The Marriage Zone: Annulment in Colorado
By Christopher C. Meyer
© February 2009
Under what circumstances can you get your marriage annulled in Colorado? In Colorado an annulment is referred to as a “declaration of invalidity”. Your marriage can be invalidated only under extremely limited circumstances.
There is a popular misconception that you can get your marriage invalidated if you only have been married for a short period of time, such a less than 90 days. Actually, the duration of your marriage has nothing to do with your eligibility for an annulment. There is no “get out of jail free card” just because you have been married for only a few months.
Colorado statutes set out the requirements for invalidating marriages. One of the parties has to have to have been domiciled in Colorado for at least 30 days. The requirements for invalidating a marriage basically involve: lack of meaningful consent to be married (I was so drunk I didn’t know I was getting married.); marriage to an ineligible person (the proverbial redneck jokes – your sister, a twelve year old, etc.); the marriage involves a fraud that goes to the essence of the marriage (my wife didn’t marry me because she loved me, she married me to get my money and she lied about her circumstances to get me to marry her.).
Children born of an invalidated marriage are legitimate. Property, support and child custody issues are determined on the same basis as if the parties had a valid marriage.
Marriage is serious business. There is no easy way out. You can’t get an annulment just because you have been married for a few days or months.
Good luck to you if you are contemplating an exit from the marriage zone, and keep in mind that you are going to have to get a divorce to do it unless your circumstances fit the limited requirements for an annulment.
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information including links to 25 other articles he has written.
Wednesday, February 25, 2009
Tuesday, February 17, 2009
Paternity
IT’S THE LAW - PATERNITY
By Chris Meyer May 2007
Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.
To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.
If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!
For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.
Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Chris Meyer May 2007
Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.
To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.
If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!
For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.
Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
The Sworn Financial Statement
The Marriage Zone: The Sworn Financial Statement
By Christopher C. Meyer
©July 2008
In a previous article I described the mandatory financial disclosure requirements in domestic relations cases. The most basic mandatory financial disclosure requirement is the obligation of both parties to exchange and file sworn financial statements. This requirement applies to all initial and post decree domestic relations cases that involve financial matters, such as child support, maintenance (alimony), and property division. The sworn financial statement is a seven-page form. You will enter your income, expense, asset, and debt information in the spaces provided.
The sworn financial statement provides each party and the Court with the basic information that is needed to determine the party’s financial status. This form is an extremely useful document. It is the prime source for quick reference as to what the parties can afford on a monthly basis and their net worth. The sworn financial statement is intended to be an accurate snapshot of each party’s financial status as of the date that the party signs the document. Your signature must be notarized.
The sworn financial statement requires a comprehensive listing of the parties’ monthly expenses. It shows the monthly budget for the parties. The income and expense information from the sworn financial statement will be used to determine child support and maintenance (alimony). After the form is completed, it is not unusual for parties to discover that their expenses exceed their incomes.
The sworn financial statement can also be used as a tool for projecting future budgetary needs. Most people’s financial situations change significantly after they are divorced. They will have less money to live on. You can use the sworn financial statement to project what your future budget will look like. You can use the form to project your future financial needs even if you are not involved in a court case.
You can download a copy of the sworn financial statement for no cost from the Colorado Courts website (www.courts.state.co.us.). You will not enjoy filling out this form. However, it is an extremely useful exercise because it makes you come to terms with your financial realities. It is also one of the best tools available for projecting your future financial status. Instead of worrying about your financial future, do something about it! Download the sworn financial statement, fill it out, and see what your future looks like.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’s practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Please see his website (www.cmeyerlaw.com) for additional divorce and family law information.
By Christopher C. Meyer
©July 2008
In a previous article I described the mandatory financial disclosure requirements in domestic relations cases. The most basic mandatory financial disclosure requirement is the obligation of both parties to exchange and file sworn financial statements. This requirement applies to all initial and post decree domestic relations cases that involve financial matters, such as child support, maintenance (alimony), and property division. The sworn financial statement is a seven-page form. You will enter your income, expense, asset, and debt information in the spaces provided.
The sworn financial statement provides each party and the Court with the basic information that is needed to determine the party’s financial status. This form is an extremely useful document. It is the prime source for quick reference as to what the parties can afford on a monthly basis and their net worth. The sworn financial statement is intended to be an accurate snapshot of each party’s financial status as of the date that the party signs the document. Your signature must be notarized.
The sworn financial statement requires a comprehensive listing of the parties’ monthly expenses. It shows the monthly budget for the parties. The income and expense information from the sworn financial statement will be used to determine child support and maintenance (alimony). After the form is completed, it is not unusual for parties to discover that their expenses exceed their incomes.
The sworn financial statement can also be used as a tool for projecting future budgetary needs. Most people’s financial situations change significantly after they are divorced. They will have less money to live on. You can use the sworn financial statement to project what your future budget will look like. You can use the form to project your future financial needs even if you are not involved in a court case.
You can download a copy of the sworn financial statement for no cost from the Colorado Courts website (www.courts.state.co.us.). You will not enjoy filling out this form. However, it is an extremely useful exercise because it makes you come to terms with your financial realities. It is also one of the best tools available for projecting your future financial status. Instead of worrying about your financial future, do something about it! Download the sworn financial statement, fill it out, and see what your future looks like.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’s practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Please see his website (www.cmeyerlaw.com) for additional divorce and family law information.
