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Denver Family Law Blog

Co-habitation in Colorado: what remedies do you have? (Part II)

Many couples may find themselves in a situation in which they have been living together, they may have acquired property together, or even contributed a significant amount of money to improving real estate listed in one or both parties’ names. But what happens if you break up and you had no written or oral agreement about who would move out,…

Co-habitation in Colorado: does it mean that you could be considered married? (Part I)

The number of non-marital, cohabitating couples has increased substantially in the past ten years and nearly equals, if not exceeds, the number of couples that are married. Many couples see cohabitation as a stage in the marital process in order to ‘test the waters’ in compatibility prior to getting married. Others choose cohabitation in lieu of marriage, based on their…

What happens to frozen embryos in the event of divorce?

With an estimated eight million children having been born using IVF, there is no question that in vitro fertilization (“IVF”) has served as a break through option for families struggling to conceive children. As medical and technological advances assist couples seeking to have children, courts have had to address the sensitive issue of determining which parent should receive fertilized cryogenically…

Common law marriage and same-sex couples

Common law marriage is a marriage that is recognized by a state, despite their being no formal marriage license in place. Most states no longer recognize common law marriage. However, Colorado is an anomaly and does recognize common law marriage, along with nine other states and the District of Columbia. Common law marriages are afforded the same legal obligations and…

Temporary orders: what are they and why might I need them?

When you are going through a divorce or child custody case, if no orders or agreements are in place regarding issues like parenting time, sharing of expenses, and temporary child or spousal support, it may become necessary for you to request a temporary orders hearing from the court. Colorado Revised Statutes 14-10-108 permits a party to request Temporary Orders “in…

Holiday parenting plans: defining and dividing Thanksgiving

Last week, we discussed the importance of having a detailed holiday parenting plan, when you are going through a divorce or a child custody matter. This week, we discuss how different families divide, share, and define Thanksgiving as a holiday in their parenting plans. There are two key components to addressing holidays in your plan: 1) defining the holiday (i.e.…

Holidays, vacations, and special events: tailoring your parenting plan to keep your family traditions intact after separation

Having a detailed parenting plan at the end of your custody proceeding or divorce matter is critical.  Once made a court order, your parenting plan governs all aspects of your co-parenting relationship and parenting time schedule going forward.  Parenting plans may be negotiated and agreed to by the parties, or, when agreement cannot be reached, they may be imposed by…

Colorado’s treatment of personal injury awards in divorce

Dividing property is a significant issue in any divorce or legal separation. It can be further complicated if one party has been injured and has a potential personal injury or workers’ compensation claim. While personal injury awards and workers’ compensation claims are similar in nature, Colorado courts treat them very differently. How Colorado courts handle personal injury awards in divorce…

Enforcing court orders in your family law case

You’ve gone through the long and difficult process of resolving your divorce or other family law case, but now the other party will not comply with the court order. Now what do you do? In family law, there are two primary mechanisms at your disposal. Determining the best method of enforcing your court orders will depend on the particular circumstances…

Businesses and divorce: how is a business valued in family law cases in Colorado?

Businesses come in all forms and sizes, each with their own unique arrangements and intricacies. A business may be an operating business, a silent investment, a holding company, or stock options, for example. Businesses may be owned and operated by the spouse(s) only, or with partners who are not parties to the divorce proceeding. If you and/or your spouse have an interest…

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