How Do I Get My Name Off The House Deed During My Divorce?

Does Colorado Recognize Common Law Marriage?

Unless you’re planning a birdnesting-type situation to raise the kids after divorce, most people don’t want to live in the same home as their ex-spouse. If both of your names are on the house deed, one of you will need to take your name off the deed.

One way to do this is by having whichever ex-spouse is remaining in the home refinance the property, a common option for divorcees. However, this depends on that party’s ability to refinance. You could get a court order to have your ex refinance the home, but without the means to actually do so, it is difficult to force a hand.

If your ex does, on the other hand, have the ability to refinance but has not done so, you may be able to get a judge’s order to spur the action. This could lead to legal fees, especially if your original divorce judge no longer has jurisdiction over your case (if you have waited several years to pull your name from the deed, for example).

What Happens If I Don’t Remove My Name from the Deed?

As long as your name remains on the deed, you are considered a legal owner of that home. This means that if your ex-spouse still living in the house fails to make mortgage payments, your credit can suffer. If your ex does not have liability insurance and someone is hurt at that home, you can still be sued for damages for that person’s injuries. It’s always best to settle these types of issues while negotiating a divorce settlement, not after.

Denver family law attorneys dedicated to helping divorce clients through this intensely difficult and emotional time in their lives.

How Do I Hold My Ex-Spouse In Contempt Of Court?

So, how does the contempt of court process work? It can take some time for the process to complete, typically between two to four months, and sometimes more. First, your attorney files the motion explaining the type and circumstances of contempt. This must be done in the same court and county where your divorce was filed. The motion must be signed and notarized. The courts will look it over, sign it and return it to you and your attorney.

After that, the court will set a hearing date, and the contempt order must be served to the opposing party. The opposing party must receive the papers at least 20 days before the scheduled contempt hearing.

At the hearing, the opposing party will be required to enter a plea, guilty or not guilty.

You will then have your opportunity to provide evidence to the court in support of your claim. You must prove:

  1. You had a court order in place
  2. The other party is aware of the court order
  3. The other party has violated the court order intentionally
  4. The other party has been given notice of the violation as well as the court hearing

Once you have made your case, the other party has the opportunity to present a defense. Some common defenses include that the party did not intend to violate the court order, or that the party was simply unable to comply with the court order. The defense will have to present evidence that this is true.

Once the hearing is over, the judge will issue an order intended to make the offending party comply with the original order. The offending party may also be required to pay you forfeiture fees for every day that they are in contempt (up to $2,000 per day).

If your ex-spouse has violated the terms of your divorce settlement, our Denver divorce attorneys can help you decide if a contempt of court motion is the right thing for you.

Cuba Gooding, Jr. Files For Divorce After 20 Years Of Marriage

The latest celebrity marriage casualty of 2017: Cuba Gooding, Jr. and Sara Kapfer, former high school sweethearts who separated in 2014, 20 years after their marriage. Gooding finally responded to Kapfer’s 2014 separation documents with a formal divorce petition in mid-January.

The two have three children, of which one is still a minor. Gooding has requested joint legal and physical custody of the couple’s 10-year-old daughter. Gooding has expressed a willingness to pay spousal support to Kapfer, but wants his earnings since the 2014 separation to remain his own. This would include the earnings he received for his role as O.J. Simpson in the acclaimed FX miniseries The People v. O.J. Simpson: American Crime Story.

How Is Spousal Support Calculated In Colorado?

In Colorado, spouses have the opportunity to request spousal maintenance (also called spousal support or alimony) in divorce. Maintenance can only be awarded to a spouse if the court finds that the spouse lacks sufficient property to meet reasonable needs AND is either unable to support his or herself financially through appropriate employment (or, alternatively, that the spouse has childcare needs that make it impossible to seek employment.

Once this has been determined, the amount and duration of maintenance will be decided. This is based on a few factors:

  • How long the couple was married
  • The age, physical and mental health of both parties
  • The couple’s standard of living during marriage
  • Each party’s separate earning capacity
  • How the couple’s marital assets were divided

Are you getting divorced and thinking about asking for spousal support? Our firm has released a free app on both the Android and iOS stores that can help you figure out how much you could receive as maintenance, which you can download here.

