Category: General

Colorado is home to people of many different religious faiths. We have countless Protestants, Catholics, Jews, Muslims, Hindus, and Buddhists, in addition to people who practice no formal religion. Like other states and the United States as a whole, Colorado does not have an official state religion, so your religion does not dictate your ability to get divorced. Below are answers to some common questions people have about religion and divorce.

Will My Choice of Religion Impact How a Court Treats Me?

It shouldn’t. Men and women stand on equal footing before the court, and a court does not apply any presumptions based on sex, religion, or race. If you have children, then a court will decide custody based on the child’s best interests. Generally, judges are not interested in your religion.

There are a couple of situations where religion might come into play. First, you might be a different religion than your spouse and children. For example, you could be raising your children Jewish while you are a Catholic. A judge might want to know how granting you custody will impact the child’s religious upbringing. One of the factors a judge considers under CRS §14-10-124 is how the child has adjusted to the community, and this can include the religious community. If your child is a teenager, then you will strengthen your argument if you show you are tolerant of his or her religion.

Second, you might cover your face as part of your religion. During a hearing, the judge might ask you to remove your veil so that he or she can see your face during testimony. If this is an issue for you, discuss it with your attorney ahead of time.

Will the Court Apply Religious Law?

No. A court applies Colorado’s divorce law regardless of what religion you and your spouse practice. It also doesn’t matter what faith the religious leader was who married you. For example, a Colorado court will not grant a Sharia divorce to a Muslim couple. Instead, the judge applies Colorado law.

Can I Choose What Religion My Child Practices?

This is a very complicated question. As part of a divorce, a court will determine parenting responsibilities and parenting time. Parents can share parenting responsibilities, such as determining a child’s religious upbringing. If you and your ex share this responsibility, then you need to come to an agreement on religious upbringing. In some cases, judges allocate final decision-making authority to one parent, who will ultimately get the say on religious upbringing. If authority is truly split equally, then a judge will probably need to decide the issue when parents cannot agree.

What happens if you are the only parent who was given parental responsibilities? Although rare, this does happen. For example, the other parent could have been absent or abusive. If you alone have parental responsibilities, then you can decide your child’s religious upbringing.

Questions about Religion and Divorce? Contact Divorce Matters

We are a team of divorce lawyers in Colorado which has represented many men and women involved in dissolution of marriage proceedings. If you have any questions, please contact us today.

Historically, a woman took her husband’s last name upon marriage. Over the past decade or so, some men have begun taking their wife’s last name, or the couple got combined names. The same is true of same-sex couples that have gotten legally married.

But, what happens if you want to change your last name after divorce? Fortunately, Colorado law does allow you to change your name. Read on for more information about the process and requirements of changing your last name after a divorce in Colorado

What is the Process for Changing My Last Name?

You can request a change in last name as part of the divorce proceeding. Make the request on your divorce petition. The judge will then include the change in the divorce decree.

If you don’t make the request as part of the divorce, then the process for changing your name is more complicated. You will need to complete and file a Petition for Change of Name and undergo a criminal background check. You might also need to publish your intention to change your name at least 3 times in at least 21 days in a newspaper, unless you qualify for an exception.

What Documents Do I Need to Update?

After the name change goes through, you should update the following:

• Social Security card
• Driver’s license
• Passport
• Bank accounts
• Any employer’s records

You should get multiple copies of the decree granting your name change from the court clerk.

Can I Force My Spouse to Remove My Last Name?

No. You cannot decide what last name your spouse uses after divorce. That is for your ex to decide. However, you could include it in the divorce negotiations. For example, you might be willing to give up some marital property in exchange for your spouse changing her last name.

Can I Change My Children’s Last Name?

This will depend on the circumstances. If both parents agree to the change, then you should be able to include the request as part of the divorce. However, problems arise when one parent objects to the name change. In that situation, a judge will need to decide whether the name change is in the child’s best interests.

You can look at the list of “best interest of the child factors” found at CRS §14-10-124. Most of them won’t seem relevant to deciding what last name your children use. Typically, a judge will look at your reason. If the child’s father has been absent, then a judge might consider changing the last name. The same is true if the child’s father has been abusive.

If the judge grants a change, you need to update relevant records, including:

• School records
• Medical records
• Social Security information
• Any financial records in your child’s name

Speak to a Divorce Lawyer

Name changes can be vigorously contested in divorce proceedings, and you need an attorney who understands how a judge will analyze these cases. Contact Divorce Matters today. One of our lawyers will be happy to meet with you to discuss your options.

