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With more than 20 years of litigating in Colorado courts either the validity of premarital agreements and marital agreements (aka “prenuptial agreements” and “postnuptial agreements”), or, more commonly, litigating how to interpret ambiguous prenup clauses, the Graham.Law attorneys have seen it all. We’ve seen a few excellent prenups – and…
Why Not a Do It Yourself Prenup? At Graham.Law we are big fans of people handling their own family law matters when possible, and even created a whole Do It Yourself Divorce Guide section of our Colorado Family Law Guide to help pro se litigants represent themselves. But when it…
This post was inspired by a reader who sent me an email questioning how Colorado can treat VA disability payments as income when federal law prohibits states from dividing VA benefits, and does not explicitly authorize states to count them as income. Every so often my firm receives profanity-laden emails…
Federal law is pretty clear – a military disability retirement (also known as a “Chapter 61” retirement) is not divisible property in a divorce, with a limited exception to the extent that the longevity method results in a higher payout than the percentage of disability method. See our article on…
The Colorado Court of Appeals just considered an issue of first impression, whether unrealized gains or dividends income in an investment account count as income for purposes of calculating child support and maintenance. And the answer to that was “no”, as mere “paper gains” are not included in a party’s…
Believe it or not, lawyers get taken too (not your humble correspondent!) – all the way from elaborate scammers who try to bilk them out of hundreds of thousands, down to actual companies who use dubious techniques many of us consider to be shady – like this SSL certificate renewal…
Maybe not. Seriously – a prenup is not for everyone, so before spending money, consider whether you really need a Colorado prenuptial agreement. They cost money to prepare (including possibly having a pay the other party’s legal fees when your fiancé cannot afford a lawyer), and the message a pre…
Every so often a court decision can still somewhat surprise me, and a recent unpublished decision from the Colorado Court of Appeals did just that by holding that a spouse who worked a 30 hour/week part-time job was not voluntarily underemployed for purposes of calculating child support or maintenance. In…
Yet again, a spouse at divorce who merely asserted a claim for separate property in a divorce lost because he did not actually submit evidence to prove the separate property claim based upon premarital employment. Colorado law provides that upon dissolution of marriage, the court “shall set apart to each…
A former stepparent with minimal parenting time does not owe a duty of child support, per the Colorado Court of Appeals. Back in 2019, the court of appeals issued a ground-breaking decision, A.C.H., which held that a psychological parent who sought court-ordered parenting time also had a duty to pay…
