CO Supreme Court Recognizes Same-Gendered Common Law Marriage

On Monday, January 5th 2021 the Colorado Supreme Court ruled that same-gendered couples that were in common-law marriages before the 2015 Obergefell v. Hodges legalization of same-sex marriage are now seen as valid in the eyes of Colorado State law.

 

Common-Law Marriages in Colorado

 

Colorado is unique in that it is one of eight states that recognize common-law marriage in the United States. A common-law marriage is a partnership between two people where they are not legally bound by a marriage license, but they hold themselves out as married. A couple may hold themselves out as married if they have combined bank accounts or assets, are recognized by family and close friends as married, live together, file taxes jointly, have children together, share insurance, etc.

 

Same-Sex Common Law Marriages Before 2015 Now Recognized

 

This recognition of same-sex common-law marriages that began prior to the 2015 Supreme Court decision is an exciting ruling, as it applies the law fairly for all couples who have ever been in a common-law marriage in Colorado, regardless of their sexual orientation.

 

This means if you and your spouse are in a same-sex relationship and held yourself out as married without a license before the 2015 Supreme Court ruling, you may be considered common-law married if you meet the criteria for common-law marriage. It also means you can now go through the divorce process if you are separating so you can fairly resolve the dissolution of your marriage through legal means.

 

If you and your partner are separating and have been in a same-sex common law marriage since before 2015, contact one of our Divorce Matters attorneys today to help. We can help answer your questions about this groundbreaking ruling and how it may affect your case.

 

You can learn more about common-law marriage here.

This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

How Do I Pick the Right Attorney For Me?

One of the first questions you might ask yourself when you are searching for an attorney is “how do I know which attorney I’ll work the best with?” or “who will align with me and get me the best results in my case?” This is a very important question to consider because if you and your attorney don’t align then you might not be satisfied with their service or your end result. We never want that to be the case. Here are a few criteria to consider when deciding what attorney to hire to make sure that you and your attorney will be the best fit together.

 

Personality –

One of the most important factors to consider when deciding on hiring an attorney is how their personality would work with yours. When you are going through a divorce, you will end up sharing some of the most important and private details of your life with your attorney. Finding someone who complements you and can be a good partner is a key component to a successful attorney-client relationship.

Situation –

Another very important factor to consider when finding the right attorney is your specific situation. Every attorney has their strengths and areas of family law they practice more than others. If your case is very complex, you might look for an attorney who has more experience handling complex cases. On the other hand, if your situation is a very emotional one, it might be best to find a more empathetic attorney that you feel you can talk to and connect with for support. Another example would be if there is a lot of contention between you and your ex; in this case, you might be looking for a more aggressive attorney that will fight for you in times that get tense. Every situation is different, therefore it is key to find an attorney that will represent you in the way you need to be represented to achieve the most successful result in the end.

Cost –

Lastly, one thing to always keep in mind is how much you can afford when hiring an attorney. Of course, this always depends on each individual case and what you need the attorney to help you with. One of the most important factors that can affect the cost of your case is how contentious the separation is. If you and your ex can agree on most things through mediation, this will keep costs down compared to a case that goes to court. Another factor is what services you need legal help with. In some cases, you may only need unbundled legal services, but other cases will require full representation.

 

Finding an attorney with the right mix of personality, experience, and cost to help you with your divorce case is an important step in the divorce process. At Divorce Matters, we understand the importance of this decision. We match our clients with our attorneys based on all of these considerations, to ensure we deliver the best possible legal representation to every client.

If you’d like to get to know more about our attorneys visit their profiles here.

What is a “No Fault” Divorce?

Colorado is a “no fault” divorce state. What does that mean?

In the past, obtaining a divorce was more difficult than it is today. You had to show grounds for why a divorce should be granted and the marriage contract dissolved. These grounds, or justification for the divorce, included abandonment, abuse, and neglect.

Then Colorado became a “no fault” divorce state. This means you no longer need a reason for a divorce ”“ a couple may get divorced for any reason at virtually any time. For legal purposes, it is enough that at least one spouse considers the marriage “irretrievably broken,” meaning there is no chance of reconciliation.

Like the name suggests, in a “no fault” divorce, a divorce court will not assign fault or blame to either party. The divorce does not need to be justified to the court and neither party’s behavior can be used against them as the “at fault” party.

How Does This Affect My Divorce?

