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Divorce Law Blog

Common divorce mistakes made by women

When it comes to divorce, statistics suggest that men and women approach the matter differently. In fact, one shocking statistic suggests that women make up 75 percent of all elderly people living in poverty, and that 75 percent of those women were not poor while they were married. This data should spur all Colorado women into making better decisions both within and after their divorce.

One of the most common mistakes that women make during divorce is to allow their emotions to guide the negotiation process. Rather than approach the matter in a business-like manner, they begin to feel stress and anxiety about issues of contention. Many women will accept less than what they are entitled to, simply in an effort to move beyond the negotiation portion of the divorce.

Act of domestic violence caught on GoPro camera

When an individual claims that he or she has been subjected to an act of domestic violence, it can be difficult to substantiate those claims in a Colorado court of law. Without any form of proof, the court is left to try and determine if the parties are telling the truth or giving false statements. This is a problem, because many abusers are aware that they will likely face no consequences if the victim is unable to prove that the incident took place. For one man, the only way to capture the acts of domestic violence that he suffered at the hands of his estranged wife was to wear a body camera.

The man, who is an Army Ranger, asserts that his wife has assaulted him multiple times. The couple are involved in a combative divorce and custody battle over their twin sons, who are 2 years old. According to the father, his wife has attacked him numerous times, so he began strapping a GoPro camera to his belt to film custody exchanges.

Don't let unpaid child support lead to an arrest

When a non-custodial parent fails to make his or her court-ordered child support payments, serious repercussions often follow. Parents who are encountering financial trouble can find themselves subject to fines, fees and even the loss of professional licenses. If child support payments fall into serious arrears, parents can be arrested and brought before a Colorado court of law. The end result can be jail time, which will only serve to further complicate one's financial scenario.

An example is found in one county in a southern state that recently went through a child support sting. Arrest warrants on 48 parents were served, and those individuals were taken into custody. This undoubtedly led to disruptions in their employment, as well as their family life. Each of these parents will now have to stand before a court to explain why they allowed their child support payments to fall behind.

Would you like your divorce records to be sealed?

The recent news of the divorce of a southern governor has made headlines in Colorado and across the nation. The matter is of interest not due to a scandal, but because the parties have successfully petitioned the family court handling their divorce to seal the records from public view. Many across the nation feel that if divorce records are public information for the "average" person, then no individual should be given exception to that rule. Others, however, feel that the end of a marriage is a private matter and want to learn if they can have their own cases kept from the public record.

Governor Robert Bentley and his wife of 50 years filed for divorce in August. They asked the judge to seal their records, asserting that the end of their marriage was a private matter. Furthermore, they argued that Robert Bentley's position as governor creates a situation in which sealing the records is in the parties' best interests. The court agreed, and as of the time of this report, only the parties, their legal counsel and officers of the court can access those records.

Facebook to be allowed in child custody case

A recent ruling concerning the use of social media within a custody dispute has set legal precedent in one state. Parents in Colorado and elsewhere are aware that social media can come into play within a divorce or child custody case, but states vary on whether information gleaned from those accounts can be used as evidence in court. In this case, one parent is asking the court to review the other's Facebook profile in order to determine how much time was spent away from the shared child.

Both parents are claiming that they provide the bulk of care for their shared 4-year-old son. However, the child's father claims that the mother has spent a significant portion of time traveling, leaving the boy in his care. Within her Facebook profile, she can be seen in cities across the nation, and in international destinations.

Terrence Howard's divorce settlement overturned in court

Many Colorado residents are familiar with the acting career of Terrence Howard. After being nominated for an Academy Award in 2005 for the movie "Hustle and Flow," Howard went on to achieve wide acclaim for his role on the hit television show "Empire." He has made recent headlines, however, for his highly contentious divorce case and his recent victory in court.

Howard entered into a divorce settlement with his second wife in 2012. The terms of that settlement were very generous toward his former wife. He claims that he only signed the agreement under duress, and that his former wife made various threats to extort money within the divorce process. In a recent hearing, a judge heard evidence that included a recorded phone call in which his wife threatened to sell personal information to the media if Howard did not pay her $40,000 by the end of that day. The payment was issued as requested and processed through Howard's accountant.

Ashley Madison hack could spur divorce filings

As news of the Ashley Madison hack spreads, many spouses in Colorado are wondering if their partner is among the millions of people whose information was stored on the site. Ashley Madison has made a thriving business out of offering clients an online means of connecting with partners for the purpose of conducting an affair. A group called The Impact Team hacked into the site and has now released information that identifies nearly 39 million individuals who signed up for that service. That information could lead to a short-term spike in the number of divorce filings in coming months.

For spouses who are concerned about whether their partner has participated in efforts to seek an affair, it is important to tread carefully. Many spouses will rush to check one of the many websites that have emerged to see if their husband or wife has used Ashley Madison or a similar site, and will confront their partner with any information recovered. This may not be the best course of action, however.

Building your divorce Dream Team

The process of moving through divorce is filled with a seemingly endless list of tasks that must be accomplished and choices that must be made. In order to reach the best possible settlement, Colorado spouses must make the choices that suit their needs and goals. This can more difficult than it sounds, and most spouses will benefit from having a team of professionals in place to help guide the overall divorce process.

Building one's divorce team begins with selecting an attorney to handle the legal aspects of the end of the marriage. It is important to choose an attorney who shares one's overall approach to divorce. For example, spouses who want to pursue a collaborative divorce would be a poor fit for an attorney who is known for his or her hard-line negotiating tactics and penchant for litigation.

Retirement savings factor into the division of marital assets

It is often the case that spouses in Colorado and elsewhere hold a number of misconceptions concerning the property division process. One of the most common involves the access that both spouses have to retirement savings. This is a topic that deserves close attention, since an unbalanced division of marital assets can have a number of negative consequences and can even prohibit an individual from retiring at the desired age.

When the bulk of retirement savings comes from the employment of one spouse, that spouse often feels as though he or she is the only party that should be able to retain those assets. In reality, however, retirement savings that were accumulated within a marriage are subject to division within divorce. The basis for this fact is the idea that the results of the joint effort of a married couple belongs to both spouses.

Win for family facing child custody battle with state

For parents in Colorado or elsewhere, few things are more stressful than interaction with the state's child protective services department. While social workers do a great deal of good work for communities and families across the nation, there are instances in which they simply fail to get it right. That appears to be the case for one family where accusations of child abuse have led to a child custody case in which a father's parental rights were challenged.

The case began when a father was holding his 11-week-old baby daughter on his lap. When the child began to slide off, her father acted quickly to prevent her from hitting a nearby coffee table, stopping her slide by catching the baby's face. The family sought medical treatment to ensure that the baby was not harmed, and the medical staff found evidence of bleeding between the infant's brain and skull.

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