Protecting Your Credit In Divorce
The Marriage Zone- Protecting Your Credit in Divorce
By
Christopher C. Meyer
© February 2008
If you are planning to get a divorce or you are already involved in the divorce process, it is important to protect your credit from potential damage by your spouse. For example, if you have joint accounts, your spouse may be able to damage your credit even if he or she is ordered by the court to assume sole responsibility for the account.
What happens if a court orders one of the parties to be solely responsible for a joint credit account and that party defaults? The creditor is going to come after the other party, even though the court has ordered the first party to pay. How can this be? The contract clause of the United States Constitution prevents courts from interfering with contractual obligations. Credit is a contractual obligation between the creditor and the debtor (you). If you have a joint account with your spouse, and your spouse defaults on a court-ordered credit obligation, the creditor will look to you to pay, and your credit rating will suffer. A bankruptcy court is the only court that can affect your contractual relationship with a creditor.
Since you may be stuck paying for a joint debt, it makes sense to try to avoid placing yourself at such risk. If you are planning for a divorce, get all your joint credit accounts changed into separate accounts, you will need your spouse’s permission to do this. If you are already involved in the divorce process, eliminate as much of the joint debt as you can.
The same is true for joint bank accounts. If your spouse overdraws on a joint account, guess who the bank will expect to pay the overage – you!
Once you are divorced, you will be a single person. You will want to be able to the only person responsible for your credit rating. It pays to take the necessary steps to put yourself in control.
Good luck to you as you leave the marriage zone, and remember to get rid of those joint accounts!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By
Christopher C. Meyer
© February 2008
If you are planning to get a divorce or you are already involved in the divorce process, it is important to protect your credit from potential damage by your spouse. For example, if you have joint accounts, your spouse may be able to damage your credit even if he or she is ordered by the court to assume sole responsibility for the account.
What happens if a court orders one of the parties to be solely responsible for a joint credit account and that party defaults? The creditor is going to come after the other party, even though the court has ordered the first party to pay. How can this be? The contract clause of the United States Constitution prevents courts from interfering with contractual obligations. Credit is a contractual obligation between the creditor and the debtor (you). If you have a joint account with your spouse, and your spouse defaults on a court-ordered credit obligation, the creditor will look to you to pay, and your credit rating will suffer. A bankruptcy court is the only court that can affect your contractual relationship with a creditor.
Since you may be stuck paying for a joint debt, it makes sense to try to avoid placing yourself at such risk. If you are planning for a divorce, get all your joint credit accounts changed into separate accounts, you will need your spouse’s permission to do this. If you are already involved in the divorce process, eliminate as much of the joint debt as you can.
The same is true for joint bank accounts. If your spouse overdraws on a joint account, guess who the bank will expect to pay the overage – you!
Once you are divorced, you will be a single person. You will want to be able to the only person responsible for your credit rating. It pays to take the necessary steps to put yourself in control.
Good luck to you as you leave the marriage zone, and remember to get rid of those joint accounts!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Divorce Property Division - Basics
IT’S THE LAW: DIVORCE PROPERTY DIVISION – BASICS
By Chris Meyer August 2006
In Colorado marital property is divided in a divorce or legal separation by means of “Equitable Distribution”. “Equitable” does not necessarily mean “Equal”, but for most purposes, and absent unusual circumstances, it is useful to assume that marital property will be divided 50/50 between the parties.
The question then becomes what is the “marital property” to be divided. Marital property is all property acquired during the marriage such as the parties’ earnings and things acquired with such earnings. However, inheritances and certain gifts acquired during the marriage are not considered marital.
“Separate property” is property acquired prior to the marriage, or inheritance or certain gifts acquired during the marriage. The Court has no power to divide separate property. However, any appreciation of separate property during the marriage is marital.
Here is a simple example. A married couple save some earnings during the marriage and buy a house. The parties pay the mortgage with the husband’s earnings. The wife receives an inheritance during the marriage and is careful to maintain this bequest in a separate mutual fund account in her name only. The equity in the house is marital, as is any appreciation included in that equity. The amount of the bequest to the wife is her separate property, but any appreciation of the account is marital.
In most instances, determining what is marital and what is separate property is not difficult. However, the analysis can become complicated in some situations, especially regarding changes to title to real property during the marriage. If you own separate real property titled in your name only but change the title to joint tenants during the marriage (a common occurrence), you may have gifted one half the value of the property to your spouse. For example, Mary owns a condo in her name only, but changes the title to joint tenants after she marries John. John may now be entitled to one-half the value of the condo.
How you title marital property is not critical. For example, the parties buy a car during the marriage with money earned during the marriage, but place the title in the husband’s name only. The car is still marital property.
Even when determining what is marital and what is separate is relatively easy, calculating the proper shares can be difficult. This is true for retirement accounts and pensions earned both prior to and during the marriage. Special Court orders may have to be drafted to accurately divide such assests.
Property division law in a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Chris Meyer August 2006
In Colorado marital property is divided in a divorce or legal separation by means of “Equitable Distribution”. “Equitable” does not necessarily mean “Equal”, but for most purposes, and absent unusual circumstances, it is useful to assume that marital property will be divided 50/50 between the parties.