Because no one is legally “at fault,” a court won’t consider either party’s behavior or fault in the division of assets and other financial matters, such as alimony. In fact, a judge generally won’t even allow a party to present evidence of the other’s behavior, because it simply isn’t relevant. The parties aren’t trying to convince the judge to grant them a divorce; rather, the judge is dealing with issues such as the dissolution of property, splitting financial assets, and determining parenting time. In other words, from a legal perspective, the judge is concerned with the effect of a divorce, not the cause.

Is There Any Time That One Party’s Behavior May Be Considered In Divorce Proceedings?

There are exceptions where evidence of a party’s behavior may be relevant to the divorce proceedings. One exception is where a party’s behavior directly impacts the couple’s children. In that case, a divorce court may take the behavior into account in determining parenting time in order to protect the children.

Another situation where behavior may be relevant to the divorce proceedings is in the case of economic fault. Economic fault is where one party wastes assets or incurs debt in anticipation of the couple’s divorce, thereby reducing the value of the joint marital estate. This exception is quite rare and must be carefully presented to the court.

Generally, a “no fault” divorce results in quicker, more streamlined divorce proceedings than the old “at fault” model. It is considered more equitable and fairer to the parties.

If you have questions about your no fault divorce, call us at 720-542-6142 or contact us here to schedule a comprehensive consultation with one of our experienced attorneys.

Signs Your Spouse is Looking for a Divorce

For many people, divorce strikes like a bolt out of the blue. One day, you are muddling along in the marriage, trying your best, but the next your spouse sits you down to tell you it is all over. No questions asked.

Should you have seen the writing on the wall? Many people point to common signs like fighting, infidelity, and emotional distance. But many couples can recover from those problems with a little work or couple’s therapy. Instead, the following are signs that divorce is imminent””and that your spouse does not want to try and save the marriage.

Your Spouse Makes Unexplained Withdrawals of Money

A husband or wife looking for a fresh start often tries to set themselves up financially by making large withdrawals from joint bank accounts. We are not talking about $10 or $20 taken from a checking account but large withdrawals of hundreds and thousands of dollars. When asked what the money is for, they have a vague story about family members needing a loan or a friend who had a medical emergency.

A spouse looking for divorce also might stop direct deposit to a shared bank account. This is also a sign that they are trying to set themselves up financially for an exit from the marriage.

Your Spouse is Spending More Time with the Children

In a custody fight, one factor a judge will look at is the extent of each parent’s relationship with their children. If your spouse has spent a lot of time away from home, then they will have a weaker case for custody.

For these reasons, a parent who is suddenly involved in their children’s lives could be thinking ahead about divorce. Watch for signs the parent is trying to document their relationship, such as signing homework or having their picture taken with the children. They could be collecting evidence to use in a custody fight.

Your Spouse Has Met with a Divorce Lawyer

Couples today are much savvier than their parents were about the legal implications of divorce. They will strive to protect themselves, and seeking out a lawyer’s advice is a logical step.

If your spouse has met with a divorce attorney, then you can expect that divorce is on the horizon. Protect yourself by meeting with a lawyer of your own. At Divorce Matters, our Aurora divorce lawyers have helped many men and women get the divorce that they want. Contact us today to schedule a comprehensive consultation.

What Kind of Divorce is Right for You?

No two divorces are the same. The legal assistance and procedures you choose will depend on your relationship with your spouse, pertinent child custody matters, marital assets, and personal resources. There are several paths you can take to obtain a divorce. Find out more about the different divorce forms to learn which option is best for you.

Uncontested Divorce

An uncontested divorce is for couples that have no issues to resolve before the divorce can be granted. If the spouses agree on every aspect of the divorce, they may choose to file jointly. Uncontested divorces can be obtained without legal counsel if desired. This option works best for spouses with no children and limited resources that are seeking a “quickie divorce.” While uncontested divorce is typically the least expensive form of divorce, it can also be a risky choice. One spouse may be unduly influenced by the other to accept the “raw end of the deal.” Spouses that fail to address every issue in their divorce agreement may end up going back to court at a later date.

Collaborative Divorce

Collaborative divorce is the process of resolving divorce matters as a team. Each spouse hires a separate attorney, but all parties work together to find a solution to property distribution and child custody issues. This process works well for divorces with few contentious issues involving amicable, cooperative spouses. However, if the parties cannot reach an agreement, they may have to retain new counsel and start from scratch.

Mediated Divorce

Mediation can be a very effective approach to reach a mutually agreeable divorce settlement. The spouses, with or without separate counsel, sit down with a neutral third party to resolve their financial and parenting issues. This form of divorce works well for many couples, as long as both spouses are willing to cooperate and compromise.