For various reasons, couples sometimes don’t obtain a marriage license. Perhaps they don’t want to involve the state in their relationship, or they choose to have a religious marriage but not a civil one.

Regardless of the reasons for never getting a license, these couples can end their relationships just like married people. And when they do split, one or both partners begin to wonder if they have the same rights and protections as those who actually went through with the legal formalities.

The answer is “maybe.” Colorado is one of a handful of states that recognizes common law marriage, which will effectively make the couple married.

The Requirements for Common Law Marriage

Common law marriage hails from the days when people on frontier country wanted to get married but there often wasn’t a justice of the peace anywhere around. Instead of going to find one, a couple could just move in together and start calling themselves husband and wife.

Colorado still recognizes common law marriages, though there are plenty of justices of the peace around. To qualify, your relationship must meet the following requirements:

• Both spouses must be 18 or older
• Both must have consented to marriage
• The couple must live together as a married couple
• The couple must hold itself out to the public as married

As you can see, there is no requirement that a couple live together for a certain amount of time. Also, living together for decades does not create a common law marriage.

One key element is whether the couple held themselves out as married. This can include identifying each other as husband and wife, owning property jointly, using the same last name, listing each other on their retirement or life insurance plans, and even filing joint income tax returns. However, if one person says, “We’re getting married eventually,” then they are not married.

Rights During a Divorce

Common law marriage might exist, but common law divorce does not. Instead, a couple will need a judge to grant a divorce decree.

The divorce will proceed just as the divorce of a couple who obtained a marriage certificate would. However, at the outset, the judge will need to first determine if a common law marriage existed. If not, the couple does not need to be divorced.

If a judge finds the couple married, they must divide their marital property, which is generally the property they obtained while married, along with marital debts.

If the couple has children, the judge will need to assign the rights and responsibilities by approving a parenting plan. A judge will also award child support.

A spouse might also have a right to alimony, which is spousal support.

Contact Divorce Matters Today if You Have Questions About Divorce without Marriage License in Colorado

If your relationship is ending, you need to fully understand your rights. Splitting up is difficult financially for many people, especially women. Even if you never got a marriage license, you may still be entitled to spousal maintenance and child support. Call us today to discuss your specific situation.

U.S. immigration law is needlessly complex, and many people are afraid they will somehow jeopardize their immigration status when they get divorced. At Divorce Matters, we encourage men and women to thoroughly consider how a divorce will affect them, and this should include whether it will affect a person’s citizenship status.

The answer depends on where you are in the process of obtaining citizenship. Read on for more information.

You Divorce but are a Naturalized Citizen

If you have gone through the naturalization process and receive your certificate, then it doesn’t matter that you are divorced. You are a citizen. Citizenship is revoked only in very rare circumstances, such as committing fraud to obtain citizenship.

You Divorce During Your Two-Year Conditional Residency

United States Customs and Immigration Services (USCIS) doesn’t immediately give people a green card if they have recently been married. Instead, you will be given conditional residency, which is like probation. If you divorce during this two-year period, then you will need to carefully analyze the situation.

In the 90 days before the two-year anniversary of conditional status, a foreign spouse must file Form I-751 Petition to Remove Conditions of Residence. This will make you a permanent resident. If you have not yet divorced but only separated, it might be possible to get your U.S. spouse to agree to execute this document with you.

However, if you have divorced, you can request a waiver of the joint petitioning requirement. According to USCIS, you might qualify if you entered into the marriage in good faith but have had your marriage annulled or divorced.

You Divorce after Your Two-Year Conditional Residency

You might not be a conditional resident, either because you were married for several years when you came to the U.S. or because your 2-year conditional residency has ended. In this situation, divorcing a U.S. spouse can lengthen the amount of time it takes to become a citizen. For example, you will not be eligible to apply to become a citizen until 5 years have passed. Had you stayed married to a U.S. citizen, you could have become a naturalized citizen after 3 years, but that option disappears if you divorce.

You Divorce While Your Spouse is Petitioning for Permanent Residence

You might be waiting for USCIS to act on the I-130 petition your spouse has filed. If you divorce and USCIS learns of it, then your petition is revoked. If you pretend to still be married in hopes of receiving a green card, you could be subject to prosecution, and USCIS can move to revoke any green card you were issued.

However, applicants might have other options if they want to stay in the U.S. You should meet with an immigration attorney to discuss.

You Divorce while in the U.S. on Temporary Status

Here, a divorce will automatically revoke any non-immigrant marriage-based visa. If you hope to stay in the U.S., you will need to apply for a different visa status before your divorce goes through.

