Graham.Law Blog

With the latest rounds of Covid-related stimulus checks, the federal government has now given most American families thousands of dollars. And since these funds are not regular tax perks, they almost certainly have not been addressed in divorce decrees, nor has there been time for appellate courts to provide us…

In a new decision, the N.H. Supreme Court issued a unanimous, and brief, decision holding that same-sex adultery are sufficient grounds for a fault-based divorce, just like heterosexual adultery. This falls into the category (to me, at least) of “who knew” for two reasons: With legal recognition of same-sex marriage,…

Paternity cases, and determining a child’s parentage in Colorado, are governed by the Uniform Parentage Act. And courts are limited to the text of that statute. In K.L.W., the mother of twin 9-month old babies was not in dispute, but the children had two different presumptive parents under the Uniform…

Back in 2019, the Colorado Court of Appeals held that a marital agreement (prenup or postnup) was required to be in writing and signed by both parties under the Uniform Premarital and Marital Agreements Act, and reversed a trial court decision upholding an oral agreement which purported to set aside…

Back in 2019, we wrote about the Blaine case, where the Colorado Court of Appeals held that one spouse conveying property to the other using an Interspousal Transfer Deed turned that property into the other spouses’ separate property Today, the Colorado Supreme Court reversed the decision, holding that unless one…

Scarcity of Cases Involving Vaccines Unlike some states, Colorado has limited guidance from our appellate courts when it comes to dealing with vaccines, or childhood immunizations in divorce or other child custody matter. In two vaccine cases our firm has handled in the past two years, the ultimate orders issued…

Last month the Colorado Court of Appeals considered the appropriateness of a trial court including in a party’s income undistributed business earnings never actually paid to him, or “phantom income.” In Hills, the husband had a 2% partnership interest in a company. but as an “economic unit partner”, he was…

The Colorado Court of Appeals has just issued a decision holding that domestic relations judge may award retroactive temporary maintenance at a hearing, even when the spouses were still living in the same house. Facts Supporting Retroactive Temporary Maintenance In Herold, the parties had a common law marriage for over…

Almost two years ago, we wrote about a Colorado Court of Appeals decision where the Court found that all of the evidence of common law marriage had to be considered, and the fact that the parties filed separate tax returns could not be the controlling factor in the face of…

January 11, 2021 was a big day for common law marriage in Colorado. The first three decisions issued this year by our Supreme Court were all on the issue of common law marriage. This article focuses on the first of those decisions, Hogsett, where the Court significantly revised its 33…