Divorce Settlement

The most common form of divorce is the out-of-court settlement. Each spouse is represented by his or her own attorney who oversees the negotiation process. When the parties reach a divorce agreement, they submit their proposal to the court for approval.

Contested Divorce

When negotiation and dispute resolution attempts fail, a contested divorce may be necessary. In a contested divorce, the spouses present their arguments in front of a judge or jury, who decides the issues for them. This is the most complicated, time-consuming, and expensive form of divorce. It is only recommended for those with complex asset division or child custody issues, or those dealing with a hostile spouse.

Arbitration

A less commonly used option is divorce arbitration. The process is often faster and less formal than a full trial, but the issues are still heard and decided by a neutral third party. The arbitrator’s decisions are legally binding, so it is only a good option for those who wish to preserve time, money, and privacy, but have been unable to reach a divorce settlement.

Need Legal Assistance? Call a Colorado Divorce Attorney

Divorce Matters is a Denver-based law firm that focuses on divorce and family law issues. Contact us today to schedule a consultation and let us assist you throughout each step of your case.

How Can A Trust Protect My Adult Child’s Inheritance During Divorce?

On Monday we talked about the importance of discussing prenups with your adult children as they prepare for a wedding, especially for high-asset families. Prenups are not always the most comfortable thing to bring up with a fiancée, but they are very important tools for protecting one’s property in case of divorce. But parents with high-assets who wish to ensure that their estates transfers to the desired party (in this case, an adult child) without any hang-ups related to divorce or the lack of a prenup can rely on another tool to preserve their estates: creating a trust.

Benefits Of A Trust To Protect Inheritance In Divorce

A trust gives you much more control over your adult child’s inheritance. You decide the terms of the trust and can order the trustee to only pay out to your son or daughter in certain circumstances. Here are just a few terms you can throw into a trust to ensure that the assets go where you desire:

  • You can name a trustee other than your adult child. This makes it so that a future ex-spouse of your adult child has no claim whatsoever over the assets. You can then declare that the trustee only distribute funds to the beneficiary in a separate account that is strictly used for their inheritance and to monitor all transactions the account is used for; this helps prevent commingling of assets in joint accounts held by your adult child and their spouse (commingling can give the spouse a claim, as joint assets are generally considered marital property)
  • You can tell the trustee that assets are for specific uses in the future, such as your grandchildren’s educations or other expenses.
  • You can tell the trustee that assets are not to be distributed to your adult child without the existence of a comprehensive prenuptial agreement or postnuptial agreement that ensures that assets remain with your adult child and not their spouse.
  • You can even declare that certain assets are not to be distributed contingent upon expectations that you set forth.

If you do decide to create a trust, you must make sure that the terms of the trust leave no room for loopholes or leeway. An estate attorney can help you do just that.

Did You Change Your Insurance Policies After Divorce? Are You Sure You Didn’t Forget Anything?

If you are in the process of getting a divorce, one consideration you might not think of immediately is how it will affect your insurance policies. In many cases, you will need to have your name taken off of an insurance policy when the divorce is finalized ”“ here’s a primer on some types of insurance you’ll need to change.

Filing for divorce starts an automatic, temporary injunction regarding financial matters and insurance. This means that neither spouse can modify an insurance policy, remove the spouse from the policy or stop paying premiums. However, after the divorce, spouses will likely need to have separate insurance policies, so plan ahead for these changes.

Health Insurance

If you are a dependent on your soon-to-be-ex spouse’s health insurance, you will no longer be able to be on it once the divorce is final. So, you should prepare ”“ you can buy health insurance from the health insurance marketplace, or seek it through your place of employment if it is offered. Don’t let a divorce lead to a lapse in your health insurance history, or you may regret it come tax time next year.

Car Insurance

Are both of you named on an auto insurance policy? That’s no bueno. One of the problems here is that you are both going to have to speak to your insurance provider because they are not allowed to remove one person from a joint insurance policy without the consent of the other. Taking care of this prior to divorce will make it so that you and your ex can have a clean ”“ or at least, cleaner ”“ break than having to take care of it after a potentially contentious divorce proceeding.

Home Insurance

If you’re not living in the marital home, then you probably don’t want to be on the insurance. Whoever leaves the home should remove his or herself from the insurance policy. If you are the one leaving and you’re planning on finding a small apartment to live in until you get back on your feet, look into renter’s insurance. There are a lot of people in apartment complexes, and you want to ensure your belongings are protected from those little things like theft or fire. Basic renters insurance can be very reasonably priced.

