Warkentine Law OfficeBroomfield Family Law Attorney | Divorce | Child Custody2024-03-07T11:05:24Zhttps://www.warkentinelaw.com/feed/atom/WordPressOn Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476202024-03-05T19:24:10Z2024-03-06T19:23:17ZEvidence on display
Consider that social media platforms provide a wealth of information that can play a role in court. Posts, photos, videos and messages exchanged on platforms like Facebook or Instagram can offer insights into a parent's lifestyle and behavior, which can influence custody decisions.
Parenting behavior
Judges consider the behavior of each parent when determining custody arrangements. Social media can provide a window into a parent's behavior, revealing aspects of their character and parenting style. Posts depicting irresponsible behavior, substance abuse or neglectful parenting can raise concerns. For instance, the court may question a parent's ability to provide a safe and stable environment for their child.
Communication and co-parenting
The court may also assess social media interactions between parents to determine the level of cooperation. Negative interactions, such as public arguments or disparaging remarks, can reflect poorly on a parent's ability to cooperate with the other parent for the benefit of the child.
Parental fitness
The overall fitness of each parent is a significant factor in custody determinations. Social media can provide evidence regarding a parent's mental and emotional state, as well as their ability to prioritize the needs of their child. Posts that demonstrate involvement in criminal activities, violent behavior or reckless conduct can raise doubts about a parent's fitness to have custody.
Keep in mind that social media posts are admissible in court. As a result, the content of posts may be a deciding factor when it comes to challenging custody decisions.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476122024-02-21T20:13:56Z2024-02-22T20:12:28Z1. Protection from domestic violence
One reason individuals seek restraining orders during divorce proceedings is to protect themselves from domestic violence. Divorce can escalate tensions between spouses, leading to instances of physical, emotional or psychological abuse.
2. Prevention of harassment
In some cases, one spouse may engage in harassing behavior toward the other during the divorce process. This harassment can manifest in various forms, such as unwanted communication, stalking or intimidation. A restraining order provides an avenue for the victim to establish boundaries and ideally prevent further harassment from occurring.
3. Safeguarding assets and property
Divorce often involves the division of assets and property acquired during the marriage. However, some spouses may attempt to unlawfully dispose of or damage shared assets out of spite or revenge. By obtaining a restraining order, individuals can prevent their spouse from engaging in destructive behaviors that could jeopardize the equitable distribution of marital property.
4. Protection for children
Restraining orders can include provisions that prohibit the abusive or harmful treatment of children by either parent. This legal measure helps to create a secure environment for children during the divorce process and beyond.
5. Preservation of emotional well-being
Divorce is inherently emotionally challenging, and interactions with a contentious spouse can exacerbate stress and anxiety. By obtaining a restraining order, individuals can minimize direct contact with their spouse, providing them with the space and peace of mind to navigate the divorce proceedings and focus on rebuilding their lives.
By understanding why restraining orders may be necessary during divorce in Colorado, individuals can take proactive steps to protect themselves and their loved ones.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476132024-02-21T20:17:59Z2024-02-21T20:17:59ZThe purpose of discovery
In divorce proceedings, discovery is the process where both parties exchange relevant information and documents. These could pertain to assets, income, liabilities, mental health conditions, a history of abuse and other pertinent matters.
The purpose is to ensure transparency and fairness. Each party can obtain the necessary information to make informed decisions and pursue a just resolution. The discovery process also helps prevent surprises during the trial and can encourage settlement negotiations by providing a clear understanding of each party's circumstances.
3 methods for discovery
Among other rules of disclosure, Colorado Rules of Civil Procedure, Rule 16.2, discusses three key methods for discovery requests:
Requests for the production of documents involve one party asking the other to provide specific documents or tangible items relevant to the case. Common examples include financial records, contracts or correspondence. This method allows for the direct acquisition of relevant physical evidence.
Depositions entail one party’s side questioning the other party or witnesses under oath, typically in a formal setting outside the courtroom. Depositions provide an opportunity to gather testimony and observe a person’s demeanor. Such details can aid in trial preparation and potentially uncover new information.
Interrogatories consist of written questions that one party poses to the other to uncover factual information relevant to the case. The receiving party must respond in writing within a specified time frame, typically under oath. Interrogatories allow for detailed inquiries into specific issues and provide a structured format for obtaining information.
Discovery provides a clearer perspective into what the trial’s outcome could be and helps a person make informed decisions about how to proceed. Effectively using discovery could even lead to a quick settlement, making it a valuable tool when heading into a divorce.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476112024-02-05T19:20:44Z2024-02-07T19:20:38ZFinancial disparities
A primary way that gray divorce affects the standard of living is through financial disparities between spouses. Kiplinger reports that women over 50 see their standard of living decline by 45% after a divorce, while men over 50 see theirs fall by 21%. This discrepancy may result from several factors. Wage disparities and interrupted career trajectories due to caregiving responsibilities are among them.