The 3 Big Concerns In Most Divorce Cases

January often sees a spike in divorce filings for a variety of reasons. The holidays are over, a new year is beginning and people often take time to reevaluate their lives and priorities. Sometimes, this results in divorce. If you are one of these people, you probably have a lot of uncertainty about the future. You’re wondering what might go wrong during the divorce and how that will affect your life. While every case is different, the three biggest issues in most divorces are:

  1.  What do we do with all our stuff? If you’ve been married for any length of time, you probably have a lot of shared property and joint bank accounts. Who gets to keep what? Where does the debt go? In Colorado, property is divided equitably ”“ not necessarily equally ”“ in divorce. This means that property gained during marriage will be split in a manner that a judge finds to be most appropriate for a couple’s circumstances. It’s a give and take ”“ one person might get more money in the divorce settlement, but the other keeps the house. Your divorce attorney can help you come up with an agreeable property split for you and your soon-to-be ex.
  2. How am I going to stay afloat financially after the divorce? This is an especially frustrating question for spouses who stay at home to take care of the kids or who make substantially less money than their spouse. There are ways to help those who would struggle financially after a divorce, such as spousal maintenance (you’ve probably heard it called alimony) and child support. It is up to the courts to award spousal maintenance and will be done based on the needs of the spouse requesting maintenance and the ability to pay for the paying spouse.  Child support will be established pursuant to a worksheet that takes into consideration things such as each party’s gross monthly income, the number of children and the number of overnights each party has with the children.
  3. How do we figure out what to do with the kids? This is one of the biggest decisions that needs to be made in a divorce. No parent wants to be away from their children, but divorce makes it necessary sometimes. The courts decide custody disputes based on the best interests of the child, so it is best to work in an amicable fashion with your ex to come up with an arrangement that is suitable for all parties involved. If this is impossible, your attorney can be invaluable in helping you come up with a solid parenting plan.

We know divorce is hard ”“ we’ve been there and we see it every day. Our Denver divorce law firm is ready to offer you our support during this trying time.

Will I Need Post-Divorce Mediation?

Mediation is a tool that divorcing couples can use to come to an amicable separation. And as much as many people would like to never see their spouse again after divorce, it is often necessary. In fact, it’s not too uncommon for couples to have to seek mediation post-divorce. This is especially true for couples who have children.

  1. Child support modification. In Colorado, a substantial change in the circumstances surrounding child support can lead to a need to modify the child support agreement. This could happen, for example, if one parent’s income becomes substantially higher, or if one parent loses his or her job. If the two parents are having trouble renegotiating a child support arrangement, mediation can be useful in determining a fair reassessment.
  2. Child custody modification. Changes in circumstances can also result in the need to modify a child custody agreement. The courts always attempt to create a child custody situation that fits the best interests of the child. If your lives have changed and the children are suffering for it, and you and your ex can’t come to an agreement, you might consider mediation for a custody modification. It’s cheaper than taking it to court and generally much less contentious.
  3. Spousal support modification. Unless there is a specific provision in your divorce decree stating otherwise, spousal support (also known by its old-timey name, alimony) can be modified if there is a substantial and continuing change in the circumstances of your lives that renders the original amount unfair. As in the above cases, mediation provides a less expensive alternative to litigation for you and your ex-spouse.

Denver family law attorneys who understand the impacts of divorce on the whole family and are ready to assist you.

Plumfund: The Crowdfunding Platform For Divorce

There’s a crowdfunding site for everything nowadays. Kickstarter, for pretty much anything; GoFundMe for personal funding; PledgeMusic for up-and-coming bands; the ill-fated SwanLuv, which once promised to pay for your wedding on the condition that you would have to pay it back upon divorce. And now, divorce has a new crowdfunding platform, albeit more traditional than SwanLuv’s lofty intentions. Meet Plumfund.

Plumfund seeks to provide a valuable service for divorcees, who are often hit with exorbitant fees and financial turmoil upon divorce. Things like attorney fees, setting up a new home and even unexpected costs like the chance of a contentious, drawn-out divorce can rapidly deplete a person’s bank account and leave them susceptible to snowballing debt, credit hits and even bankruptcy.

Plumfund works like any other crowdfunding site. After setting up your fund, you promote it through social media in hopes of having your friends, family and other associates donate funds to help keep you afloat and pay for those expensive divorce fees.

Is Plumfund A Good Idea?