The question then becomes what is the “marital property” to be divided. Marital property is all property acquired during the marriage such as the parties’ earnings and things acquired with such earnings. However, inheritances and certain gifts acquired during the marriage are not considered marital.
“Separate property” is property acquired prior to the marriage, or inheritance or certain gifts acquired during the marriage. The Court has no power to divide separate property. However, any appreciation of separate property during the marriage is marital.
Here is a simple example. A married couple save some earnings during the marriage and buy a house. The parties pay the mortgage with the husband’s earnings. The wife receives an inheritance during the marriage and is careful to maintain this bequest in a separate mutual fund account in her name only. The equity in the house is marital, as is any appreciation included in that equity. The amount of the bequest to the wife is her separate property, but any appreciation of the account is marital.
In most instances, determining what is marital and what is separate property is not difficult. However, the analysis can become complicated in some situations, especially regarding changes to title to real property during the marriage. If you own separate real property titled in your name only but change the title to joint tenants during the marriage (a common occurrence), you may have gifted one half the value of the property to your spouse. For example, Mary owns a condo in her name only, but changes the title to joint tenants after she marries John. John may now be entitled to one-half the value of the condo.
How you title marital property is not critical. For example, the parties buy a car during the marriage with money earned during the marriage, but place the title in the husband’s name only. The car is still marital property.
Even when determining what is marital and what is separate is relatively easy, calculating the proper shares can be difficult. This is true for retirement accounts and pensions earned both prior to and during the marriage. Special Court orders may have to be drafted to accurately divide such assests.
Property division law in a divorce is the same as other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Mandatory Financial Disclosure
The Marriage Zone: Mandatory Financial Disclosure
By Christopher C. Meyer
©July 2008
If you are thinking about getting a divorce or legal separation and you are concerned about whether the other party will provide you with financial information or how much information you’re going to have to provide to the other party, you must understand that Court rules require mandatory financial disclosure. As a practical matter, this means that you cannot hide or fail to disclose information regarding your financial situation.
Each party has an affirmative obligation to provide the other party with a sworn financial statement that includes all the information regarding your accounts and expenses. You also have an affirmative obligation to provide supporting information such as income documentation, tax returns, credit card statements, and bank and financial account information. “Affirmative obligation” means that you are required to provide the information without the other party having to ask for it. The Court will require that you exchange the mandatory financial disclosures prior to the initial status conference, that usually is scheduled within 40 days of the petition being filed.
You are under a continuing duty to supplement or amend your financial disclosures in a timely manner. If, for example, your income changes after you have provided your mandatory disclosures, you have to inform the other party of the change and provide documentation as well.
It is important to note that the parties are not limited to the information covered by the mandatory disclosure requirement. The parties are free to request additional information regarding the other party’s financial situation. For example, parties commonly request bank and financial account information covering years prior to filing the petition.
What happens if you fail to provide the mandatory financial disclosures? If you fail to provide the information and you have the ability to obtain it, the Court will impose appropriate sanctions. Don’t even think about trying to hide any assets. The other party will eventually discover it, your credibility will be irreparably damaged, and your case will suffer.
Remember that in the marriage zone, the rules require that the parties and the Court have the best financial information available in order that the parties and the Court can make the best decisions possible based on that information.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer
©July 2008
If you are thinking about getting a divorce or legal separation and you are concerned about whether the other party will provide you with financial information or how much information you’re going to have to provide to the other party, you must understand that Court rules require mandatory financial disclosure. As a practical matter, this means that you cannot hide or fail to disclose information regarding your financial situation.
Each party has an affirmative obligation to provide the other party with a sworn financial statement that includes all the information regarding your accounts and expenses. You also have an affirmative obligation to provide supporting information such as income documentation, tax returns, credit card statements, and bank and financial account information. “Affirmative obligation” means that you are required to provide the information without the other party having to ask for it. The Court will require that you exchange the mandatory financial disclosures prior to the initial status conference, that usually is scheduled within 40 days of the petition being filed.
You are under a continuing duty to supplement or amend your financial disclosures in a timely manner. If, for example, your income changes after you have provided your mandatory disclosures, you have to inform the other party of the change and provide documentation as well.
It is important to note that the parties are not limited to the information covered by the mandatory disclosure requirement. The parties are free to request additional information regarding the other party’s financial situation. For example, parties commonly request bank and financial account information covering years prior to filing the petition.
What happens if you fail to provide the mandatory financial disclosures? If you fail to provide the information and you have the ability to obtain it, the Court will impose appropriate sanctions. Don’t even think about trying to hide any assets. The other party will eventually discover it, your credibility will be irreparably damaged, and your case will suffer.
Remember that in the marriage zone, the rules require that the parties and the Court have the best financial information available in order that the parties and the Court can make the best decisions possible based on that information.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Joint Titles
The Marriage Zone – Joint Titles
by
Christopher C. Meyer
June 2008
If you are thinking about getting married or divorced, you may have questions about the importance of title to property. These questions usually involve real estate, vehicles, and financial accounts.
If you already own real estate, such as a home, and you are planning to get married, should you place the property in joint title with your new spouse? If you are going to stay married forever, it doesn’t matter much, but, keeping in mind that the divorce rate is around 50%, you might want to give serious consideration to this question. Welcome to the Marriage Zone!
