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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…
Personal jurisdiction is one of those concepts that causes people’s eyes to glaze over—even lawyers’. It brings back memories of our Civil Procedure class in law school, having to analyze decades-old U.S. Supreme Court cases that discuss what minimum contacts are required to haul an out-of-state respondent into court in…
In 2024, the Colorado Court of Appeals continued the trend of not allowing any judicial relief when a military retirement shrinks due to either VA disability or a Chapter 61 disability retirement. Before the U.S. Supreme Court’s Howell decision in 2017, Colorado was among the majority of states that required…
It is unusual to see copyright law or other intellectual property issues in a dissolution of marriage case – the last time we wrote about intellectual property was in 2020, involving the division of Ewan McGregor’s royalties for acting in Star Wars. And like that case, the subject of today’s…
Note – this post is about Colorado efiling for court documents, so if you came here looking for information on filing your tax return, sorry. Colorado attorneys have long had the ability to file documents electronically (aka “efiling”) with the Court in certain cases. It has been a real timesaver,…
As a family law firm, it is rare that we report on criminal cases, but People v Zoller is one of those times where criminal law and family law intersect. Specifically, to what extent does a mandatory protection order (MPO) issued by a judge in a criminal case override a…
I’m not normally one to follow celebrity gossip, but I am a legal news junkie. A recent news article about two celebrities captured my attention as it relates to family law. Television host Jeannie Mai has asked the judge presiding over her divorce from rapper Jeezy not to enforce their…
How to resolve conflicts when parents with joint decision-making cannot agree has become a hotly-litigated area of family law in recent years, with much of the litigation focusing on the choice of the child’s school, and on child immunizations. The Colorado Court of Appeals recently decided the E.E.L.-T. case, which…
Yes. And thank you for reading the world’s shortest blog post, with a question answered in just one 3-letter word. But being a lawyer, the answer does require more explanation. OK, more seriously, the process for a pregnant spouse to obtain a divorce in Colorado may be more cumbersome, but…
