Recent Posts in Divorce Category

  • Property - What is Separate, what is marital, and what is a gift to the marriage?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    20 Apr. 2018

    Divorces divide all assets and debt accrued or incurred during the marriage. However, some assets or debts my not be considered marital and therefore not be divided. Determining whether an asset or debt is marital or separate is a major point of contention for many divorcing couples. Martial property is any property that was acquired by either spouse during the marriage. It is irrelevant which ...
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  • The New Tax Cuts and Jobs Act (H.R.1) will affect Colorado Divorces and Legal Separations.

    Posted By Jorgensen, Brownell & Pepin, P.C.

    9 Feb. 2018

    Under current law, payments of maintenance (spousal support) are tax deductible to the payor, and are taxable as income to the recipient (payee). In the recently approved bill – Tax Cuts and Jobs Act (H.R.1) – this provision is soon to be abolished. This change goes into effect for dissolutions filed after December 31, 2018. Prior to H.R.1 under IRS Sections 61(8) and 71, maintenance ...
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  • What to Do Before My Ex Takes Our Child on an Out-of-State Vacation

    Posted By Jorgensen, Brownell & Pepin, P.C.

    22 Aug. 2017

    As an adult, you are probably accustomed to traveling whenever you want, however, if you share custody of a child, going out of state can be a little more tricky. Depending on your child custody plan, a parent may have to ask permission before leaving the state or country with a child and there may be restrictions on how long they can go on vacation. If your ex-spouse wants to take your child on ...
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  • What to Do if the Child Custody Plan Is No Longer Convenient for Our Child's New School Schedule?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    8 Aug. 2017

    A new school year can mean an entirely different schedule and more extra-curricular activities for your child, but what does it mean for your existing child custody plan? Working with your child’s other parent is the easiest way to modify your parenting plan and custody schedule, however, they may be reluctant to cooperate. These are some tips to avoid a child custody conflict during ...
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  • Step-By-Step Guide to Filing for Divorce

    Posted By Jorgensen, Brownell & Pepin, P.C.

    11 Jul. 2017

    Divorce is never the goal, but sometimes it is inevitable. Lack of communication, money issues and infidelity can lead to separation, but what’s the first step you need to take to begin your divorce? While you may be able to file for divorce on your own, children, assets and angry spouses can complicate the process. For this reason, we suggest reaching out to our Longmont divorce lawyers at ...
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  • Why is It Important to Hire an Attorney Before Agreeing to a Prenuptial Agreement?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    18 May. 2017

    Despite their unromantic reputation, prenuptial agreements are a necessity in today’s world. As you embark on your journey of starting a new life with someone, the last thing you want to think about is the possibility of your marriage ending before its begun. However, prenuptial agreements are simply a pragmatic way of helping both you and your future spouse enter into a marriage with peace ...
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  • What Should I Do if My Ex Violates the Child Custody Agreement?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    11 May. 2017

    Court orders are to be taken incredibly seriously, which is why it is a serious issue if your ex violates the existing custody order. This happens most commonly if your child’s other parent fails to drop of your child at the designated time, fails to pick him or her up, or otherwise breaks the rules of the agreement. If your court order is being violated, there are a number of steps you can ...
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  • Types of Alimony

    Posted By Jorgensen, Brownell & Pepin, P.C.

    4 May. 2017

    Alimony, otherwise known as spousal maintenance in Colorado, can either be short-term, long-term, or permanent. These payments are made periodically, on a monthly or bi-weekly basis, for the specified amount of time. Permanent alimony is becoming something of a rarity, though the term is sometimes used in reference to any spousal maintenance orders that extend beyond the final date of dissolution. ...
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  • Rebuilding Your Social Life after Divorce

    Posted By Jorgensen, Brownell & Pepin, P.C.

    19 Mar. 2017

    After your marriage ends, there are a lot of significant changes to adapt to, whether they are financial, physical, emotional, or social. Most divorcing couples are so focused on getting out of their current situation, they don’t realize the aftermath can be difficult to cope with. While you once spent your weekends with your children and spouse, you are now finding yourself home alone with ...
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  • Dos and Don'ts of Divorce

    Posted By Jorgensen, Brownell & Pepin, P.C.