Speak with a Denver Divorce Lawyer About Divorce and Citizenship

Immigration authorities continue to closely analyze whether a marriage was a sham, so getting divorced can have major consequences. Contact our office today to schedule a consultation about your individual situation.

Getting a divorce can be an emotionally traumatic event, and one that has huge implications for your life–socially, mentally, and financially–moving forward. If you’re thinking about filing for a divorce in Colorado, it’s best to be as prepared for the process as possible by the time you file your divorce papers. At the offices of Divorce Matters, our Colorado divorce lawyers can help you to prepare for your separation. In the meantime, here’s a list of some of the things that a person should do before actually filing for a divorce in our state–

Create a List of Assets and Collect FInancial Information

One of the most important things that you need to do when thinking about a divorce is to gather all of your financial documents, including statements about bank accounts, investments, wages and earnings, taxes, and the like. You should also make a list of all assets that you own, including both separate and marital assets. Now is also a good time to review all wills and beneficiary information. Note that you will need to submit a sworn financial statement when filing for a divorce.

Acquire Job Training or/and Education

If you are currently dependent upon your spouse for income and support, it may be appropriate to start thinking about finding your own job to support yourself post-divorce. This may require obtaining additional job training or education now, which you should do while you still have support in place.

Put a Plan in Place

Getting a divorce doesn’t just mean separating from your spouse; it means supporting yourself financially, finding a new home for you and perhaps for your children; and learning how to cope solo. It’s best to start putting a plan in place now in terms of your budget, where you will live, who will watch the kids when you’re at work, etc. If you don’t plan to live in the marital home during the divorce process, now’s the time to get alternate housing plans in place, too.

Think About Your Children

If you have children and are planning on seeking custody of the children during your divorce, it’s important to start building a case in your favor as soon as possible. It is not recommended that you move out and leave the children, as a court may question why you did this if you want custody of your children. Further, make sure you have established relationships with your children’s teachers, friends’ parents, etc. in place – the last thing that you want is a witness telling the court that they’ve never met you, or normally only interact with your spouse.

Consult with a Lawyer to Understand What to Do Before a Divorce in Colorado

If you’re set on filing for a divorce, meeting with an attorney as early as possible is recommended, and can be helpful in preparing for the divorce process and navigating it once papers have been filed. Our experienced Colorado divorce attorneys can sit down with you to discuss your situation today – please call us, send us a message, or fill our our contact form to get started.

Adultery happens. In fact, marital experts estimate that around 20% of husbands and 13% of wives have been unfaithful at some point in their marriage.

Fortunately, most marriages don’t end because of adultery. Instead, adultery often occurs after other problems have eaten away at the foundation of trust and affection that once underpinned a healthy marriage. Many couples can survive adultery””if they believe the marriage is worth saving.

If you are divorcing, you might wonder what effect your spouse’s cheating will have. Actually, infidelity plays very little role in Colorado divorces.

Adultery is Not a Ground for Divorce in Colorado

Colorado is a no-fault divorce state. This means that a judge will grant a divorce if one spouse can show the marriage has “irretrievably broken down.” The reason for the breakdown is really irrelevant, so it doesn’t matter if your spouse has been cheating. Usually, a desire by one spouse to divorce is enough to show that a marriage cannot be salvaged.

Adultery Rarely Matters for Alimony or Property Division

Judges usually award alimony for a limited amount of time or for a limited purpose, such as getting an education. In rarer cases, a judge can award alimony for long-term, such as after a very long marriage.

Many people want a judge to “punish” their spouse for cheating and hope to get alimony by flagging the adultery for the judge’s attention. But the laws in Colorado aren’t really set up that way. And the purpose of alimony isn’t to punish, in any event.

Infidelity might matter in one narrow situation: your spouse has wasted marital assets on a paramour. In this case, a judge might consider not so much the adultery but the economic effects of this relationship when deciding alimony or the division of marital property.

Infidelity Rarely Impacts Child Custody

Certainly, we can’t say that infidelity “never” matters in child custody disputes. But it is likewise wrong to say that if you have been unfaithful, you’ll lose custody. Judges typically only pay attention if an adulterous relationship somehow poses a threat of harm to the children. For example, a new boyfriend might have a criminal record as long as his leg and currently be living with you, in which case a judge might feel less inclined to award you custody.

Contact Divorce Matters

Adultery may be morally wrong, but it is of little legal significance in a Colorado divorce. To discuss your case, and whether you can get the divorce you want, please contact a Denver division of marital property & assets lawyer today.