Name Change After Divorce

Changing your name after a divorce became easier in Colorado last year. The relevant statute is C.R.S. §14-10-120.2.  One of the goals of the law, which became effective September 1, 2016, was to allow you the time you need to decide whether to change your last name. A name change affects your social security, your professional licenses, and more. The process is simple if you have been divorced in Colorado. To restore your previous name, such as your birth name or “maiden” name, all you have to do is file a Verified Motion and Affidavit for Name Restoration After Dissolution of … Read more

What to Do When You’ve Been Served

First – take a deep breath. Yes, it’s upsetting to be served with legal papers. The best divorce or legal separation is going to be difficult and painful. The truth is that there is no way to avoid the emotional hurt that the end of a relationship causes. This is a hurdle like many others that you have already faced in your life. Now it is time to get information and move forward. Second – you have time to make decisions. Do not panic. Definitely do not take any immediate action you will later regret. Avoid threats, ugly voicemail or … Read more

What Happens to My Pet?

Intro Many people express great concern over what happens to their pet in a contested divorce. This can be particularly worrisome if the relationship has been abusive and one party fears for the safety of the pet. In that event, Colorado law provides some special protections. One state, Alaska, has now codified the rights of parties about their family pets upon dissolution of their marriage. The law became effective in January of 2017. If you want to read the text of their statute please check the Alaska State Legislature HB 147 which was signed last October. Colorado Law In Colorado our … Read more

Parenting Time Disputes

Parenting Time Disputes

When the parents disagree, trouble follows. If you are getting sideways with the other parent about parenting time, try first to work it out. An amicable solution may seem “pie in the sky” but please try in good faith. Keep copies of all your communications. Parenting Time Disputes There are a number of common scenarios that result in parenting time disputes. It may be that one parent consistently drops a child off late. Or perhaps one parent is consistently refusing to comply with a holiday or vacation parenting time schedule. Sometimes a parent consistently schedules extracurricular activities (like club soccer) on top … Read more

Child Support Enforcement

Child Support Enforcement

Are you having trouble collecting the child support due to you? This article should help! First Steps You will need to gather up your paperwork: find your most recent Child Support Order. If you are paid through the family support registry, get a print out of payments. Figure out how much is due to you, and what day it was due. Be sure to check whether the amount of child support due to you changed at any point. Has interest accumulated? The statute is 12% compounded monthly beginning as the date the payment was due. Software is essential to make … Read more

Community Resources for Divorcing Parties

Community Resources for Divorcing Parties

Legal System Resources The Colorado Judicial Branch Website has invaluable information. Look here for forms and instruction for use of the forms. There is also a section with Educational Resources which has material on the legal system and the Colorado Judicial Learning Center. You can also find brochures on child support enforcement, parenting time, restraining orders, Family Mediation, Paternity, and more. Each judicial district has a self-help center staffed by a self-represented litigant coordinator, aka “Sherlock.” The self-help center will contain all kinds of forms for self-represented parties, as well as videos and other instructions on how you might proceed on … Read more

Contempt of Court

Contempt of Court

Colorado Rule of Civil Procedure 107 (C.R.C.P. 107) governs contempt proceedings in Colorado. Carefully review and learn that rule. Chances are, you are working with indirect contempt that happened outside of the courtroom. Be sure about which type of contempt you are bringing and what relief you are asking the court to impose. Direct versus Indirect Contempt It is not very often that direct contempt occurs. Once, a very well-respected Judge in Colorado had a young man appear before him in a shirt that said, “F— you.” The real word was printed on his shirt, but for decency here, you know enough. … Read more