Often, divorcing couples tend to keep their cards held close to their chests. It can be a difficult time and it is not uncommon to retreat inward instead of asking for support from those closest to you. Plumfund helps with exactly that ”“ it shows financial and emotional support for friends and family going through divorce.

Not only that; it has attracted the attention of several investors, including Shark Tank star Kevin O’Leary who sees it as a tremendous business opportunity. With so many marriages ending in divorce (general estimates say that somewhere around 40 to 50 percent of marriages end in divorce), O’Leary says he cannot wait to start promoting the company, touting the importance of responsible monetization of divorce.

At any rate, we hope they don’t pull a SwanLuv and bite off more than they can chew.

Our Denver divorce attorneys are skilled in all matters of family law and offer financing options for divorcing couples.

Residency Requirements for Colorado Divorce

A common misconception is that a couple must get divorced in the same state they were married in. However, you can get divorced anywhere in the country, as long as you have residency there. In fact, most divorces are filed in the state the filing spouse resides in. While this is the most common scenario, it is also possible to move before filing for divorce and file in your new home!

What Are the Residency Requirements?

In Colorado, the divorce process requires that you meet residency requirements. Residency requirements vary state to state, with some states having more difficult requirements. Filing for divorce in a state where you do not meet the requirements will lead to rejection of your case. Colorado’s residency rules are fairly simple: in order to file for a dissolution of marriage, you must be a resident of the state for 90 days prior to filing for the divorce.

If You Don’t Meet Residency Requirements

If you find that you do not meet the residency requirements for a divorce filing, you have a few options:

  • You can establish residency in Colorado for 90 days. Just because you haven’t lived here for 90 days does not mean you have to wait to start getting the paperwork together. You can still hire an attorney and get to work! Your attorney will gather all the appropriate documents and wait the three months to file for divorce.
  • If your spouse fulfills residency requirements in Colorado, you can ask them to file for divorce.
  • If you have residency in another state, you can file for divorce there.
Contact Divorce Matters for Help

If you have any questions or concerns, please reach out to us at (720) 386-9176 or click here! One of our experienced attorneys would be happy to answer your questions.

Six Questions to Ask When Choosing a Divorce Attorney

Recently, Frank and Jamie McCourt, owners of the Los Angeles Dodgers, reached a mutually agreeable divorce”¦with Jamie getting a settlement of $131 million in exchange for the rights to the Dodgers. Frank McCourt now faces bankruptcy, and may have to sell the team.  Shared finances, joint property, and joint debt:  while the dollar amounts may be a bit different, the issues Frank and Jamie faced, and will continue to face, are echoed in virtually every divorce in every part of the country. With all these financial (and reputational) assets in play, both of the McCourts had divorce attorneys who were hand-selected and carefully chosen to meet each of their very specific needs. And, of course, no legal expense was spared.

While every divorce is painful, most of us do not have the same level of assets and the financial ability, or willingness, to fight to the bitter end.  Further, it should not be necessary. Every divorce is difficult and every divorce brings out the worst side of a person whom we once could not live without. Every divorce is full of grief, anger, and the full range of emotions you can imagine.  Perhaps the biggest difficulty of divorce is accepting that things will change in your family’s life.  It is impossible for a couple to divorce and have everything to stay the same.

Often, emotions get the best of us in the divorce process. Some of us have a flight mentality, meaning we just want to fold our tents and get out as quickly as possible with as little emotional damage. Others want to fight for everything, down to the dog bowls and the everyday silverware. However, neither of these options has to happen, either.  Most importantly, you don’t have to bankrupt yourself to emerge from the process with your best interests protected.

Many people avoid hiring a lawyer for fear of just one more cost in an already costly process. But divorce attorneys are often a key to saving yourself money, protecting your present interests, preserving your future ones, as well as helping your family to find the best solutions to the inevitable disagreements that arise during a divorce.

Like the McCourts, you can, and should, have an attorney who can specifically meet your individual needs, if it is in your best interests and personal situation to have counsel.

