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Understanding Child Custody In California

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The word “custody” is what most people think of when they talk about time with their kids after a divorce. Most family law professionals, including lawyers and judges, stay away from this term. Instead, “parenting time” and “decision-making” are commonly used in its place. The phrase, “custody” implies ownership or control of something, so “custody”…

Avoid Overpaying Attorney Fees

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Family law clients have a significant degree of control over attorney fees incurred within their cases. The biggest factor in the overall cost of divorce is conflict. If a client manages the level of conflict, carefully picking and choosing their battles, it will have a big impact on the cost of the case. Divorce can … Continued

Child and Family Investigators (CFI)

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A Child and Family Investigators, or CFI, is an expert appointed by a court to help a judge resolve parenting time and decision-making conflicts. Not every case involving children requires a CFI.  CFIs are usually only appointed to cases where one, or both parties request this expert.  A judge may also determine on his or … Continued

Reducing Conflict in Separation

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Divorce can be an unpleasant topic. When a couple decides to get married, the topic of separation is typically not at the top of their list to discuss. However, many of the contentious issues that arise can be minimized by taking the time to discuss the tough questions with your spouse prior to marriage. Similar … Continued

Grandparents Rights In Dependency and Neglect

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In today’s world of modern families, it’s not unusual for grandparents to seek their own rights regarding their grandchildren. This is a well-established statutory ability for grandparents (or great-grandparents). With this ability, grandparents “seek a court order granting them reasonable grandchild or great-grandchild visitation rights.” However, the implementation of these rights can only be done … Continued

Completing an Uncontested Divorce in California

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An uncontested divorce is a lawsuit.  And this lawsuit must be filed, even if the divorcing couple is not in conflict regarding parenting plans, financial support, and asset and debt distribution. Even if a divorcing couple can set aside the raw emotion of the break-up, most have difficulty with the lawsuit itself. Lawsuit issues include…

5 Things NOT to Post During a Divorce

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Divorce is easy - said no one, ever. Going through a divorce is one of life's most stressful experiences both emotionally and financially. In today's world, we often turn to social media as an outlet to voice our opinions, seek solace with friends, or simply to keep up with the Kardashians... I mean news. As … Continued

Do Transgender Parents Have Rights?

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When a Colorado court is tasked with making a custody order for a minor child, the court's outcome is based on the best interest of the child.  While courts should not take transgender status into consideration regarding the best interests of a child, it would be naïve to think it never happens. Here are some … Continued

Ongoing Issues for Same-Sex Divorce in Colorado

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Prior to the 2015 Obergefell v. Hodges decision, the definition of marriage varied between each state in the United States. States could effectively exclude marriages between same-sex individuals, such as the Ohio statute at issue in Obergefell. Prior to this decision, same-sex marriage and divorce was a patchwork from state to state. While some states enacted … Continued

I’m Transgender, Does That Make Getting Married Harder?

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The simple answer is, being transgender does not affect your right to get married. The United States Supreme Court Case, Obergefell v. Hodges requires all states to license and recognize same-sex marriage. Your biological sex assigned at birth cannot affect your ability to marry. However, there are some steps you should consider taking when heading … Continued

Goodbye Dependency Exemptions

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Dependency Exemptions are continually in flux, make sure you are up to date with the most recent changes. CALL NOW: (866) 695-0314SCHEDULE YOUR FREE CONSULTATION Changes Some provisions of Trump's tax plan do not take effect until 2019 (i.e. switching the tax burden from the maintenance recipient to the payer). Some tax changes apply immediately, … Continued

Maintenance Payments: Who’s Income Is It?

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In Colorado, maintenance (also known as alimony) is intended to help ease the financial burdens associated with divorce. A financially disadvantaged spouse married for 3-years (or more) can request maintenance. In the past, Judges had very little guidance in determining when to award maintenance and even less regarding the amount or length of payments. The … Continued

What Does “No Fault” Mean for Divorcees?

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Most litigants are seeking compensation for injury; to right a wrong; and/or to expose the truth. Parties to a divorce with this mindset are quickly disappointed. Colorado is a “no-fault” divorce state, meaning a divorce proceeding will not vindicate, declare punishment or condemn a spouse for martial wrongdoing. If a spouse’s behavior poses a danger … Continued

Moving Past the “Tender Years” Doctrine

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Long before Millennials were swiping left and right to find their future soulmates, the word “Tender” had a different meaning to family law professionals. Starting out in the late 1800s, the “Tender Years Presumption” gave a slant of favor towards mothers over fathers when determining who would obtain custody of young children. This legal doctrine … Continued

Military Divorce Boot Camp

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Family law affects all types of people from all walks of life. Therefore, it should come as no surprise that people in the military occasionally have to deal with the family courts. While the military has some very particularized rules and procedures uniquely it's own: divorce and allocation of parental responsibility cases remain within the … Continued

Protection Order Terminology

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Family law, like many areas of law, can be confusing and intimidating. Unless you’ve had training in legal concepts, some of the terminologies that get thrown around can sound like gibberish. Beyond that, sometimes it can be difficult to understand what the terms of a court order may mean. To that end, protection orders can … Continued

Protection Orders: Temporary vs. Permanent

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Family law cases can occasionally involve some rather unfortunate subject matter. Some people’s relationships may involve various forms of abuse or domestic violence. In these instances, a person may be able to seek a protection order to reduce the likelihood of future incidents. If you find yourself in the unfortunate position of wondering whether you … Continued

Father’s Rights

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Family law cases vary greatly, and no two cases are quite the same. Despite the differences, there are occasionally themes that seem to emerge. One such theme that comes up rather frequently in divorce and allocation of parental responsibilities cases is that of father's rights. Often times, an individual will contact the firm and ask … Continued