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Colorado Springs Family Law Blog

Tips for creating a solid parenting plan

It is more common than ever for both parents to share in parenting responsibilities after divorce. As such, many parents across Colorado will find themselves making decisions together and splitting custody for several years.

In these situations, fights and disagreements can arise. To resolve these difficult matters and prevent them from causing unnecessary strain, you should have in place a solid parenting plan that provides valuable direction. Below are some tips on what this entails.

Understanding property valuations during divorce

When you are dividing assets during a divorce, it can be very difficult to come to a complete agreement on how assets should be valued. There is likely to be a great deal of assets of sentimental value in the mix; therefore, it can be difficult as a divorcing couple to be objective on these issues.

This is why it can be a smart and helpful option to look into professional valuations. This can help you allocate assets and organize things in a fair and sensible way.

Relationships and active deployment

When you are called to active duty, it can be a stressful time for both you and all of your family. You may find yourself being more worried for your loved ones than you are for yourself, and you are understandably likely to dread the time away from them.

There are ways that you can plan for and become emotionally prepared for active deployment. Whether you are married with children, have a domestic partner or are a single parent, it is possible to prepare loved ones for the future.

Divorce and military pensions

Going through a divorce is difficult for anyone, but military personnel and their families have specific issues. One of them is a military pension and other benefits.

Colorado law generally considers all pensions and benefits to be a divisible asset, which is to say it is to be shared. But there are very specific requirements in the case of military pensions which require a divorce attorney with experience.

Your military family care plan in Colorado

Going through the process of allocating child custody is tough on any family that is going through a divorce. However, as a parent that is a member of the military, the issues brought up can be even more challenging.

There are additional complications, such as being away from the home environment for an extended period of time, that can have an impact on child custody rulings. The following are some legal issues relating to child custody and family care plans that you should be aware of as a member of the military.

The grandparent adoption option grows in the country

An increasing number of U.S. children are living with grandparents whether it be multiple generations under the same roof, foster care or – in some cases – adoption.

In 2015, about 2.9 million children lived with grandparents, a 16 percent increase compared with a decade earlier.

The new tax law and its impact on alimony

For the past 75 years, there has been a tax deduction on the books for those who pay alimony. With Congress's recent passage of sweeping tax reforms, that deduction will become a thing of the past starting in 2019.

As the law stands now, the spouse who pays alimony can deduct the entire amount from his or her taxes. The spouse receiving the alimony must pay income taxes on the full amount. For any divorce or separation agreement, though, that is finalized after Dec. 31, 2018, the paying spouse will no longer be able to deduct it and the other spouse won't have to pay taxes on the alimony he or she receives.

Watch out for one ugly domestic violence trick during divorce

Domestic violence is often complicated. It can take a long time to sort through everything, especially when there are not any witnesses. At the same time, domestic violence certainly plays a role in divorce cases.

As such, some people are using it as a tool to get their way. It may all be a set up. According to one divorce expert, it works like this:

  • A fight between the couples occurs.
  • The person who started it calls the police and claims to be the victim.
  • When the police arrive, that person strives to be calm and convincing. The spouse is then arrested.
  • That spouse may be financially dependent on the other spouse. After the arrest, with that support gone, it's harder to fight the charges.
  • The spouse who called the police is very aggressive in seeking charges, even if the other person wants to drop it.
  • When the two go to get divorced, the spouse then uses the domestic violence case as a reason why he or she should get custody of the kids. It can be argued that there is a pattern of abusive behavior or that the kids would not be safe.
  • If a conviction has been made, it's very hard to overcome that during the split.

Using mediation to complete asset division

One of the most difficult aspects about divorce is often the fact that two people who used to be close no longer see eye-to-eye. Statistics show that in 75 to 90 percent of all divorces, one person initiated the divorce while the other spouse wanted to remain married. This, of course, creates a very hostile and unhappy environment from which to start the process of dividing assets.

During the pre-divorce stage, often referred to as the deliberation period, the spouse that eventually initiates divorce usually experiences feelings of isolation, alienation, resentment and disillusionment. This can turn into anger, which then often motivates the person to file for a divorce.

Representing yourself in divorce? You can still get legal help

During our years of providing family law services to Colorado residents, we have fielded many questions about the possibility of representing oneself in divorce proceedings. While it is possible to proceed in this manner, it is important to learn how this process works and whether you are a good candidate for this solution.

In Colorado, a self-represented divorce is simply another way of saying you are getting an uncontested divorce. The main benefit of this option is that the entire process occurs without having to attend a court hearing. As you might expect, this solution can only work when certain conditions are present.

  • The couple must have no minor children
  • At least one spouse must have resided in the state for 90 days or more
  • Property division is not an issue

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