Below are six questions to ask when meeting with a divorce attorney for the first time:

  1. Does the attorney specialize in divorce law? Attorneys who focus on divorce law know it inside and out and can anticipate pitfalls before they happen. They understand the nuances of family court and negotiating through what can be volatile situations. They should have experience with local family judges and magistrates (make sure and ask) and will know a great deal about those judges and how they will react to particular elements of your divorce proceeding.
  2. What are the attorney’s priorities? Your divorce is not about their priorities; it is about yours. Is he or she all about winning the most money? Protecting the children? Standing up to the demands of the opposing party? Your attorney’s priorities should align with yours as they set about handling your case. Most importantly, your attorney must be willing to understand your priorities and give you the best advice given the particulars of your case and situation. Critically, that advice will not always be what you want to hear, either.
  3. Is the attorney willing to call in outside expertise? In some divorce cases, finances or parenting situations can be highly charged. Is your attorney willing to call in a CPA or a valuation expert to value the family business? Does your attorney have therapists to recommend if your child is struggling with the divorce? Has your attorney worked with Child Family Investigators or Parental Responsibility Evaluators?
  4. How much does the attorney charge? Attorney costs are often one of the things feared most as people initiate divorce proceedings. Do not be afraid to ask about fees. How do they bill? Based on your case and finances, what alternative arrangements can they offer? Can they assist you in a do-it-yourself divorce for a smaller fee set in advance? Good attorneys offer no surprises when it comes to money. Ask questions about how and what this will cost? Feel free to ask what it might cost if you go it alone.
  5. Does the attorney come recommended? Can you speak with past clients or read client reviews somewhere? Is your attorney recognized by his or her peers in law directories for their good performance? Have they been disciplined by the state bar, and what were they disciplined for?  Do not shy away from asking for the names of past clients to talk with to understand their experiences first-hand.
  6. Do you trust the attorney? Attorney-client trust is vital to the success of your case. How do you feel about the attorney you are meeting? Is he or she friendly and approachable? Did you have a good rapport or did you feel awkward and uncomfortable? Remember, you will have to hear things you might not like during a divorce case. Does he or she seem like someone who will give you a straight answer, even if it is unpopular?

Conclusion

Choosing the right attorney is one of the most important decisions you will make during your divorce. These questions will hopefully help you evaluate your options, so you can choose a divorce attorney who will always have your best interests in mind.

Five Lessons From Celebrity Breakups

It doesn’t matter who you are, how many people you know (or know you), or how much money you make. Everyone, regardless of fame or fortune, will face the same life lessons in patience and strength when going through a divorce. Celebrity does not make the emotional and psychological challenges any easier, and it is likely that the media scrutiny exacerbates them. However, because celebrity divorces are so public, there are many ways we can learn from them.

Let us take a quick look at popular culture for some lessons we can learn from celebrity breakups:

  • Your posts or tweets can strike back. Rumors of Ashton Kutcher and Demi Moore’s split went viral after a few suspicious activities on Facebook and Twitter that caught discerning eyes. We also learned from Anthony Weiner’s Twitter indiscretions that social media is not the slightest bit private, and quite possibly the poorest forum for proving fidelity. While many of us have a perception of privacy when we’re on Facebook or Twitter, that perception isn’t reality. Not only are they not private, they are not fleeting, like we often believe. Nothing on the internet really ever disappears, and what you post or tweet may come back to hurt you later on.
  • Always keep an open mind towards ending your relationship peaceably. Kelsey and Camille Grammar had a very public and bitter divorce, with mud slung around from both sides”¦right up until the last moment. Their conflict came to a close with an amicable settlement that ended the relationship sooner than anticipated, leaving Mr. Grammar free to re-marry within a matter of weeks. Even though it feels like the person you once loved is now your worst enemy, try to overcome your anger and bitterness, especially when children are involved. Remember that although you may no longer be married to a person, it is highly unlikely that your contact will cease the day the Judge signs the Decree. You may be sharing custody of children or continue running a business with your soon-to-be-ex in the future. Remember it is possible to resolve your differences and end the relationship amicably, which is a positive for everyone involved.
  • Finances are one of the hardest hurdles you will face. Whether you make millions from blockbuster films or have a middle-class income, the subject of maintenance, which was once called alimony, is often one of the biggest sources of contention in a marriage. Maintenance, which does not include child support, requires agreeing on a “fair” amount for one spouse to pay another, and for what time period. This is often a very difficult mountain to climb. Arnold Schwarzenegger and Maria Shriver, after 25 years of marriage, are struggling with this very topic. Though Arnold has not contested child support, he has objected to paying spousal support and Maria’s attorney fees. Money can quickly make bitter enemies. While child support is calculated by statute, it is very common for parties to quibble about the factors that go into a calculation. Parenting time and gross monthly income are not as cut and dry as one might think. It is important to find the right attorney, financial advisor, and support system that can help you protect your interests. It is also important to make sure your team will go about handling maintenance in a respectful and civil way that protects all parties to the process.
  • Life will go on, and things will get better. When you are going through a divorce, it can seem like your whole life revolves around it. It can be hard to look beyond the stress and see improvement in the future. But it does come. Look at Jennifer Lopez and Marc Antony, for example. Both seemed visibly shaken by the divorce, after all, celebrities are people, too! However, both have moved on, with Jennifer moving into new high profile ventures and Mark choosing to ramp up his singing career.
  • And then there is Kris Humphries and Kim Kardashian. There is little wisdom that we can glean from Kim’s and Kris’ short stint in matrimony, except of course, that having the first months of marriage filmed for a reality show may not be the best idea. However, it’s certainly been good for the tabloid business.