In Colorado, if you change the title to real property that is titled in your sole name to a joint title after you are married, you have just given half the net equity in the property (market value minus any loans secured by the property) to your spouse. The only sure-fire way to avoid this is to have a valid agreement with your spouse saying that you are excluding the property from being marital property. If you acquire property during the marriage through your efforts, such as from money earned from your job, the title to the property is not important. For example, you and your spouse (you are married) save money you earn during the marriage and buy a home. You title the home in your name only. This does not mean that you get all the equity in the home in the event of divorce. It is marital property and will be distributed to you and your spouse in a divorce.
The preceding analysis applies equally to property that is not real estate. If you own a car in your sole name before marriage, but put it in a joint title after you are married, you have given half the net equity in the car to your spouse. If you buy a car during the marriage with money you earn during the marriage, but title the car in your sole name, the net equity will be distributed between you and your spouse in a divorce.
The same treatment will be given to mutual funds and other financial accounts. If you change your previously separately registered accounts to joint registration after your marriage, you have given your spouse half of the account value. If you keep the accounts separately registered, the pre-marriage basis in the account will not become marital property. If you open an account during the marriage with funds that you earned during the marriage, but title the account in your sole name, the account will be distributed between you and your wife in a divorce.
Good luck with your marriage, and be alert to the effects of title to property in the Marriage Zone.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. His law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
by
Christopher C. Meyer
June 2008
If you are thinking about getting married or divorced, you may have questions about the importance of title to property. These questions usually involve real estate, vehicles, and financial accounts.
If you already own real estate, such as a home, and you are planning to get married, should you place the property in joint title with your new spouse? If you are going to stay married forever, it doesn’t matter much, but, keeping in mind that the divorce rate is around 50%, you might want to give serious consideration to this question. Welcome to the Marriage Zone!
In Colorado, if you change the title to real property that is titled in your sole name to a joint title after you are married, you have just given half the net equity in the property (market value minus any loans secured by the property) to your spouse. The only sure-fire way to avoid this is to have a valid agreement with your spouse saying that you are excluding the property from being marital property. If you acquire property during the marriage through your efforts, such as from money earned from your job, the title to the property is not important. For example, you and your spouse (you are married) save money you earn during the marriage and buy a home. You title the home in your name only. This does not mean that you get all the equity in the home in the event of divorce. It is marital property and will be distributed to you and your spouse in a divorce.
The preceding analysis applies equally to property that is not real estate. If you own a car in your sole name before marriage, but put it in a joint title after you are married, you have given half the net equity in the car to your spouse. If you buy a car during the marriage with money you earn during the marriage, but title the car in your sole name, the net equity will be distributed between you and your spouse in a divorce.
The same treatment will be given to mutual funds and other financial accounts. If you change your previously separately registered accounts to joint registration after your marriage, you have given your spouse half of the account value. If you keep the accounts separately registered, the pre-marriage basis in the account will not become marital property. If you open an account during the marriage with funds that you earned during the marriage, but title the account in your sole name, the account will be distributed between you and your wife in a divorce.
Good luck with your marriage, and be alert to the effects of title to property in the Marriage Zone.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. His law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Debts in Divorce
THE MARRIAGE ZONE
Debts In Divorce
By
Christopher C. Meyer, Esq. May 2007
How are debts handled in a divorce? Debts are handled in the same manner as assets in terms of classification as separate or marital. If the debt is marital, it will be divided between the parties. If the debt is separate, it is the sole responsibility of one of the parties.
What happens if one of the parties fails to pay the portion of the marital debt they have been ordered to pay? There are two aspects to this problem.
From the creditor’s perspective, it does not matter that one of the parties has been ordered to pay. The creditor can still go after the other party for the whole marital debt. This is due to the contract clause of the United States Constitution. The contract clause prohibits states from “impairing the obligation of contracts.” From your perspective, you will be required to pay. This may seem unfair, but it’s the law!
If you get stuck having to pay what your former spouse was ordered to pay, you do have a remedy. You can go after your former spouse and make them pay. This process is called “indemnification”. However, you can’t get blood from a stone, and your credit rating can get clobbered. All you may wind up with is an uncollectible judgment against your former spouse. Welcome to the marriage zone!
A way to avoid the deadbeat former spouse (DFS) syndrome is to construct your settlement so that as much debt as possible is paid off from the marital assets. Another method is to have the other party refinance the debt to have you removed from it. This often happens with regard to mortgages on homes. Insurance should also be considered for security purposes if you are concerned that the other party won’t be around to make all the payments.
It pays to give some thought to protecting yourself from a deadbeat former spouse before you get divorced. The debt you rightfully thought was someone else’s responsibility can rise up and bite you.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has a lot of divorce and family law information.
Debts In Divorce
By
Christopher C. Meyer, Esq. May 2007
How are debts handled in a divorce? Debts are handled in the same manner as assets in terms of classification as separate or marital. If the debt is marital, it will be divided between the parties. If the debt is separate, it is the sole responsibility of one of the parties.
What happens if one of the parties fails to pay the portion of the marital debt they have been ordered to pay? There are two aspects to this problem.
From the creditor’s perspective, it does not matter that one of the parties has been ordered to pay. The creditor can still go after the other party for the whole marital debt. This is due to the contract clause of the United States Constitution. The contract clause prohibits states from “impairing the obligation of contracts.” From your perspective, you will be required to pay. This may seem unfair, but it’s the law!
