What Qualifies as a Domestic Violence Case in Colorado?

Many times, people accused of a crime in Colorado appear in court and find themselves facing a judge that tells them their case involves domestic violence. The reaction to this claim is often that no violence happened, so how can the judge make a domestic violence claim. It’s important to understand what makes a case qualify as domestic violence.

Colorado Domestic Violence Explained

In Colorado, domestic violence is not as cut and dry as it seems. Domestic violence cases often do not involve any physical harm. The law states that an act or threat to perform an act of violence with a person that is accused has been involved in an intimate relationship. An intimate relationship includes spouses, ex-spouses, unmarried couples past or present, or people that have had a child together, regardless of their current or past living arrangements.

You can also be accused of domestic violence if you commit a crime against person, property, or an animal as a method of threatening, intimidating, punishing or coercing someone that you have had an intimate relationship with in the past or present time.

Why You Need a Colorado Domestic Violence Attorney 

As you can see, domestic violence is a very broad term that can be applied to nearly any accusation involving a present or past person you have been involved with intimately. If you are facing a charge that involves someone that could be considered an intimate relationship, don’t take chances by going to court without an experienced Colorado domestic violence attorney on your side.

Ryan Reynolds and Scarlett Johansson: Another Power Couple Splits

A few weeks ago, Ryan Reynolds was on Jay Leno discussing his split with Scarlett Johansson. Though the actor, who is usually very private, spoke largely in jest about the divorce and by all reports the couple is still on friendly terms, Reynolds has still expressed pain over the divorce, saying he doesn’t ever want to get married again. Divorce is a tough process which varies by jurisdiction, and for those in Colorado without a Denver family and divorce attorney, the process can be painful on many different levels.

Reynolds and Johansson were one of Hollywood’s power couples, with reports flying weeks after their divorce that the two were looking to reunite. This sort of wishful thinking on the public’s part is a macrocosmic version of the type of drama that accompanies every divorce. Did the couple have to split? What happened to tear them apart? They had dinner last night—are they going to get back together?

The divorcees aren’t the only ones hurt, though certainly they share the bulk of the grief. Divorce ruins friendships and tears families apart, and as difficult as it may be, the only way to come out of it with as little damage as possible is to obtain, whether you are in Pennsylvania, California, or Colorado, divorce attorney services.

Attempting to go through a divorce without an attorney is unwise. The partner with whom you have spent years in trust and teamwork now stands on the other side of the line from you. Years of trust is destroyed. An attorney will ensure that both sides meet on fair and even grounds, and that the split is as equal as possible.

Whether the divorce is uncontested, or there are issues of annulment, child custody and child support, or even military divorce wherein jurisdiction is a question, a qualified divorce attorney can ensure that the split is as fair and balanced as possible.

Military Divorces: What You Need to Know

Going through a divorce can be an emotionally and mentally draining process. For military spouses the process can be a bit more stressful due to some unique issues that are addressed through Colorado’s military divorce laws. An experienced Colorado divorce attorney can clearly explain those laws, as well as your rights under them.

Colorado’s military divorce laws protect a military spouse from being held in default for failure to respond to a divorce petition. The laws protect an active military spouse from being divorced and not know it. A military spouse can postpone a divorce proceeding or the duration of his or her active duty and up to 60 days afterward under the Soldiers and Sailors Civil Relief Act–and in the courts’ discretion. A military spouse can elect to waive his or her right to postpone divorce proceedings under this act as well.

Like a civilian divorce in Colorado, the grounds under which the courts will grant a military divorce are that the marriage is irretrievably broken. Either spouse must reside in and be stationed in the state of Colorado. However, if a spouse residing in Colorado files for divorce from a spouse not residing in Colorado, the courts may be unable to divide military retirement unless the filing spouse files an action in the state where the non-residing spouse lives.

The summons, accompanies by a copy of the divorce action, must be personally served to an active military spouse. If the divorce is uncontested, the spouse does not have to be personally served if he or she acknowledges the divorce action by signing and filing a waiver affidavit.

Child support and alimony or spousal support cannot exceed 60% of an active military spouse’s income. The courts determine the amount of child support using the same guidelines, schedules and worksheets used for civilian divorce.

Are Separation Agreements an Option for You?

A marital separation agreement is a contract between a husband and wife who have decided to legally separate and/or live apart. The contract typically outlines property and debt division, child support and custody, insurance coverage and alimony, as well as other items of importance to one or both parties. It serves as a written agreement of the decisions both spouses agree to in the separation or divorce proceeding. In situations where neither spouses can reach an agreement, the court steps in to decide how assets are divided and child custody and support.

The separation agreement is usually presented at a hearing. A judge reviews the agreement to ensure it represents the interests of both spouses and that neither party was under duress when the agreement was created. Both spouses sign the document, and then it is notarized. While separation agreements are binding, they don’t necessarily mean a divorce is imminent.

You don’t have to retain an attorney to draw up a separation agreement, but it would beneficial for both spouses if one was retained. Marital separation often comes with high emotions that can make it hard to maintain objectivity. A qualified Colorado divorce attorney can ease some of the stress and make the process go smoother. The attorney can also make sure you don’t miss any important items, such as death benefits or pension payments that may be overlooked during what is usually an emotionally and mentally draining time. Unless you are well versed in divorce laws, you should consider enlisting the aid of an experienced Colorado divorce attorney who can advise you on what is permissible in your separation agreement in the state of Colorado.