Asset division and retirement accounts
The division of assets and retirement accounts during a gray divorce can further exacerbate disparities in the standard of living between men and women. Women may receive a smaller share of marital assets, including retirement savings. This is particularly likely for those who have been out of the workforce, as well as those with low earning potential. As a result, women may face greater financial challenges in funding their retirement and maintaining their standard of living than men.
Social Security benefits
Social Security benefits also help determine the standard of living for divorced individuals, particularly in gray divorce scenarios. Spousal benefits based on an ex-spouse's earnings record may be available to those who meet certain criteria.
Gray divorce has profound implications for the standard of living of both men and women. By understanding the challenges associated with gray divorce, parties can take proactive steps to protect their financial interests and maintain their standard of living.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476092024-01-23T17:44:07Z2024-01-24T17:43:10ZCalculating child support
Child support is the financial support a non-custodial parent provides for their child. The court determines the amount, considering factors like the non-custodial parent's income and the child's needs. However, calculating child support can be more challenging for self-employed individuals.
For a self-employed person, reporting income properly is key for child support calculations. Parents should keep detailed records of business income and expenses. Self-employment often involves income fluctuations, making it harder to determine child support payments. Maintaining thorough records of income can provide a more accurate picture.
Negotiating a fair agreement
If self-employment income varies, parents should consider negotiating a child support agreement that reflects these fluctuations. They should try to openly communicate with the other parent and be willing to cooperate. A sustainable child support agreement can help parents avoid serious consequences. For example, the Division of Child Support Services states that unpaid child support can lead to judicial actions, license suspension and credit reporting.
Navigating child support as a self-employed individual can be challenging. However, accurate reporting, thorough documentation and a willingness to negotiate can ensure a fair assessment of obligations. Self-employed workers struggling with child support should review their options carefully. For example, modifying a child support order or creating a payment plan could help them stay current.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476082024-01-10T16:29:33Z2024-01-10T16:29:33ZMyth: Prenuptial agreements are only for the wealthy
Prenuptial agreements can benefit any couple and according to NPR, in 2022, approximately 15% of married couples had a prenuptial agreement. One common myth is that prenuptial agreements are exclusively for the wealthy. In reality, these agreements can benefit individuals of all financial backgrounds.
Myth: Prenuptial agreements predict divorce
Some believe that signing a prenuptial agreement is a predictor of an eventual divorce. A prenup is a precautionary measure, not a sign of an impending separation. It serves to establish clear expectations and guidelines in the event that circumstances change during the marriage.
Myth: Prenuptial agreements are unromantic
Another misconception is that prenuptial agreements are unromantic or indicative of a lack of trust. Discussing and planning for potential future scenarios demonstrates a mature and responsible approach to marriage.
Myth: Prenuptial agreements only address finances
While financial matters are a common focus, prenuptial agreements can cover various aspects of a marriage. These include property distribution, debts, spousal support and even matters related to personal habits, such as lifestyle choices and religious preferences.
Myth: Prenuptial agreements are irrevocable
Contrary to this myth, prenuptial agreements are not set in stone. Couples can revisit and amend their agreements as circumstances change throughout their marriage.
Myth: Prenuptial agreements are only for older couples
Age is not a determining factor for considering a prenuptial agreement. Younger couples can also benefit from the security and clarity that such an agreement provides.
Before getting married, couples should consider the option of creating a prenuptial agreement. This can help spouses preserve family assets, clarify debt, protect their assets and allow for more financial transparency.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476072023-12-29T22:08:10Z2023-12-29T22:08:10ZSignificant changes in living situations
One of the primary reasons to seek a modification is a significant change in either parent’s living situation. This could include relocating to a different city or state, a change in housing that affects the child’s living space or any other alteration that directly impacts the child's well-being. If the change makes the original agreement impractical or unsuitable, a modification is necessary.
Changes in the child's needs
As children grow, their needs evolve. Changes in a child’s health, education or emotional well-being might require adjustments to the custody arrangement. For example, if a child develops a medical condition that one parent is better equipped to handle, or if a child expresses a strong preference to live with one parent due to school or social reasons, these are valid grounds for seeking a modification.
Changes in parental circumstances
Changes in a parent’s circumstances, such as a significant change in work schedule, health issues or changes in marital status, can also necessitate a modification. If these changes affect the parent’s ability to provide care or maintain the custody schedule, it is important to revise the agreement to reflect the new circumstances.
