver, CO 80202.  – Directions/Map

An experienced divorce attorney can give you additional information about the Judge or Magistrate that might decide your divorce in Denver. If you need help with your divorce or custody matter in Denver, or any other County, contact an attorney at Divorce Matters.

There’s been a lot of buzz about older couples divorcing recently; trend sociologists have labeled as the “gray divorce revolution.” The New York Times points out that “for the first time, more Americans 50 and older are divorced than widowed, and the numbers are growing as baby boomers live longer.” The article also mentions the increasing age of divorcees could contribute to economic strain, poor health, and perhaps a larger need for government and other institutional support””not to mention the emotional toil of starting over in middle age.

Since these couples have often been married longer””as opposed to marrying older””there are several unique challenges to finalizing a divorce after 50:

1. Children: Although the average age of first-time parents is rising, child custody is often not an issue in gray divorces. In the state of Colorado, children can make their own decisions at age 18 and child support terminates at age 19. There may, naturally, be issues concerning paying for college, health insurance, and other parent-child responsibilities, but these will likely be settled during mediation.

2. Retirement: This is perhaps the trickiest element of divorcing later in life. While middle-aged individuals are more aware of retirement and have usually begun planning for those twilight years, there are also several people in this age bracket who have been stay-at-home spouses their entire careers. Colorado is an equitable division state, which doesn’t mean a 50-50 split in assets, but rather an equivalent partition based on the marital situation (i.e.; in lieu of paying alimony, there could be a one-time transfer of property). The most important thing to do in a divorce, therefore, is to evaluate employment-related retirement plans concerning pensions and 401(k) accounts, as the projected amount is what affects the equitable division. The Social Security website has a great Retirement Planner for Divorcees that explains who can receive benefits on an ex-spouse’s record (essentially, you must be single, 62 or older, and the marriage must have lasted 10 years or longer).

3. Property: Typically, an older couple will be more established financially and may have valuable collections, second homes, and other assets to consider. Again, Colorado is an equitable division state, which means splitting things equally might not be the same as splitting them fairly. The length of the marriage, along with the age and economic situation of each spouse, will be factors in determining a fair distribution of marital property.

4. Alimony: In the state of Colorado, a judge will decide whether to award one of the spouses alimony (or maintenance) if necessary. There is no right to alimony in our state, though judges do take into consideration the length of a marriage and may occasionally award lifetime spousal support. Still, a stay-at-home spouse should prepare to join the work force–a daunting and socially-fraught adjustment, especially in this economic climate, we know— as alimony is usually awarded only for a set period of time.

Bearing in mind baby-boomers may be ending a marriage that is 20 or 30 years old, gray divorce can be particularly demanding financially and emotionally””as well as lengthy in process. Please reach out to one of our qualified attorneys if you have questions about divorcing at a later age. Women may also find our free “Women in Transition” events beneficial, as they address several of these concerns and help women plan for the future. Our next event is on Oct.30; details and RSVP can be found here.

 

As the shock of the 2013 Colorado flooding wears off and the focus shifts to re-building, one of the immediate concerns is to replace lost documents in order to receive aid assistance. For low-income, disabled, homeless, or elderly citizens, the Colorado Collaborative ID Project helps secure documentation of identity and citizenship in order to receive public benefits.

For everyone else, here’s a list of where to find those essential papers:

FROM A LOCAL SOCIAL SECURITY OFFICE (Find a Location Here):
Social Security Card
Things to Submit: Proof of Identity; Proof of U.S. citizenship or current work-authorized immigration status (A noncitizen not permitted to work must show a letter from a federal, state or local government agency that explains you need a number and meet all the requirements for a benefit); an Application for a Social Security Card.

To replace a child’s social security card, you must submit proof of the child’s identity and U.S. citizenship or immigration status, as well as documents proving your identity and relationship to the child.
Cost: Free!

Medicare Card
You will need to contact the Colorado state Medicaid office, or visit a local social security office in-person.
Cost: Free!

FROM THE DMV (List of Locations):
Driver’s License or ID Card
Things to Bring: Proof of Identification; Proof of current address.
Cost: $21 for driver’s license; $10.50 for ID card
*You may be eligible for “Exception Processing” if you cannot provide the required identification documents. You may also apply for a new driver’s license if you did not previously hold a Colorado-issued ID.

Colorado Motor Vehicle Title
Things to Bring: Vehicle Identification Number (VIN) and/or Colorado title number; Duplicate Title Request and Receipt; Secure and Verifiable Identification for vehicles purchased on or after July 1, 2006; a power of attorney when applying on behalf of the owner of record.
Cost: $8.20 for duplicate title

FROM THE OFFICE OF THE STATE REGISTRAR OF VITAL STATISTICS:
Vital Records Section
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
HSVRD-VS-A1
Denver, CO 80246-1530

*This information pertains to Colorado vital records only. For obtaining vital records from other states, please see this detailed list of resources.

