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Every couple of years, there are headlines about how debt causes divorce. This year’s sensationalistic headline on Men’s Journal (“Survey Finds Shocking Link Between Debt and Divorce“) had just the right amount of hyperbole to attract my attention, and a light morning induced me to go down that rabbit hole….
Since Colorado enacted the Uniform Dissolution of Marriage Act more than 50 years ago, dissolution of marriage cases have been “no-fault.” (See this blog post for more details about Colorado no-fault divorces and grounds for dissolution of marriage). One spouse’s misconduct or “fault”, including for domestic violence, was generally irrelevant…
2026 Update – Another Family Law Lawyer of the Year Award OK, this is almost a bit embarrassing, and there are no sponsorships or payments – I promise. But Best Lawyers in America has honored me for a third time with the Lawyer of the Year award for 2026, for…
I wrote a while back on a case concerning the importance of having a promissory note for a loan from a friend or family member because the spouse must prove that the payment was a loan to be repaid, not simply a gift. And in that post, I gave rather…
The North Dakota Supreme Court recently held that a prenuptial agreement signed just two days before the wedding was still valid and that the other spouse had sufficient time to confer with counsel because she had been presented with the agreement several weeks previously. Why does a North Dakota ruling…
Pay into Social Security, and you receive the benefits. Unless the system goes insolvent, this has long been everyone’s assumption about how the system worked. Unfortunately, a federal law dating back 40 years known as the “Windfall Elimination Provision” discriminated against employees who had paid into Social Security before transferring…
In a brand-new case decided last week, the Colorado Court of Appeals held that a child’s funds held in a properly constituted Uniform Transfer to Minors Act (UTMA) account are not marital assets, and it was error for the trial court to divide the account between the parties on a…
With inflation under control, the large annual increases in military pay, VA disability and military retirement rates are behind us. Last year, for FY 2024, military retirees received a 3.2% annual cost of living adjustment, and the just-announced increases for 2025 are even lower – back their traditional, pre-inflation levels. Military…
Typically, when spouses own joint property, such as by jointly titling an asset, that creates a presumption at divorce that the property is a marital asset, see, e.g., Finer. A spouse who brings an asset into marriage (i.e., premarital assets) or was gifted property during the marriage can generally preserve…
Rules are rules – without them, it would be anarchy. Thanks to Colorado having a different standard of service requirement depending upon what legal documents are being served, even courts are confused about when email service of process may be permitted. For non-contempt cases, the most common types of service…
