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Denver Family Law Blog

How Your Vacation Home Can Further Complicate Your High-Asset Divorce

When times were still good, you and your spouse were probably overjoyed to purchase that vacation home in the mountains of Colorado or that oceanfront property in California. But unhappily, your marriage is on the rocks. You are contemplating divorce, and that vacation property is a high-value asset that will soon be causing headaches instead of smiles and holiday memories.

Equitable Distribution and Your Vacation Property

Colorado is an equitable distribution state. This means your marital property will be distributed as "fairly" as possible. This does not equate to 50/50 distribution. Instead, many factors come into play to determine what is fair, also termed "just and equitable". Essentially, it means ownership of that vacation home is likely up in the air if a court is made to decide.

Adoptions are beautiful events that change many lives

Our previous blog post was dedicated to stepparent adoptions. Those are one very special type of adoption that can occur, but it isn't the only type. Many adoptions that occur are those of adults who want to raise a child but are unable to have one of their own or who want to add more children to their present family. We can help people who are venturing into adoptions of any sort so they can protect themselves while they embark upon this beautiful journey.

When you are considering an adoption that isn't a stepparent adoption, you will have to determine what type of adoption you are comfortable with. Understanding the various types of adoptions that are possible and how each one will affect the future is crucial at this point. We are here to give you the information you need so you can evaluate each type of adoption.

Stepparent adoptions serve an important purpose

A stepparent plays an important role in a child's life, especially when the stepparent is with the child for the majority of the time. When the only biological parent who is in the child's life is the one who is married to the stepparent, there is a chance that the child relies heavily on the stepparent for support, love, and raising. Some stepparents want to take steps to make the relationship between them and their stepchildren more official.

Stepparent adoption is something that is possible for many families. Making the decision to adopt their stepchildren is a big step for the stepparent. It means that the stepparent is legally acknowledging his or her desire to take care of the child financially, physically, mentally, and emotionally.

Protect your right to spend time with your child

The time you spend with your child is precious time during which you can make memories. If you and your child's other parent aren't in a relationship any longer, you might be worried about how you are ever going to be able to spend enough time with your child. The answer to that conundrum is that you can seek a court order for child custody and visitation.

We know that having to get a court order to see your child on a regular basis might seem like a horrible event. You should realize that even if you and your child's other parent are on good terms, things can turn sour quickly. A court order for child custody and visitation can provide you and your child with the protection that is necessary to ensure you can see each other.

Do you understand the types of child custody?

As you move through the divorce process, you may have many questions pertaining to child custody. It doesn't matter if you have one child with your former spouse or several, you need to know how custody is determined and what you can do to put yourself in a better position.

The primary thing to remember is that the court always takes into consideration the best interests of the child. In part because of that tenet, joint custody is generally the most common type. With this, there is shared legal custody, even though only one parent is the physical custodian of the child.

Managing High Emotions In A High Asset Divorce

While divorce almost always invites a certain amount of emotional turmoil, high asset divorce cases often take this turmoil to another level. Although exact definitions of what it takes to be considered a High Net Worth Individual (HNWI), one common baseline is those with a liquid net worth of more than a million dollars. Whether a person has that much money or a little less of more, it's likely that it has brought them a certain amount of comfort and convenience in their lives that they do not want to give up. In some cases each person involved in the high asset divorce only wants to make sure they get their fair share and minimize any change to their lifestyle. In other cases they want to hold on to as much money as they can, at the expense of the other person. And sometimes they are barely money motivated at all. They just want out of the marriage and to move on with their lives. All of these emotional reactions can lead to people making crucial mistakes in the course of the divorce process that are not in their best interests. Here are some considerations that a person going through a divorce needs to consider carefully as they plan their case with their attorney.

Divorce may be higher during these times of year

Seasonal patterns of human behavior are a common topic for many researchers. According to a presentation by a sociology professor from the University of Washington, there is "evidence of a seasonal, biannual pattern of filings for divorce."

A press release about the research noted that divorce filings between 2001 and 2015 in Washington state peaked after the winter and summer holidays -- in March and August. The researchers also studied data from Ohio, Florida, Arizona and Minnesota and found that in these states -- which have similar laws regarding divorce, but different economic conditions and demographics -- the patterns were similar.

What You Should Know About Denver Child Custody Law

In Denver, the courts use the term "parental responsibilities," instead of "custody." "Parental responsibilities" covers parenting time and decision-making responsibilities involving children. Deciding the amount of time the child will spend with each parent as well as deciding who will be responsible for making legal decisions for the child is known as "allocation of parental responsibilities."

Denver courts use the term "parenting time," rather than visitation. It is the division of time your child spends with you and your ex-spouse. Generally, one parent is assigned parenting time by the court, while the other parent is designated the "primary care parent." The "primary care parent" is the one with whom the child spends most of their time.

Can recordings be used in court?

Domestic violence cases are notorious for being he-said-she-said situations. Both victims and those falsely accused may wonder if recording phone conversations or in-person interactions could help their cases. However, recording or videotaping someone without their consent can actually lead to criminal penalties in the state of Colorado, so it's important to be aware of the laws and limitations.

When it comes to recording conversations, you only need the consent of one party. This means that if you are talking to the other person and are recording the conversation, that's legal because you know the conversation is being recorded. This also applies to in-person, over-the-phone and electronic communications, such as texts or emails. What's not allowed is if a third party records the conversation without you or the other person's knowledge.

Every aspect of your life is impacted by divorce

The reasons for divorce are as varied as the seasons. What matters when a couple is getting a divorce is that they get everything taken care of in a timely manner so that they can move on with life. This can be difficult for some people because of complex divorces. In our previous post, we discussed how men who are unemployed are more at risk for getting a divorce. Those cases, as well as cases that involve unemployed wives, can prove complex because of the property division, child custody, child custody and possibly alimony considerations of the divorce.

We know that when you are ready to be done with your marriage that you don't want to have things drag out. We work to get your marriage dissolved in a timely manner so that you can move on with other aspects of your life that have been on hold because of the divorce.

Law Offices of Rodger C. Daley
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Denver, CO 80203

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