divorce

Divorcing a Narcissist: Practical Steps for Survival

Divorcing a Narcissist: Practical Steps for Survival

Take The High Road: When a narcissist gaslights you, take the high road. Although it might be tempting to engage in pettiness or manipulation, responding with neutral communication not only benefits your own mental health but also shows the judge that you are the more reasonable party. Rather than succumbing to an emotional response, remember to stay calm and focus on the facts. For example, focusing on what is best for the children, rather than battling for the sake of winning, highlights your credibility. Judges want to see parents who can set aside their differences, do what is right for the children, support the other party’s parenting, and respond calmly in the face of aggression. Every email, text, Facebook, or Instagram post is a potential…

Five Things To Consider Before You Decide To Keep The Marital Home

Five Things To Consider Before You Decide To Keep The Marital Home

In the vast majority of the cases we see involving children, at least one party wants to keep the marital home. After all, the family home often carries significant emotional ties and memories. It is also a place of comfort for most children. But doing so might not be as easy as you think, or the most practical decision. With that in mind, here are five things to consider when deciding whether to try to keep the marital home in your divorce. In dividing the marital estate, the goal is to fairly divide your assets and debts. Generally, this means that both you and your spouse should be walking away from the marriage with approximately 50% of the total marital estate. If you have multiple…

Collaborative v. Traditional: What Type of Divorce is Best?
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Collaborative v. Traditional: What Type of Divorce is Best?

For those considering engaging in a Collaborative divorce instead of pursing the traditional, litigation-style divorce, there are several differences you should be aware of. The Collaborative divorce model acknowledges that not every divorcing couple wishes to inflict as much damage as they can in a litigated process. Below are eight key differences between Collaborative and traditional divorces:  Not every case is right for the Collaborative process. In some cases, a party will need to have the court involved early to ensure full disclosure of financial information. In other cases, the Collaborative process may be a more expensive option than a traditional divorce. However, Collaborative divorce is an excellent option for families wishing to avoid the collateral damage of traditional divorce. Example of cases where Collaborative…

6 Tips To Avoid An Expensive Divorce

6 Tips To Avoid An Expensive Divorce

I get it, divorce is expensive. The higher the conflict, the higher the fees. So, with this in mind, here are some tips to keep costs as low as possible during your divorce. 1. If you and your soon to be ex-spouse are on amicable terms, don’t have parenting disputes and do not have complex financial issues, it might be worth trying to figure things out between the two of you rather than hiring attorneys. There are forms and instructions available at www.courts.state.co.us/forms. You will still have to pay court filing fees and the like, but if you are successful resolving your issues without having to engage attorneys, it will be significantly less expensive than the alternative. 2. Be thorough when choosing your attorney. Depending…

Traveling with Children After Divorce

Traveling with Children After Divorce

So, you are getting divorced, or you’ve already received your Decree, and you want to take your kids on a trip? Regardless of whether you are in the process, or have already received your final Decree, traveling with children will be somewhat different than it was before the divorce started. For example, once the divorce or legal separation action is commenced in Colorado, you and your spouse are both subject to a rule known as the “Automatic Temporary Injunction,” which, among other things, prohibits either of you from taking the children out of state without the permission of the other parent. In addition, once the divorce starts, you should be communicating about any overnights the children will spend away from home during your parenting time….

The Ups and Downs of Dividing Airline and Hotel Points in a Divorce

The Ups and Downs of Dividing Airline and Hotel Points in a Divorce

I get it. Your spouse is a workaholic who has travelled for work throughout your marriage while you stayed home to raise the kids. It can be galling. Especially if their absence has contributed to the demise of your relationship. That said, there is a silver lining to all that travel now that your marriage is wrapping up. Many people who travel for work are able to accumulate substantial airline and hotel points, even when their employer reimburses them for their travel costs. In addition, some employers permit employees to keep the miles they accrue on corporate credit cards. Airline and hotel points, as well as credit card and loyalty award points acquired during the marriage, are marital property divisible in divorce in Colorado. Depending…

Four Things to Consider if You’re a “Disneyland Parent.”

Four Things to Consider if You’re a “Disneyland Parent.”

Who doesn’t love a good trip to the Magic Kingdom? It is, after all, the happiest place on Earth. So, why has the phrase “Disneyland Dad” come to be so derogatory, and what can be done about it? A Disneyland parent is the parent who does not have primary custody of the children after a divorce and who, in the limited time they have with the children, attempts to make up for their lack of involvement by indulging their children’s whims, giving them gifts, taking them on special excursions, and generally avoiding anything – including imposing limits or discipline – that could make their child unhappy. This strategy has the effect, whether intended or not, of painting the other parent as the “mean” parent by contrast. In…

The Real Estate Divorce – What You Need to Know

The Real Estate Divorce – What You Need to Know

By Kristi Anderson Wells, Esq. Unique issues arise in divorce when income-producing real estate constitutes a portion of the marital estate. We often see cases where the value in the marital estate is held in companies that own real estate, sometimes in a single real estate holding company, sometimes held in a series of entities with different investors in each entity. Sometimes the entities contain development projects that are in progress, sometimes they own existing office buildings, residential long or short-term rentals, retail strip malls or warehouses, and in some cases apartment buildings. In one divorce during the last downturn, the marital estate was made up almost entirely of hundreds of millions of dollars of “broken” condominium projects which the real estate investor had acquired…

Client Choices: Full Representation or Limited-Scope Representation?

Client Choices: Full Representation or Limited-Scope Representation?

Most people are aware of the traditional model for attorney assistance, Full Representation, in which an attorney represents a client in all aspects of the case until the process is complete. Alternatively, a non-traditional option for attorney assistance is Limited-Scope Representation, also known as “unbundled legal services” or “consulting-only” legal advice. Full Representation In Full Representation, the attorney and the client sign an Engagement Agreement that includes the fee arrangement, general process the attorney will perform, and expectations for the attorney and the client until the case is complete. Full Representation involves the attorney taking the lead in drafting and filing court documents, negotiating with opposing counsel, and appearing in court and mediation. Under a Full Representation arrangement, the attorney enters his or her appearance in…

Live Forever or Die Trying: Life Insurance After Divorce

Live Forever or Die Trying: Life Insurance After Divorce

In many divorces, the issue of life insurance can be overshadowed by more immediate concerns, such as the division of the marital estate, parenting time, spousal support (“maintenance”), or child support. However, the proper handling of life insurance policies can ensure predictability for both spouses and peace of mind that children will be raised in a financially stable environment until they become adults.  Types of Policies Many types of life insurance policies, including whole life and universal policies, accumulate cash value over the life of the policy. Prior to payment of the death benefit, a portion of each premium payment becomes accessible to the policy owner as the cash value. In Colorado, an insurance policy with cash value that has built up during the marriage is considered an…