Conclusion

Every day, we see stories about famous couples getting married and getting divorced. Fame and fortune do not make things easier. However, because their lives are so public, perhaps there are a few things we can learn from them to apply to our own experiences and circumstances. We can see the mistakes and pitfalls to which celebrities so often succumb, and hopefully by doing so, we can avoid them ourselves. Most importantly, we can also learn from famous couples who handle a very difficult divorce with dignity and maturity, even when it is the hardest thing to do.

Annulment or Divorce: What’s The Difference?

When speaking with couples who want to legally end their marriages, we sometimes get questions about annulment instead of divorce. Often, people assume that annulments are less expensive, simpler, or less contentious.

Sometimes, people are seeking an annulment instead of divorce for religious purposes, as well. Regardless of the reasons behind seeking an annulment instead of a divorce, Colorado has very specific qualifications for couples seeking annulment.

What’s the difference between an annulment and a divorce?

A divorce puts an end to your marriage legally, so you are no longer recognized as married. On the other hand, an annulment means that your marriage was invalid and never existed. If you are entitled to and receive an annulment, in all records and legal documentation, an annulment makes it so that””for all intents and purposes””your marriage never existed.

So what’s required for an annulment?

Because this is a drastic step””declaring that you were never really married””Colorado’s requirements for annulment are very specific and have to fall within strict timelines. In Colorado, you can only get an annulment if:

  • One party was mentally incapacitated and was not legally able to consent to the marriage. This could be mental illness, or a drug or alcohol addiction. This requirement must be reported within 6 months of discovery.
  • The marriage was not consummated because one party was physically incapable. However, this requirement actually only applies if the other party was unaware of the physical disability when the marriage was initiated. This requirement must be reported within 12 months of discovery.
  • If one party was not yet 18 when married and did not have a guardian’s permission. This requirement must be reported within 24 months and must be reported by the underage party or his/her guardian.
  • The marriage was initiated under false pretenses, such as one party misrepresenting himself or herself, the marriage was forced under duress, and/or occurred under false pretenses.
  • Your spouse was already married. This actually voids the marriage because the marriage was never legal in the first place.
  • The marriage is incestuous.

Legal Steps

Individuals who pursue an annulment instead of a divorce still need to address and resolve nearly all of the same issues as a divorce””particularly as they relate to joint property, maintenance fees, or child custody. The process often takes the same amount of time as a divorce and follows many of the same steps. To apply in the first place, one or the other of you needs to have lived in Colorado for at least 30 days or you must have been married in Colorado, and you will need to apply in the county where you reside.

The initial step in petitioning the Court for a declaration of invalidity is to file a petition, summons and case information sheet, and pay the filing fee in the court that you reside in. You may also need to complete additional forms, such as a sworn financial statement, parenting plan, and separation agreement””similar forms to those filed for a divorce, depending on your individual circumstances. After you file your petition, your spouse will have an opportunity to file a response.

After this response period, you may need to complete additional forms, depending on the specific facts of your case before scheduling and attending your final hearing. At the hearing, the judge or magistrate will grant or deny your annulment, and will also enter other orders that may be necessary to deal with joint property, debts, assets, and children.

Conclusion

While some people think getting an annulment would be simpler or cheaper than getting a divorce, in reality, this is not the case. If you are seeking an annulment, look into it carefully before making that leap. In many cases, you may not meet the requirements to request an annulment and will need to pursue a divorce. Annulments and divorce involve many complicated issues and””while you can pursue them on your own””the advice of an attorney could save you money, time and stress.