Birth Certificates (Order Online)
Things to Submit: A photocopy of a document that proves identity, either ONE from this “Primary List” (expired documents will not be accepted), or TWO from this “Secondary List” (documents expired more than six months will not be accepted).
Cost: $17.75 (Make personal check or money order payable to “Vital Records Section)

Death Certificates (Order Online)
Things to Submit: A photocopy of an identifying document that proves relationship or tangible interest, either ONE from this “Primary List” (expired documents will not be accepted), or TWO from this “Secondary List” (documents expired more than six months will not be accepted).
Cost: $20.00 (Make personal check or money order payable to “Vital Records Section)

Marriage, Divorce, and Civil Union Verifications
Verification of a marriage, civil union, or dissolution of a marriage may be ordered online. For all other certificates, contact the county clerk (addresses here) of the county in which the marriage or divorce was decreed.
Cost: $17.00 for verification

FROM THE COLORADO PASSPORT AGENCY (Location information here):
Passports
Things to Submit: Proof of U.S. Citizenship; Proof of Identity; Recent Color Photograph; Application for a U.S. Passport; Statement Regarding a Lost or Stolen Passport.
Cost: $165

FROM THE U.S CITIZENSHIP AND IMMIGRATION SERVICES WEBSITE:
Green Cards
Things to Submit: E-file form I-90.
Cost: $450

To replace other important documents, such as damaged money, savings bonds, or military service records, please visit this comprehensive website.

In Douglas County Colorado, Domestic Relations matters (including divorce) are handled by either a Magistrate or a Judge.  These judicial officers can enter orders affecting the issues in a divorce, such as child support, parenting time and maintenance awards.

The issues a Magistrate can decide in Douglas County in a divorce are limited.  Magistrates in a divorce typically decide temporary orders issues.  Temporary orders usually involve temporary child support, temporary spousal support (maintenance), temporary parenting plans, temporary use and possession of marital property, temporary payment of bills, and temporary attorney’s fees. Magistrates may also approve written agreements of the parties and make those agreements court orders.

Judges in Douglas County, however, can hear and decide all matters in a divorce. Most commonly, judges hear the Permanent Orders issues in a divorce. Permanent Orders issues include permanent orders regarding child support, permanent parenting plans, division of property, division of debts, spousal support (maintenance), and grandparent’s rights.   The Judges also decide modification of prior orders regarding child support, parenting time, and spousal support.  

At this time there is one Magistrate in Douglas County and two Judges assigned to hear Domestic Relation matters.  Information regarding the Magistrate and Judges can be found by clicking on their name below as well as the Judicial Performance link. Magistrates are not reviewed by the Office of Judicial Performance Evaluation. However, Judges are reviewed and you can find information about these Judges, and their reviews, by clicking on their name or the Judicial Performance link.   

Magistrate Rebecca Moss

Judge Michael Spear
Judicial Performance Review of Judge Spear

Judge Angela R. Arkin
Judicial Performance Review of Judge Arkin

Starting July 1, 2013, the Arapahoe County District Court will change its distribution of Family Court cases to judicial officers. All post-Decree and post-Permanent Orders matters will be assigned to the DR magistrates. The DR magistrates will also preside (from beginning to end) over all pre-Decree and pre-Permanent Orders new filings in which both parties are unrepresented at the time the petition is filed.

Petitions filed as non-contested, petitions for invalidity, and Metro Volunteer Lawyer cases will remain assigned to the DR magistrates. All pre-Decree and pre-Permanent Orders matters in which at least one party is represented at the time of filing will be assigned to the DR judges (from beginning to end). The DR judges will continue to preside over petitions for review of magistrate’s orders and over any petition for a minor’s name change.

If you and your spouse no longer wish to live together as husband and wife, it is wise to resolve the rights and responsibilities of marriage. These rights and responsibilities can include, division of assets and debts, parenting time, child support and spousal maintenance to name a few. In Colorado, couples can file for dissolution of marriage, more commonly known as divorce, OR legal separation.

Legal Separation Versus Dissolution of Marriage

A separation is not technically a divorce. However, obtaining a decree of separation requires couples to address exactly the same issues that are addressed in a divorce. Because of this, a decree of legal separation turns both parties into single people, legally speaking. A separation will also allow for both parties to be financially independent, excluding financial responsibilities outlined in the separation decree.

A separation can be a great option if you have a specific reason not to divorce. Most commonly, those getting a legal separation have religious reasons to avoid divorce. Separation can also be a great option if you are having a difficult time with the concept of divorce, but need to be separated from your spouse.

Distinct Characteristics of Separation

As mentioned above, a separation is very similar to divorce, especially when it comes to the issues that need to be addressed. So what makes a separation different?

1. The parties may not remarry while they are legally separated
2. Sometimes (but rarely) a party may remain on the other’s insurance policy (be sure to check with the particular insurance policy to confirm)
3. Couples may live apart, with legally separate financial obligations, without being “divorced”
4. If one party wishes to dissolve the marriage, the agreement or order contained in the legal separation decree is entirely enforceable in the decree of dissolution of marriage
5. Unless otherwise excluded, both parties may retain their inheritance rights from the other spouse.

Converting a Separation to Divorce

Though there are some distinctions between legal separation and dissolution of marriage, either party may seek conversion of the decree of legal separation to a decree of dissolution of marriage after six months have passed from the entry of the decree of legal separation.

Converting a separation into a divorce requires legal notice to the other party, informing them of the intent to convert the separation to a divorce. Granting the conversion to a decree of dissolution of marriage is automatic, and formally restores a spouse’s prior name (if requested) and changes the status of the spouses’ legal relationship.

Contact Divorce Matters for Help!

If you have any questions about separation or why it could be a good option for you, please give us a call at (720) 386-9176 or contact us here!