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Woodland Park Family Law And Estate Planning Law Blog

Can Colorado courts award alimony during divorces?

In Colorado, alimony is called maintenance and it is money paid from one party to another after a divorce. Maintenance is permissible in the state but certain factors will dictate if a court will award it. Some of the factors relevant to the court's decision-making process will be considered in this post, but readers should talk to their family law attorneys about their maintenance questions.

One of the most important factors that a court will look at when the parties to a marriage begin their divorce and one requests maintenance is the length of the couple's marriage. If a couple was married for only a short amount of time, a court may be less likely to award maintenance as the requesting party presumably was able to support themselves before they walked down the aisle. If a couple was married for decades, it may be more difficult for the requesting spouse to find a job and therefore they may truly be in need of financial help.

Eulogy for My Mother

Madelyn Headshot.jpgMy mother died on Sunday, the 9th of September. She was almost 88 years old. She and my father had been married for nearly 67 years at the time of her death. She was the last of her immediate family to die, and she was proceeded in death by her parents and her two sisters. Her passing was not unexpected, but it was still like being punched in the stomach.

A living will may be part of a Colorado resident's aging plan

Wills are testamentary documents that do not become relevant until the individuals who created them pass away. In a will a person may describe how they want their heirs to benefit from the decedent's end-of-life wealth and how their property should be disposed of. However, there is another type of will that Colorado residents can benefit from having in place, and this form of will is relevant during the creators' lives.

Living wills are legally binding documents that outline who may make important health care decisions for individuals if those individuals are unable to do so on their own. For example, an aging individual may name their child or other trusted loved one with the task of managing their health care needs if the individual becomes infirm or otherwise loses their capacity to make informed decisions about their own health care needs.

The Best Thing to Come Out of Colorado

Headless Chicken.jpgNo, it's not what you think...the best thing to come out of Colorado has nothing to do with Coors beer, marijuana, or the Rocky Mountains. For those of you in the know, the best thing to come out of Colorado is clearly "Mike the Headless Chicken," also known as "Miracle Mike," a chicken forever immortalized in the song, "Headless Mike."

Defining parental responsibilities after a Colorado divorce

The state of Colorado refers to child custody matters as "parental responsibilities." Like in other jurisdictions, parents in Colorado can share physical and legal responsibilities with regard to their children or one parent may be granted these responsibilities if conditions warrant it. Colorado judges are tasked with determining the best interests of the children whose cases appear in their courts and establishing parental responsibility plans that meet those interests and needs.

For example, in one family situation a parent may travel extensively for work and it may be disruptive to the child to spend sporadic time in that parent's household. Rather than giving the parents equal physical time with the child, the traveling parent may be granted visitation with the child while the other parent is charged with the primary physical care of their shared offspring. In another case, parents may live near each other after their divorce and may easily be able to transfer their child between them; in such scenarios parents and children may thrive in shared physical arrangements.

Do I have to allege fault to get a Colorado divorce?

In generations past a person had to make claims of wrongdoing against their spouse in order to secure a divorce from them. These claims could include allegations of adultery, abuse or any number of other undesirable behaviors that may put significant strain on a marital relationship. While these accusations of fault may have provided clear grounds for why certain individuals wanted to be released from their marital relationships, they may have also been embarrassing or difficult to prove in Colorado courtrooms.

Now the Colorado courts only require that individuals seeking to divorce plead that their marriages are irretrievably broken. An irretrievably broken marriage is one that cannot be fixed and that is therefore appropriate to end through the legal process of divorce. Pleading the irretrievable breakdown of a marriage does not force a person to discuss the potentially personal or ugly elements of their marriage in court and may permit them a more dignified end to their relationships.

Preventing family conflicts regarding estates

People may have many hopes regarding what will happen with their estate upon their death. One common hope is that the distribution of their estate will go smoothly and to their wishes. Among the things that could keep such a hope from becoming reality are family conflicts.

There are a wide range of things family disputes can arise over in connection to an estate, such as who gets what. These conflicts could complicate the probate process and deplete assets from the estate. Just how big of a problem such disputes can present is seen in a recent survey of estate planning professionals. In the survey, 44 percent of the polled professionals said that the biggest estate planning threat out there was the threat posed by family disputes.

Is paying spousal maintenance mandatory in Colorado divorces?

Sorting out the financial complexities of divorce can be frustrating. In Colorado, neither spouse is automatically entitled to spousal maintenance, also known as “alimony” or “spousal support.” Depending on your income, this could make matters easier or more difficult as you prepare to manage your finances after divorce.

Eliminating the Medical Expense Deduction Would Seriously Harm People Who Are Chronically Ill

Another important announcement from NAELA.  This would have devastated us in caring for my mother-in-law! -------------------------------------------------------------------------------------------------------------------- Older man kissing sick wife

The House Republicans tax proposal introduced today ends the medical expense deduction. This change will cause major harm to individuals and families trying to pay for the catastrophic costs of long-term services and supports (LTSS).

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