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Highlands Ranch Family Law Blog

Therapists claim there is one key sign a divorce is more likely

Couples who decide to enter into a marriage likely have expectations that their relationship will last throughout their lives. Unfortunately, over time, people often change and may realize that a marriage is no longer sustainable. Colorado residents who have come to this conclusion may have experienced feelings of hopelessness that professionals claim is one of the key signs that a divorce is inevitable.

Marriage counselors and therapists have discovered that those who are content in their relationships generally maintain a more positive outlook on life and situations that may be difficult. However, if the marriage is no longer supportive or affirming, then one's feeling about the relationship tends to become hopeless. Studies have shown that those who are in a marriage that seems devoid of happiness or comfort tend to suffer from an overall hopelessness about every aspect of their lives.

4 reasons to withhold a security deposit

Landlords deal with many frustrating situations. Many tenants are unaware of the challenges that come with running a rental property. You interact with various personalities, juggle multiple tasks at once and try to keep everyone happy.

Unfortunately, despite your best efforts, a tenant might not follow the terms of the lease agreement. As a result, things may need to be fixed. While security deposits are usually given back at the end of a lease, there are some legal reasons why you should hold onto it, which includes:

General guidelines for parental visitation rights after divorce

Before 1999, the general terms that were used to refer to child custody and the time spent with a non-custodial parent were sole custody and parental visitation. There has been a concerted effort to ensure that children are permitted as much access to both parents as possible after a divorce or separation. Colorado has updated its laws to reflect the idea that children benefit the most from shared time with both of their parents.

The term "visitation" was changed to parenting time and refers to the time that a child spends with a parent. In addition, "custody" has been changed to parental responsibility and decision-making rights. This decision-making may be either sole or joint. When working to determine parenting time plans, the court takes several factors into consideration. These include the wishes of both the child and the parents as well as the relationships the child has with the parents and other family members. 

Prenuptial agreement may be invaluable for many couples

In today's society, it is common for individuals to enter into a second or third marriage or to delay one altogether until one is more established in life. Many of these couples may find that a prenuptial agreement is just as important as deciding on where and when to exchange wedding vows. Colorado residents who are contemplating taking this step -- whether or the first time or the fifth-- may choose to seek information concerning how these documents could protect them.

For many individuals, the idea of committing to a marriage may come with a certain amount of anxiety over how to protect their assets or children in the event of a divorce. Older couples are more likely to have accumulated more assets during their lifetimes that could become vulnerable during a divorce proceeding. Likewise, children from a previous relationship could miss out on an inheritance if an ex-spouse is not prevented from accessing certain assets that were not intended to be considered marital property.

Divorce is a time for re-evaluation and changing priorities

Some say that the chances of a marriage ending in divorce is approximately 42 percent. Though many individuals may be caught off guard when their spouse files for divorce, others may agree that the relationship has run its course and is no longer viable. Colorado residents who are preparing for divorce may be concerned about how the process may impact them.

One woman shared her experience when she and her spouse decided to divorce. She claimed that none of her close acquaintances were surprised by the news as many had seen that the couple were no longer compatible. In spite of the fact that she recognized that the two were better off apart, she was surprised about how difficult the process was. She offered sage advice that she wished had been offered to her at the beginning of the proceedings.

The prenup conversation may lack romance, but it can ease divorce

In general, the majority of engaged couples focus on the idea that their vows will last the rest of their lives. Unfortunately, an estimated half of marriages will end in a divorce. In spite of the fact that it may not be a romantic topic, Colorado residents may discover that a conversation concerning a prenuptial agreement may be the most important one they will have.

Once a couple marries, the ownership of their assets may become questionable. More than two-thirds of states are common law property states, which means that the assets a spouse brings into the marriage will remain separate property unless the couple agrees to commingle their holdings. Furthermore, any assets an individual obtains will likewise remain separate unless he or she has agreed to share assets. The rest of the states are classified as community property states, which means that the assets of a marriage will be subject to equitable division in the event of a divorce.

Knowing fact from fiction in military divorce matters

The decision to end a marriage is only the first step in the process of seeking a dissolution. If one is in the military, then having access to correct information regarding a military divorce becomes one of the most important considerations. Colorado residents who are filing for a divorce may be unaware of all of the facts regarding these types of divorces, which could lead to costly errors.

One of the most important considerations to either spouse in the midst of a military divorce is the subject of dividing a pension. There are certain rules that apply when deciding whether a spouse is entitled to a portion of these monies, and being uninformed of the rules can lead to a spouse receiving more than he or she would normally be entitled to receive. Likewise, not filing in the service member's state of legal residence could affect whether one is awarded any portion of the pension.

Prenuptial agreement can be a valuable asset for any couple

Long before the wedding vows are exchanged, the engaged couple likely works together to ensure that they are in agreement over the major issues they will encounter. However, one important aspect that often gets overlooked is the task of drafting a prenuptial agreement. Though prenups are growing in popularity, many Colorado residents may be unaware of the benefits these documents can provide.

Due to the recent changes that will go into effect concerning alimony and taxes, many family law professionals are urging divorcing or engaged couples to either finalize their divorce or draft their prenup before the December 31, 2018, deadline. There are other purposes that a prenup can fulfill, such as providing protection for assets that were owned prior to the marriage. They can also ensure that children or heirs are provided for in the event of divorce or an untimely death.

Mother's struggle for child custody is complex issue

Parents who realize that their relationship is no longer viable are then faced with the decision of how to best raise their children. When there is intense animosity between them, it may then become a challenge to effectively settle the issue of child custody. Colorado families who are unable to resolve these disputes amicably may seek additional assistance. 

Recently, one mother sought to have the court issue an arrest order for the father of her son. The father and son are currently residing in another state. According to the case records, the custody battle has dragged on for some time. Shortly after a judge awarded the biological father custody in Feb. 2017, he relocated the child to another state. The court in the mother's state has issued repeated orders for the father to return the boy to the state, though he has purportedly refused to comply.

A prenuptial agreement becoming part of millennials' conversation

During the 'Great Recession' that began in 2008, members of the millennial generation were significantly impacted. As a result, this generation appears to be more focused on career goals rather than the traditional milestone of marrying and having a family. It may come as no surprise that this generation is more inclined to seek a prenuptial agreement before they decide to marry. Colorado residents who may be interested in these contracts can seek further information.

In general, the desire for the protection offered by a prenuptial agreement has steadily increased over the past 20 years. The growth in popularity for these documents among the 18 to 34-year-old age group is a fairly recent development. Though this age group is often described as being under-employed, the fact they are more likely to delay marriage indicates that they may have been striving to achieve predetermined financial goals. Those who have managed to accumulate assets or property may be reluctant to expose themselves to the risks that accompany a divorce.

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