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Boulder Family Law Blog

Child custody and domestic violence in Colorado

For victims of domestic violence in Colorado who have children, one of the most troublesome thoughts is whether the child will have to spend time with the abusive person once the parent's relationship with that person is terminated. As odd as it sounds, there is a possibility that a parent accused of abuse could still be awarded parenting time or decision making responsibilities.

Of course, the main responsibility of the family court judge is to decide what is in the child's best interests. The judge has the responsibility to ensure the child is safe. The judge has to look at a variety of factors to decide what is best for the child.

Simplified divorce might be possible for some in Colorado

Anyone who is going through a divorce likely has felt the pang of dread that comes with the thoughts of having to battle with the person you once loved. People tend to think about the high-stress divorces that are highlighted in movies and on television. Not all divorces have to be on the "War of the Roses" level. Some divorces can be a joint effort to end a marriage.

In Colorado, people who don't have children and meet certain requirements can file for a simplified divorce. Since Colorado is a no-fault divorce state, one party simply has to say that the marriage is irretrievably broken.

Clergy moving away from legal marriages might affect family law

When some Christians get married, they turn to the pastor or priest of their church to perform the ceremony. In those cases, the pastor or priest usually officiates the ceremony and then signs the form that is filed with the government to legalize the union. Many Christian leaders, and Christians as a whole, are saying it is time for that tradition to stop. That, however, could greatly impact the state of marriage in Colorado.

The majority of respondents to a survey conducted by LifeWay say that marriage shouldn't be regulated by the state. Almost half say that the state's recognition of marriage and the religious wedding shouldn't be intertwined. A little over a third of pastors say that clergy shouldn't be involved in the licensing of a marriage.

Same-sex couples and Social Security benefits

As many of our readers know, Colorado is one of the states that has legalized same-sex marriage. This means that same-sex couples who are married and live in Colorado, regardless of where they were married, can enjoy the same rights and benefits as those who are in opposite-sex marriages in the state. One of these rights is to receive Social Security survivor benefits and spousal benefits for couples who qualify for the benefits.

For same-sex couples who are married in a state that has legalized the unions, Social Security benefits are available. Spousal benefits are reserved for spouses that have been married for one year. Survivor benefits are reserved for those who have been married at least nine months.

Can divorce kill my credit score if we have credit card bills?

When you are married and have credit cards, you probably don't think twice about will happen to those accounts if you get a divorce. Sadly, getting a divorce when you and your ex owe credit card debt is something that can ruin your credit. Our Colorado readers might be interested in learning a little about how a divorce can destroy your credit.

Is credit card debt divided during divorce?

The process for getting a divorce in Colorado

After reading through our blog, you probably know we fully understand that divorce is necessary for some people. We know that you didn't go into your marriage with the expectation that you would have to file for divorce. You probably didn't even think about things like how you would divide property or raise your children if your relationship ended. While divorce does have to take all of those things into consideration, it doesn't have to be a process that is overly stressful.

By knowing what to expect during the divorce process in Colorado, you might be able to take some of the stress out of the process. With that in mind, let us take you through some of the basics of the divorce process.

What is a common-law marriage in Colorado?

Some people in Colorado might have heard about the story of Iggy Azalea being served with divorce papers. That shocked some of her fans simply because she wasn't married. While that story didn't happen in Colorado, it does bring up an important aspect of relationships in Colorado since Colorado is one of the states that fully recognizes common law marriage.

What is common law marriage?

Same-sex couples must stay on top of changing laws

In last week's blog post, we discussed how the legality of same-sex marriage in Colorado is undergoing a lot of firsts. All of these firsts mean that the laws are constantly changing. Staying on top of all the changes, rulings and precedents being set can be a challenging undertaking. We understand that you might not have all the time in the world to keep up with everything going on when it comes to same-sex marriage and divorce.

If you are in a same-sex relationship that is falling apart, you might wonder exactly how all the changes going on might affect you. We can help you figure out how the changes will affect you if you end up going through a divorce. From creating parenting plans and working through child custody matters to figuring out how to divide assets and debts, we can help you learn about the laws so that you can make informed decisions.

Same-sex partners face changing laws in Colorado

With all the news about same-sex marriages, some of our Colorado readers might be wondering how the latest developments will affect people in the state. The answer is simple, but it is also complicated. With the order of the Attorney General John Suthers, all 64 county clerks in the state have to issue same-sex marriage licenses. This means that courts will also have to deal with same-sex divorce cases. There are some other aspects to same-sex couples that are also affected by the acceptance of same-sex marriage.

Since 2013, Colorado has issued civil unions to same-sex couples. That is one thing that isn't changing because of the acceptance of same-sex marriages. Couples who want civil unions can still get those, and couples who are already in civil unions can remain in those.

Virtual visitation might solve some child custody issues

For parents who don't have primary or physical custody of their children, spending time with the children might be difficult. The problem is sometimes made even more difficult if the child's custodial parent doesn't live near the non-custodial parent. In the past, the non-custodial parent might have had to deal with only getting periodic phone calls from their child. With the changes in technology that are occurring on a rapid basis, it is now easier for non-custodial parents to be an active part of their child's life. Our readers in Colorado might like to know how virtual visitation works and how it can help the parent and child.

Virtual visitation is a method that parents can use to spend time with a child when actually being with the child in a physical manner isn't possible. This can involve sending emails or having video chats with the child. Other forms of digital communication are also possible, such as texting or chatting via social media.

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