    15 Mar. 2017

    Financially, divorces are complicated. They can drain all you’ve worked hard for, leaving you in a much worse situation than ever before. This is why it is important you head into a divorce as prepared as possible, anticipating the worst. Even if you and your future ex-spouse are as amicable as can be, you can never predict when things can take a left turn--which is why our Longmont family ...
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  • How is Child Custody Determined?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    27 Feb. 2017

    When a marriage comes to an end, parents must decide how to divide their family and household in two. The most legally and emotionally difficult part of this undertaking is often determining child custody. If you are a divorcing parent, it is critical to understand how the process works and who has the final say in where your child will live. A principle concept in all custody disputes is that ...
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  • What in the World Are These Required Disclosures?

    Posted By Jorgensen, Brownell & Pepin, P.C.

    14 Feb. 2017

    Colorado Rules of Civil Procedure 16.2: What does it mean for your case? If you file a motion in domestic court, you will most likely be told to create a financial affidavit and comply with Colorado Rules of Civil Procedure (“CRCP”) 16.2 disclosures. CRCP 16.2 applies to all domestic relations cases. The purpose of CRCP 16.2 is to create a uniform procedure used to resolve issues ...
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  • Social Media, the Internet and the Law - Part One - Divorce and Custody

    Posted By Jorgensen, Brownell & Pepin, P.C.

    3 Feb. 2017

    Social media is everywhere these days, and people are constantly on their phones, texting, sharing photos on Instagram and Facebook, or sharing their opinions on Twitter. Many people use social media to vent their frustrations and seek advice. This has become the norm for many. While having instant access to information can be a wonderful thing, using social media, email, and text messaging can ...
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  • Joint Decision Making and Communication

    Posted By Jorgensen, Brownell & Pepin, P.C.

    17 Aug. 2016

    When it comes to successful co-parenting and shared decision-making, communication between parents is key. Coordinating schedules and exchanging children isn’t always easy, especially if you and your ex have communication issues. The Courts want you and your ex to be able to resolve as many issues on your own as possible, without needing the Court to intervene. One way to communicate ...
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  • Domestic Violence and Custody

    Posted By Jorgensen, Brownell & Pepin, P.C.

    24 Jun. 2016

    The Courts and legislature take domestic violence very seriously. In 2013, the legislature expanded the definition of domestic violence as it pertains to domestic issues of protection orders, parenting time, and decision-making responsibilities. The expanded definition of domestic abuse includes physical threats of violence and harm, mental and emotional abuse, financial control, document control, ...
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  • Retirement Plans in Divorce

    Posted By Jorgensen, Brownell & Pepin, P.C.

    31 May. 2016

    In divorce agreements and orders, marital assets and debts are divided equitably (fairly, but not necessarily equally) between the parties. This includes retirement accounts. Retirement plans are categorized as either defined benefit or defined contribution plans. A defined benefit plan identifies the specific benefit that will be payable at retirement. There is no specific amount attached to the ...
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  • Information on Completing Financial Disclosures

    Posted By Jorgensen, Brownell & Pepin, P.C.

    7 Apr. 2016

    Once a dissolution of marriage action has been filed, one of the first items due to the court is a Sworn Financial Statement (SFS) along with a number of financial disclosures that need to be provided to the other party. You may not want to give anything to the other side now and you may think they should already have the information. However, this is a requirement and it is essential that the SFS ...
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  • Parental Alienation

    Posted By Jorgensen, Brownell & Pepin, P.C.

    29 Feb. 2016

    In divorce and custody, emotions run high and often one side turns against the other. But what happens when one parent turns their child against the other parent? Parental alienation. What exactly is parental alienation? According to experts, it is a group of behaviors that are damaging to children’s mental and emotional well-being, and can interfere with a relationship of a child and either ...
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