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Denver Colorado Family Law Blog

Can social media be evidence?

Over the past five to ten years, we, as a society have modified the ways in which we communicate. People are no longer writing letters or having to pick up the phone and call someone in order to stay connected. Rather, people can now post significant life events with a large group of individuals in less than five seconds. Social media and online accounts allow us to stay connected with our loved ones, or even not so loved ones, and see on an almost hourly basis what someone is doing, who they are with, what they are liking, and how they are feeling. As such, social media postings and accounts have become a big issue in legal proceeding, especially those involving family law issues. We put all types of information on our Facebook, Instagram and Twitter feeds including personal and lifestyle posts. 

Naturally, the information presented through these social media accounts may present as relevant to many of the issues that couples are confronting within a divorce or allocation of parental responsibility matter. The information posted can shed light on financial habits or problems of parties as well as parenting concerns or mental health issues.

After The Holidays - Time To Call It Quits?

After the hustle of the holiday season and the craziness of multiple family and social events, some couples realize that the time has come to end their relationship. January is a common time for couples to file for divorce as the holidays come to an end and reality sets in. It is so common that in the UK, they refer to January 8 as "Divorce Day."

Some couples are already resigned to divorce but want to give the children one last holiday before breaking the news. Others spend the holidays in conflict and realize that the relationship is not salvageable. Whatever the reason for seeking a divorce, it is important to consider these recommendations:

You Don't Have To File Right Away

Legal proceedings including those involving parenting time and divorce have a legal starting point. This usually involves preparing legal documents which are filed with the court and served on the other party. 

However, you don't have to begin your family law proceeding this way. It may be that you prefer to negotiate the issues, attend mediation or participate in Collaborative Law before you serve or file any legal pleadings. While you always want to get the advice of an attorney before you take any action, know that you have options with how to begin the process. An attorney can help you discuss your options and find a path forward that you believe is the best for your particular case.

The Importance Of Changing Beneficiary Designations After Divorce

A divorce proceeding requires a number of important decisions to make regarding property, parenting time, the marital home, non-marital property and financial support among many other matters to address. However, once the ink is dry on your divorce decree, there are often a number of equally important matters to take care of after the proceeding. 

Often forgotten or left too late, these tasks include: 

Do I Really Have To Disclose All This Information?

We often get questions from family law clients about whether you actually have to disclose everything in a proceeding - whether a divorce or a parenting time matter. The answer is that yes, you do have to disclose a significant amount of information and you have to do it without the other party even asking for that information. 

In Colorado, the rules of procedure require that parties exchange certain information about their financial accounts and obligations, their child-related expenses and other relevant material through a process of Mandatory Disclosures, a Sworn Financial Statement and Supporting Schedules after service of a petition or post-decree motion involving financial issues. 

TSPs: Measuring some ingredients in military divorce

Mary Poppins said a spoonful of sugar helps the medicine go down. But where divorce is concerned, things aren't quite so simple. Divorce can be upsetting and frustratingly complicated. If you happen to be a spouse married to someone in the military, the process of dissolving the marriage can become even more complex.

One of the most challenging facets in every case is dividing retirement benefits, and with the start of 2018, it is possible that things may become a frequent matter of dispute for those in the military. The trigger for this will be the new Blended Retirement System and the role of the legacy Thrift Savings Plan (TSP) in that system.

How Does Debt Get Divided In A Divorce?

As part of the divorce process, one of the main issues will be how to divide your assets. Dividing your property also includes dividing your liabilities and your debt. This may include credit card debt, a mortgage or equity line of credit, medical expenses and student loans. Sometimes the debt is in one spouse's name but not the other and often both names are on the account.

Property division, especially debt division, remains one of the more contentious issues in divorce. Spouses may accuse the other of racking up credit card debt for personal use. Others may have incurred marital credit card debt but the account is in their name only. Regardless of the issues, unwinding marital debt is as important as awarding marital assets.

Settling Up: The Mortgage After A Divorce

If you own a home and you are getting a divorce, the chances are that either you or your spouse will need to remove one person from the mortgage. This can present a challenge depending on your circumstances, but it is a very important step that many divorcing couples do not think about. 

Some people have a mortgage in one spouse's name and some have it in both spouses' names. If you are the spouse responsible for the mortgage note alone and you are awarded the house, then this may not be as applicable to you. Here are some issues to consider when awarding a home in a divorce:

Collaborative Professional: Preparing For Your First Meeting

At Littman Family Law, we are big advocates of using Collaborative Law for divorce in order to resolve differences and keep families moving forward. Collaborative Law is a process which involves an agreement to use Collaborative Law professionals - including attorneys, financial professionals and therapists - and keep the divorce out of court. 

The main difference between Collaborative Law and traditional family law divorce is that if one party decides to leave the process and bring a court motion, both parties have to get new attorneys. This deters people from leaving the process without first putting in some serious effort.

Proposed Tax Bill Would Have A Huge Impact On Divorces

With the current news cycle, there are a lot of competing stories to get our attention. From tragic shootings, to scandals in entertainment and politics, our news feeds are full of attention-grabbing headlines. 

One story that you may have missed involves the current proposed tax bill from the House Republicans. If this tax bill goes into effect, it will have a major impact on alimony (spousal maintenance) payments - the spousal support awarded as part of a divorce. Here is what you should know about the proposed legislation.

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