If you get stuck having to pay what your former spouse was ordered to pay, you do have a remedy. You can go after your former spouse and make them pay. This process is called “indemnification”. However, you can’t get blood from a stone, and your credit rating can get clobbered. All you may wind up with is an uncollectible judgment against your former spouse. Welcome to the marriage zone!
A way to avoid the deadbeat former spouse (DFS) syndrome is to construct your settlement so that as much debt as possible is paid off from the marital assets. Another method is to have the other party refinance the debt to have you removed from it. This often happens with regard to mortgages on homes. Insurance should also be considered for security purposes if you are concerned that the other party won’t be around to make all the payments.
It pays to give some thought to protecting yourself from a deadbeat former spouse before you get divorced. The debt you rightfully thought was someone else’s responsibility can rise up and bite you.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has a lot of divorce and family law information.
Thursday, February 12, 2009
Do You Need A Lawyer?
The Marriage Zone: Divorce - Do You Need a Lawyer?
By Christopher C. Meyer
© June 2008
Do you need a lawyer for your divorce? Many people do not use a lawyer. Some people cannot afford a lawyer. A simple analogy may help to determine whether or not to hire a lawyer.
Let’s assume that you have been in business partnership with another person for 15 years. Over time you gradually have become dissatisfied with the other person’s participation in the business. You want to sever your ties and carry on business on your own. Business has been fairly good during your partnership and the business has accumulated significant assets as well as some liabilities. At the time you entered into the partnership there was no agreement about what would happen when the partners decided to part ways. Do you feel confident that you can get your fair share of the business and eliminate any unnecessary liabilities without the assistance of an attorney? Are you confident that your partner will treat you with absolute fairness and provide you with all the information you need to make the best possible decisions? These issues are very similar to the issues you will encounter in a divorce.
If you have been married for a significant length of time, your divorce will be one of the biggest, if not the biggest, business transaction that you will ever be involved in. If you do not understand the divorce laws regarding the division of assets and liabilities, including complex assets such as pensions and retirement accounts, you may shortchange yourself. If you do not understand the laws regarding spousal support (alimony), you may get much less than you are entitled to. If you do not understand the divorce laws regarding child custody and child support, you may adversely impact your children’s lives. Do you understand the tax ramifications of all these aspects of a divorce? Divorces, just like business transactions, have tax consequences.
Do complex transactions involving big financial decisions and family responsibilities make you anxious? If you hire a lawyer, the lawyer should be able to shoulder most of the load and increase your confidence level that you are doing the right thing for you and your family.
A divorce proceeding is paperwork intensive. Do you enjoy doing paperwork? Do you prepare your own income taxes? Do you enjoy having externally created deadlines? A family law attorney handles divorces on a regular basis, and can handle all the paperwork for you.
Depending on your responses to these questions, you may want seriously to consider hiring a lawyer to help you with your divorce. If you already have a relationship with a lawyer, talk to her or him about it. There are many good family law attorneys to choose from.
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer
© June 2008
Do you need a lawyer for your divorce? Many people do not use a lawyer. Some people cannot afford a lawyer. A simple analogy may help to determine whether or not to hire a lawyer.
Let’s assume that you have been in business partnership with another person for 15 years. Over time you gradually have become dissatisfied with the other person’s participation in the business. You want to sever your ties and carry on business on your own. Business has been fairly good during your partnership and the business has accumulated significant assets as well as some liabilities. At the time you entered into the partnership there was no agreement about what would happen when the partners decided to part ways. Do you feel confident that you can get your fair share of the business and eliminate any unnecessary liabilities without the assistance of an attorney? Are you confident that your partner will treat you with absolute fairness and provide you with all the information you need to make the best possible decisions? These issues are very similar to the issues you will encounter in a divorce.
If you have been married for a significant length of time, your divorce will be one of the biggest, if not the biggest, business transaction that you will ever be involved in. If you do not understand the divorce laws regarding the division of assets and liabilities, including complex assets such as pensions and retirement accounts, you may shortchange yourself. If you do not understand the laws regarding spousal support (alimony), you may get much less than you are entitled to. If you do not understand the divorce laws regarding child custody and child support, you may adversely impact your children’s lives. Do you understand the tax ramifications of all these aspects of a divorce? Divorces, just like business transactions, have tax consequences.
Do complex transactions involving big financial decisions and family responsibilities make you anxious? If you hire a lawyer, the lawyer should be able to shoulder most of the load and increase your confidence level that you are doing the right thing for you and your family.
A divorce proceeding is paperwork intensive. Do you enjoy doing paperwork? Do you prepare your own income taxes? Do you enjoy having externally created deadlines? A family law attorney handles divorces on a regular basis, and can handle all the paperwork for you.
Depending on your responses to these questions, you may want seriously to consider hiring a lawyer to help you with your divorce. If you already have a relationship with a lawyer, talk to her or him about it. There are many good family law attorneys to choose from.
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Military Divorce
The Marriage Zone: Military Divorce
By
Christopher C. Meyer
February 2008
There are so many people in the military in our area that divorces involving military personnel are commonplace. There is a popular misconception that divorces involving military personnel are different from civilian divorces. In fact, the differences between military divorces and civilian divorces are not very significant.