Speaking to a Denver divorce attorney about your case is the first step in ensuring that your finances are in order after your separation.

Don’t Follow These Terrible Divorce Tips

We dedicate a lot of our blog posts to divorce tips ”“ ways to plan for your finances, the benefits of prenups, things like that. This week, we’d like to take the opposite angle. These tips are terrible. You will regret it if you listen to the tips in this post. Seriously, don’t do it.

Really Though…These Are Bad Tips & We’ll Explain Why

  1. Your spouse is taking his or her sweet time getting out of the house. It’s making you crazy and the kids are not benefiting from it, either. Simple! Are you going to be home when your spouse goes to work? Change the locks when he or she leaves! Why you should not change the locks: Until a divorce decree is finalized and property is divided, your spouse still has a right to the marital home. You need court permission to have your spouse removed from the home. You don’t want the courts thinking you are unreasonable ”“ it will only hurt you in the end. And your spouse will probably be pretty angry too, so that definitely won’t help the divorce.
  2. Stay together for the sake of the children. You and your spouse can handle a little animosity as long as the kids get to stay at home and keep their school and friends. Why you should not stick it out until the kids leave the nest: While it is true that for some couples, staying together for the sake of the children can work out, it sets a bad example for the children. It teaches them to be okay with toxic relationships. It exposes them to future fighting which can be detrimental to their self-esteem. If you can make it work, then we can’t tell you not to do it. But often, separating is smarter.
  3. Your spouse will go after your money, so you should find a place to stash some of it to make sure you are financially stable after divorce. Why hiding marital assets is bad: We’ve only talked about it time and time again. Hiding assets is fraud. Most of the time, the truth will come out. When it comes out, it looks bad on you. Very bad. Just be up front, and plan ahead.
  4. When your spouse files for divorce, act quick ”“ get in those joint bank accounts and take the money before he or she can. Why emptying accounts is terrible: Same reason as hiding assets. It’s not yours ”“ it belongs to your spouse too. Even if you suspect your spouse is planning to do the same thing to you, don’t do it. If your spouse does, you can use that against him or her in court.

There’s plenty more where this came from, but that’ll do for this week.

These 5 Life Events Can Lead To Divorce If You Are Unprepared

You might be surprised how these five basic life events can easily go awry, and when they do, you may find a divorce on the horizon.

  1. A new baby. How can it be, though? Aren’t babies supposed to bring a family together, not tear it apart? Yes, they are. Childbirth is one of the most beautiful moments of a parent’s life. But beyond the joy of bringing new life into the world, there are other considerations to make. Financial, emotional and physical responsibilities introduced by a new baby can lead to stress and impatience, especially in the event of an unplanned pregnancy. You and your spouse may have different expectations of how to raise the child. You may find that the person you fell in love with is not the same person after the birth of a child.
  2. Unemployment. If your spouse loses his or her job, that shifts the burden of finances onto you. All of the bills ”“ rent, mortgage, car payment, car insurance, health insurance, Internet, cable ”“ we’re getting stressed just listing them. And then if your spouse has trouble finding a new job, you might start thinking that it’s something they’re doing wrong ”“ maybe they’re just lazy, for example. Unemployment can rapidly create a divide between spouses that can end in divorce.
  3. Moving. Perhaps you just got a new job that pays incredibly well, but to take it, you and your spouse have to move somewhere else. Let’s say New York City. Suddenly, your spouse has to make the decision to uproot his or her entire life to come with you. Changing schools for the kids. Finding a new job in a highly competitive market with a higher cost of living. Losing friends. It’s a lot to take in, and it can be hard to see the greater good beyond the immediate losses.
  4. Meeting Family. Maybe your spouse’s parents are too involved in his or her life, and you do not get along with the in-laws. This can lead to the uncomfortable moment where someone is forced to take a side ”“ leading to an immediate rift that can cause feelings of broken trust and even contempt (the leading predictor of divorce).
  5. This one might come as a surprise ”“ Social Media. Those pages upon pages of your spouse’s history, that flowing list of friends that may or may not include old flames. Maybe your wife’s ex-boyfriend comments on a picture of her enjoying a beach vacation, or maybe your husband’s ex-girlfriend shares an old memory of them on a mutual friend’s page. Did you feel a little fire flare up in your chest just now? It’s easy to see how suspicion and friction can come into a relationship through social media posts.