These modifications help maintain an environment that supports the child’s growth and well-being. Parents should approach this process with the child’s best interests at heart, ensuring that any changes made are in favor of the child's overall welfare and happiness.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476062023-12-27T19:34:07Z2023-12-27T19:34:07ZThe court’s impartiality and objectivity
From a legal perspective, filing for divorce first does not technically confer an advantage. The Uniform Dissolution of Marriage Act in Colorado Code 14-10-112 recognizes no-fault divorce. As a result, though one party (the petitioner) initiates the process, this does not imply wrongdoing on the respondent’s part.
Both spouses are subject to equitable distribution of assets and fair consideration of terms. The court remains impartial, focusing on the merits of the case rather than the order of filing.
While the petitioner determines the initial terms, the legal framework ensures both parties have the opportunity to respond and present their positions. Ultimately, the divorce outcome hinges on legal principles rather than the sequence of filing to reach a fair and unbiased resolution.
Possible advantages of filing first
Still, initiating the divorce process may offer strategic benefits. By starting the process, the petitioner may be able to set the tempo of the proceedings. This can influence the timeline and decision-making pace. This position may also allow for careful consideration in formulating terms before the respondent counters.
Additionally, the petitioner gains the opportunity to choose the jurisdiction. The location of the proceedings could save time and minimize personal inconvenience. The petitioner can also request temporary orders, providing immediate financial relief or safeguarding assets. In cases of abuse, filing first may permit protective measures and catch the other party off guard.
Potential disadvantages of being the petitioner
On the other hand, being the petitioner might carry certain drawbacks. Financially, the petitioner assumes filing fees, such as $230 for the Petition of the Dissolution of Marriage. Moreover, the act of filing alerts the respondent to the petitioner's demands, potentially leading to defensive actions or attempts to undermine the filed terms.
Also, the initial burden of preparation falls on the petitioner, requiring swift and thorough organization of relevant documents and plans for living apart. In cases of domestic abuse, filing first may elevate the risk if the volatile spouse reacts negatively, so a person needs to prepare practical ways to protect oneself.
Each divorce case is unique and requires careful preparation for both parties. A person must decide for oneself whether filing first is an advantage, but in either situation, the proceedings permit an individual to present a case and push for a fair settlement.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476042023-12-13T22:34:34Z2023-12-13T22:34:34ZIncome calculation
Colorado employs an income-shares model. It considers the gross income of both parents, including wages, bonuses, dividends and other sources of income. As of 2022 US Census data, the average household income in the state is almost $88,000.
The court may also take deductions from gross income. Examples include taxes and mandatory retirement contributions. The income shares model provides a comprehensive view of the resources available to each parent.
Basic child support obligation
The state uses guidelines to establish the basic child support obligation. This number varies by the combined income of both parents and the number of children requiring support. It aims to estimate the amount necessary to maintain the same standard of living as before the divorce.
The court can adjust the basic obligation based on shared custody and the associated expenses. You may have this option if each parent spends at least 92 overnights per year with the child.
Additional expenses
Beyond basic child support, parents may share responsibility for other child-related expenses. Examples include health insurance, medical costs, child care and educational expenses.
Allocating these costs between parents supports an equitable distribution of financial responsibilities. The court may allocate extraordinary expenses, such as medical treatments or special education needs, based on each parent's financial capacity.
Modification and review
Child support orders are not static. Either parent can request modification based on changes in circumstances, such as a job loss or a new living arrangement.
Colorado emphasizes the child's best interests when calculating child support. Parents can also negotiate their own agreement about support and present it to the judge for review.]]>On Behalf of Warkentine Law Officehttps://www.warkentinelaw.com/?p=476032023-12-04T19:21:24Z2023-12-04T19:21:24ZBlended families
If your family grows after you marry, a postnuptial agreement provides a structured way to navigate complex dynamics. It allows you to specify asset division among biological and stepchildren and clarifies provisions for children living outside your home
Income changes
It is not uncommon for income balances to change during your marriage. You may receive significant salary increases, or perhaps you were the higher earner before your marriage, but now you have given up your wages to stay home with your children. A postnuptial contract accounts for these changes and clarifies how to divide wealth equitably given the shift.
Inheritances and family gifts
Before your marriage, you may not have considered the likelihood of receiving an inheritance or any financial or material gifts from your family. Yet given that an estimated 13% of inheritances have a value of $500,000 or more, you may want to ensure this money or property remains in your family after a divorce. Addressing these assets via a postnuptial contract may better support the wishes of the person who gave them to you while preserving the legacy of cherished items.
When significant financial shifts occur in your marriage, tailoring a postnuptial agreement to address these alterations can foster security and harmony in your relationship.]]>