If you are in the military, and if you and your spouse have lived in Colorado for more than 90 days and your children have been here for more than six months, a Colorado court can divide your property and debts, determine whether maintenance (alimony) is appropriate, and make all decisions regarding parental responsibilities (parental decision-making and parenting time).
Military pensions are divided much the same as civilian pensions. There is another popular misconception that unless the spouse of the military service person has been married to the service person for at least ten years, the non-military spouse cannot receive part of the service person’s pension. Ten years is significant only in that the military will not pay part of the pension to the non-military spouse unless the ten-year requirement is met. This means is that if the marriage is less than ten years, the Court will order the service person to pay part of the retirement directly to the non-military spouse, rather than the military itself making the payment.
Some people in the military believe that they can convert part of their pension to disability and avoid paying part of the disability to the non-military spouse, thereby reducing the total amount the non-military spouse gets. It is correct that the Court cannot divide the disability. However, the Court can adjust the division of the pension or adjust the maintenance or property award to make up for the difference, so that the total amount awarded to the non-military spouse is not diminished by the disability.
If you are legally separated from a military spouse, you are still eligible for the same benefits you enjoy if you are married. This scenario is an example of a good reason to look into a legal separation in Colorado, rather than getting a divorce. If you have been married to a person in the military for twenty years while the military spouse has been active service for twenty years, you retain your military benefits such as health insurance, etc., even if you get a divorce.
Good luck with your military divorce or legal separation as you leave the marriage zone, and don’t believe all that you hear about additional complications.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By
Christopher C. Meyer
February 2008
There are so many people in the military in our area that divorces involving military personnel are commonplace. There is a popular misconception that divorces involving military personnel are different from civilian divorces. In fact, the differences between military divorces and civilian divorces are not very significant.
If you are in the military, and if you and your spouse have lived in Colorado for more than 90 days and your children have been here for more than six months, a Colorado court can divide your property and debts, determine whether maintenance (alimony) is appropriate, and make all decisions regarding parental responsibilities (parental decision-making and parenting time).
Military pensions are divided much the same as civilian pensions. There is another popular misconception that unless the spouse of the military service person has been married to the service person for at least ten years, the non-military spouse cannot receive part of the service person’s pension. Ten years is significant only in that the military will not pay part of the pension to the non-military spouse unless the ten-year requirement is met. This means is that if the marriage is less than ten years, the Court will order the service person to pay part of the retirement directly to the non-military spouse, rather than the military itself making the payment.
Some people in the military believe that they can convert part of their pension to disability and avoid paying part of the disability to the non-military spouse, thereby reducing the total amount the non-military spouse gets. It is correct that the Court cannot divide the disability. However, the Court can adjust the division of the pension or adjust the maintenance or property award to make up for the difference, so that the total amount awarded to the non-military spouse is not diminished by the disability.
If you are legally separated from a military spouse, you are still eligible for the same benefits you enjoy if you are married. This scenario is an example of a good reason to look into a legal separation in Colorado, rather than getting a divorce. If you have been married to a person in the military for twenty years while the military spouse has been active service for twenty years, you retain your military benefits such as health insurance, etc., even if you get a divorce.
Good luck with your military divorce or legal separation as you leave the marriage zone, and don’t believe all that you hear about additional complications.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Modification Of Maintenance Awards
The Marriage Zone: Modification of Maintenance Awards
By Christopher C. Meyer
© March 2008
After a few years have passed from the time of an original maintenance (alimony) award, questions often come up about whether the maintenance award can be modified. Modifying a maintenance award is not a simple matter. An important thing to keep in mind is that judgments, including divorce decrees and maintenance awards, are intended to be final and to provide a firm basis for the parties to be able to plan and predict their future activities. Courts don’t modify judgments unless there is an extremely good reason to do so.
Colorado statutes provide that a maintenance award can be modified if there are changed circumstances so substantial and continuing as to make the original terms of the award unfair. Please note that there are four basic requirements: changed circumstances; substantial change in circumstances; continuing change in circumstances; and the change must make the original terms unfair. A brief examination of each requirement can be helpful.
The requirement of a change from the circumstances existing at the time of the original award is often overlooked. The critical question is what is different now than it was at the time of the original award? If the only change is the passage of time, this not a change in circumstances that will provide a basis for modification. For example, an original award for maintenance is for three years. Three years have now passed and the ex-spouse receiving the maintenance can no longer afford to live in her house without continuing to receive the maintenance. There is no change in circumstances in this scenario and the maintenance award will not be modified.
Is there a substantial change in circumstances? Courts don’t care about minor changes in circumstances. What constitutes a “substantial change” cannot be precisely defined. However, the bigger the change in circumstances, the more likely the court will grant a modification.
Is there a continuing change in circumstances? If the change in circumstances is temporary, it won’t qualify. For example, if you work for commissions and business has been slow, the court may assume that your commissions will return to their average level and not grant you any relief.
Does the change in circumstances make the original terms of the maintenance award unfair? You can have a significant change in numbers that does not make the original terms of the maintenance award unfair. However, for example, if you become physically disabled and can now only work at a job that pays you half as much as you were getting at the time of the award, a court might think that this change in circumstances rendered the terms of the original award unfair.
Good luck with your maintenance modification, but give it some hard thought before you file, or you could be wasting your time. Also keep in mind that filing for a maintenance modification can be like poking a hornets’ nest with a stick. You may get a lot more excitement then you anticipated.