Alimony Facts

If you live in Colorado and are currently in the process of a divorce after being married for a long time, the likelihood of you paying alimony is very high. How long you will be paying, or whether you will pay at all, will be determined by the Colorado divorce court based on certain factors, such as yours and your spouse’s standard of living prior to marriage and your ability to pay.

Colorado divorce judges generally award lifetime alimony where the marriage was longer than 20 years. Alimony in Colorado ends upon the death of either spouse or remarriage of the spouse receiving alimony. Some of the factors the courts look at when determining who pays alimony and how much include financial resources of the spouse seeking it and his or her ability to meet their needs on their own without spousal support; duration of the marriage; age and physical condition of the spouse seeking alimony; time necessary to get sufficient education or training to become self-supporting; and the ability of the spouse from whom alimony is sought to meet their own needs in addition to paying alimony.

The good thing about alimony payments is that they are tax deductible for the person paying it and taxable income for the person receiving it. The payments must be in cash and spelled out in your divorce decree in order to be tax deductible. In addition, you cannot file a joint return and claim the tax deduction. Should you fail to pay alimony, your spouse can sue you for the payments. You may also be ordered to pay your spouse’s attorney and court costs.

Don’t Let a Divorce Put You in the Poorhouse

Even an amicable divorce is not void of emotional stress. Seeing your hopes for a lifelong marital commitment come to end creates of multitude of feelings, so much that finances is the farthest thing from your mind, except perhaps alimony and child support. As painful as it may be, you have to start getting prepared for life after the divorce, when fiscal responsibility will be solely on your shoulders.

Consider enlisting the aid of a Certified Divorce Financial Analyst to do a cash flow analysis to give you a better idea of your current financial situation. Your cash flow analysis should break down what you have in savings, fixed/variable expenses, discretionary expenses and debt payments.

Try to be reasonable when reaching a divorce settlement. The ideal settlement is a fair settlement for both you and your former spouse. Make certain you understand the short- and long-term ramifications of whatever settlement you reach with your former spouse. If there is anything you don’t understand, don’t hesitate to ask your attorney. Make a list of property that you must have and be prepared to compromise on property you want but could live without.

Protect your retirement assets by having a Qualified Domestic Relations Order (QDRO) drawn up. Lastly, close all joint accounts and get a copy of your credit file. Close any accounts you don’t use. Credit should be used sparingly and not as a means to pay your other monthly expenses. Be sure to pay off your credit balances in a timely manner.

Establishing Your New Financial Identity After a Divorce

Not only can getting a divorce affect your bank account, it can also affect your credit score and your ability to secure credit on your own. If you had any joint credit accounts with your former spouse and he or she does not keep up their end, it could affect your credit score.

Ideally it would be good to maintain a separate account in your name only while you are married, but many spouses combined bank accounts and finances. You should re-establish your own financial identity the moment you and your spouse separate, because you will most likely need credit to be able to start your new life as a single person. Apply for a department store credit card as well as a small line of credit for starters.

You should also request a copy of your credit report once you separate from your spouse. This is especially crucial if your former spouse was the one who handled all of the finances or all of the debt is not solely in your name. Some spouses get an unexpected surprise when they see how many loans and credit cards are in their name.

Now is a good time to consult with your financial advisor and attorney to determine how best to handle your current financial situation and make sure your rights are protected during your divorce. Pay off any joint debt if you can. Make sure you keep up regular payments on all your revolving credit lines. Close any joint bank accounts and cancel any joint credit cards. Do this now, not when the divorce is final.

Create a budget for yourself so you can on paper how well you are managing your money and where you may need to change some of your spending habits. You may have to decide what you can do without if you find you have less money to work with than you’re accustomed to. Now is the time to establish a steady source of income and re-establish some positive credit for yourself. Open a checking and savings account for yourself and be careful not to overdraw the checking account. Whatever budget you design for yourself, be sure it’s one you can stick to.

Property Transfer After a Divorce

The divorce process can be a relative smooth one or one that leaves you emotionally and mentally drained depending on the events that led to the end of your marriage. It’s easy to breathe a sigh of relief once the Decree of Dissolution is entered, but you’re not done yet.

Even if you and your ex did not own property such as land or a house, there are still property issues to bring to a closure. These include bank, investment and retirement accounts and personal property that should be split. You need to close any joint accounts and open new ones in your name only. Keep a copy of all final statements or checks for any assets so that you have a paper trail should any questions arise later on. You may need to have a Qualified Domestic Relations Order prepared in order to split retirement assets, and should be prepared to enlist the aid of an expert to handle this for you. In addition you will need to have a Deed prepared in order to transfer any real estate, as well as titles to transfer ownership of any vehicles. Make sure all these documents are filed with the appropriate government agencies to ensure the transfer process is complete and avoid liability issues.

Personal property should be divided in the presence of both you and your former spouse with the exception of when a Restraining Order is in place. It may be beneficial to have a neutral third party present. You may want to make a list of the property being divided among you or take photographs or videotape the proceeding to avoid claims of property damage at a future date.