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer
© March 2008
After a few years have passed from the time of an original maintenance (alimony) award, questions often come up about whether the maintenance award can be modified. Modifying a maintenance award is not a simple matter. An important thing to keep in mind is that judgments, including divorce decrees and maintenance awards, are intended to be final and to provide a firm basis for the parties to be able to plan and predict their future activities. Courts don’t modify judgments unless there is an extremely good reason to do so.
Colorado statutes provide that a maintenance award can be modified if there are changed circumstances so substantial and continuing as to make the original terms of the award unfair. Please note that there are four basic requirements: changed circumstances; substantial change in circumstances; continuing change in circumstances; and the change must make the original terms unfair. A brief examination of each requirement can be helpful.
The requirement of a change from the circumstances existing at the time of the original award is often overlooked. The critical question is what is different now than it was at the time of the original award? If the only change is the passage of time, this not a change in circumstances that will provide a basis for modification. For example, an original award for maintenance is for three years. Three years have now passed and the ex-spouse receiving the maintenance can no longer afford to live in her house without continuing to receive the maintenance. There is no change in circumstances in this scenario and the maintenance award will not be modified.
Is there a substantial change in circumstances? Courts don’t care about minor changes in circumstances. What constitutes a “substantial change” cannot be precisely defined. However, the bigger the change in circumstances, the more likely the court will grant a modification.
Is there a continuing change in circumstances? If the change in circumstances is temporary, it won’t qualify. For example, if you work for commissions and business has been slow, the court may assume that your commissions will return to their average level and not grant you any relief.
Does the change in circumstances make the original terms of the maintenance award unfair? You can have a significant change in numbers that does not make the original terms of the maintenance award unfair. However, for example, if you become physically disabled and can now only work at a job that pays you half as much as you were getting at the time of the award, a court might think that this change in circumstances rendered the terms of the original award unfair.
Good luck with your maintenance modification, but give it some hard thought before you file, or you could be wasting your time. Also keep in mind that filing for a maintenance modification can be like poking a hornets’ nest with a stick. You may get a lot more excitement then you anticipated.
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Child Support Modification
The Marriage Zone: Child Support Modification
By Christopher C. Meyer
©March 2008
Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.
In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.
The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.
The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.
Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.
If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.
Good luck with your child support modification, and remember to get your motion filed promptly.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer
©March 2008
Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.
In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.
The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.
The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.
Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.
If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.
Good luck with your child support modification, and remember to get your motion filed promptly.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Planning For Divorce
The Marriage Zone – Planning For Divorce
by
Christopher C. Meyer
June 2007
What should you do when you have exhausted all alternatives, such as counseling, and despite your best efforts, you are headed for divorce? What preparations are advisable when you are getting ready to leave the marriage zone and head out for the single life?
In terms of preparation, it is useful to think ahead and to imagine what your life will be like once you are divorced. For example, as a single person, you will need to have credit in your name. You might as well get started on getting credit solely in your name. You also want to get rid of joint credit with your spouse. This is especially true if you are a victim of DSS (Deadbeat Spouse Syndrome). So download your credit report and get to work: get rid of unnecessary credit cards; close as many joint accounts as you can, including bank accounts. The ideal divorce results in no joint debt or joint accounts after the divorce. You don’t want your ex-spouse to be able to mess up your credit after the divorce.
If you are unemployed or underemployed, the odds are you are going to have to contribute to your support - so get going! Take an inventory of your skills, think about what you enjoy doing, and explore the job market. The most effective method of job hunting is networking; let folks know you are looking for work. Judges are hardworking, self-made people. They appreciate folks who are trying to make it on their own.
Put off any big financial moves, like buying a house. Try to keep things simple. Remember that you will have to undo joint properties and debt in the divorce. Beware of incurring additional debt. If you need a car, don’t get one that includes a lot of debt. If you want to keep the car after the divorce, you are going to get the debt that is associated with it.
Keep in mind that there are certain actions you can take before the divorce is filed that are subject to an automatic temporary injunction after the case is filed. For example, after the divorce is filed, your ability to transfer or dispose of marital property is restricted, except in the usual course of business or for the necessities of life, unless you get your spouse’s consent or a Court order. The same is true for taking your minor child out of the state.
If divorce is unavoidable, be prepared, and good luck with your new single life as you leave the marriage zone!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
by
Christopher C. Meyer
June 2007
What should you do when you have exhausted all alternatives, such as counseling, and despite your best efforts, you are headed for divorce? What preparations are advisable when you are getting ready to leave the marriage zone and head out for the single life?
In terms of preparation, it is useful to think ahead and to imagine what your life will be like once you are divorced. For example, as a single person, you will need to have credit in your name. You might as well get started on getting credit solely in your name. You also want to get rid of joint credit with your spouse. This is especially true if you are a victim of DSS (Deadbeat Spouse Syndrome). So download your credit report and get to work: get rid of unnecessary credit cards; close as many joint accounts as you can, including bank accounts. The ideal divorce results in no joint debt or joint accounts after the divorce. You don’t want your ex-spouse to be able to mess up your credit after the divorce.
If you are unemployed or underemployed, the odds are you are going to have to contribute to your support - so get going! Take an inventory of your skills, think about what you enjoy doing, and explore the job market. The most effective method of job hunting is networking; let folks know you are looking for work. Judges are hardworking, self-made people. They appreciate folks who are trying to make it on their own.
Put off any big financial moves, like buying a house. Try to keep things simple. Remember that you will have to undo joint properties and debt in the divorce. Beware of incurring additional debt. If you need a car, don’t get one that includes a lot of debt. If you want to keep the car after the divorce, you are going to get the debt that is associated with it.
Keep in mind that there are certain actions you can take before the divorce is filed that are subject to an automatic temporary injunction after the case is filed. For example, after the divorce is filed, your ability to transfer or dispose of marital property is restricted, except in the usual course of business or for the necessities of life, unless you get your spouse’s consent or a Court order. The same is true for taking your minor child out of the state.
If divorce is unavoidable, be prepared, and good luck with your new single life as you leave the marriage zone!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
CommonLaw Marriage
THE MARRIAGE ZONE: COMMON LAW MARRIAGE
By Christopher C. Meyer May 2008
Are you married, or are you just living together? In Colorado you can be married without ever participating in a marriage ceremony. Colorado is one of a minority of states that recognizes common law marriage.
What is “common law marriage”? A common law marriage requires no ceremony or license. The other type of marriage is a “ceremonial marriage” and requires a license and a solemnization or ceremony. A common law marriage requires only that the couple cohabit, believe that they are married, and hold themselves out to the community as being married. The third requirement involves things like introducing yourselves to others as being married, listings as Mr. and Mrs. with the Post Office, filing taxes as married and so on.
“Common Law” refers to court decisions rather than “statute law” that is created by legislative bodies. In Colorado “common law” also refers to the common law of England (including some English statutes) existing prior to the year 1688. As provided by the Colorado Constitution, this English common law is also the law in Colorado, unless it has been changed by the Colorado Legislature. Since common law marriage was recognized in England prior to 1688, it is recognized in Colorado. The Colorado Legislature could eliminate common law marriage, but has chosen not to. It is interesting to note that the total estimated population of the American colonies in 1680 was 151,507 people, a little more than the total population of Lakewood Colorado in the year 2000. Things were a lot different in 1688 than they are now.
Whether a Court will decide that you have a common law marriage will depend on the specific facts of your situation. It is unlikely that any one particular fact will be determinative. A Court will base its decision on all the facts. Listing your significant other as your spouse for insurance benefits or for tax purposes can be significant. But if the couple don’t consider themselves to be married and don’t hold themselves out to the community as being married, it is unlikely that a Court will decide they have a common law marriage. However, saying you are married in order to get health insurance coverage from your significant other or in order to save money on your taxes can lead to major credibility problems with a Judge when you later try to explain that you didn’t really mean that you were married. Needless to say, this can also lead to fraud problems with insurers and the tax authorities.
If you have a common law marriage, the legal ramifications are the same as a ceremonial marriage. The laws pertaining to divorce, support, child custody, property division, and bigamy are the same for common law marriages as they are for ceremonial marriages. There is no “common law divorce”. If you have a common law marriage and you want a divorce, you have to get it done the same way as the folks who have a ceremonial marriage.
The law pertaining to common law marriage is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer May 2008
Are you married, or are you just living together? In Colorado you can be married without ever participating in a marriage ceremony. Colorado is one of a minority of states that recognizes common law marriage.
What is “common law marriage”? A common law marriage requires no ceremony or license. The other type of marriage is a “ceremonial marriage” and requires a license and a solemnization or ceremony. A common law marriage requires only that the couple cohabit, believe that they are married, and hold themselves out to the community as being married. The third requirement involves things like introducing yourselves to others as being married, listings as Mr. and Mrs. with the Post Office, filing taxes as married and so on.
“Common Law” refers to court decisions rather than “statute law” that is created by legislative bodies. In Colorado “common law” also refers to the common law of England (including some English statutes) existing prior to the year 1688. As provided by the Colorado Constitution, this English common law is also the law in Colorado, unless it has been changed by the Colorado Legislature. Since common law marriage was recognized in England prior to 1688, it is recognized in Colorado. The Colorado Legislature could eliminate common law marriage, but has chosen not to. It is interesting to note that the total estimated population of the American colonies in 1680 was 151,507 people, a little more than the total population of Lakewood Colorado in the year 2000. Things were a lot different in 1688 than they are now.
Whether a Court will decide that you have a common law marriage will depend on the specific facts of your situation. It is unlikely that any one particular fact will be determinative. A Court will base its decision on all the facts. Listing your significant other as your spouse for insurance benefits or for tax purposes can be significant. But if the couple don’t consider themselves to be married and don’t hold themselves out to the community as being married, it is unlikely that a Court will decide they have a common law marriage. However, saying you are married in order to get health insurance coverage from your significant other or in order to save money on your taxes can lead to major credibility problems with a Judge when you later try to explain that you didn’t really mean that you were married. Needless to say, this can also lead to fraud problems with insurers and the tax authorities.
If you have a common law marriage, the legal ramifications are the same as a ceremonial marriage. The laws pertaining to divorce, support, child custody, property division, and bigamy are the same for common law marriages as they are for ceremonial marriages. There is no “common law divorce”. If you have a common law marriage and you want a divorce, you have to get it done the same way as the folks who have a ceremonial marriage.
The law pertaining to common law marriage is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
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