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Fort Collins Family Law Blog

Colorado lawmakers decide on civil unions

To have and to hold from this day forward till death (or divorce) do us part -- a common oath made by couples everywhere when they opt to take the marital plunge with their husband or wife. But what about same-sex couples? Do they not deserve to make the same pledge to their loved one? Do they not deserve the chance to legally divorce when that marriage fails, just like their heterosexual counterparts? These are some of the questions being posed to Colorado lawmakers in recent days; a sentiment that is supported by many politicians, including Governor Hickenlooper.

Same-sex couples and supporters throughout the nation have been eagerly waiting for many states, including Colorado, to pass legislation to allow civil unions or gay marriages. With this expansion of more states, it will not only permit same-sex couple to get married, but also streamline the divorce process for them as well.

Co-parenting may prove to be effective after divorce

Every year, thousands of newly divorced parents in Colorado, and across the United States, are forced to confront the problem of how to raise their children. While divorce can understandably lead to hard feelings between you and your former spouse, it is important that your children do not suffer as a result. By appropriately dealing with the stress of divorce, you can ensure that you and your former partner can properly care for your children despite any former conflict you may have had.

Regardless of your relationship with your ex-spouse, you should not let any disputes between you get in the way of your child's development and emotional health. Parenting experts say it is important to allow a child to have a positive relationship with both parents, which can be difficult after a particularly painful divorce. It may be difficult to avoid speaking poorly of your child's other parent, but doing so may negatively impact the child's perception of that parent.

Mediation popular for divorcing couples

As the lagging economy continues to take its toll, an increasing number of divorcing couples are looking to mediation as a way to save time and energy by avoiding a long and drawn-out legal dispute. While mediation often still requires each party to employ an attorney, it can help expedite the divorce process and leave both parties with more assets after property division.

According to data from the Colorado Judicial Branch, about 72 percent of divorcing Colorado couples filed separation agreements in 2011, an increase from 60 percent in 2007. In many of these cases, these separation agreements led to final settlements. The total number of divorces rose between 2007 and 2010, decreasing again in 2011.

Military divorce rates on the rise

As more and more of our troops come home the adjustment to life back with their families can be very overwhelming. It can also be difficult for families whose military mom, dad or husband has been away to readjust to having another adult back in the home contributing to household chores and discipline.

A recent report from the United States Department of Defense shows divorce issues are increasingly affecting more enlisted troops from Colorado and across the U.S. The year 2011 saw more military divorces than 2010 and conformed to an upward trend first established in 2001. When the U.S. military first entered Afghanistan, the rate of divorce among members of the military was 2.6 percent, but that figure has since risen to 3.7 percent.

Colorado divorce delay proposal retracted

A Colorado state bill that would have required parents to complete counseling classes before filing for divorce has been canceled after the senator that proposed the measure realized that the bill would "take much more time and deliberation than the upcoming session will allow." The Republican senator explained that the he has never received more feedback from constituents in his 10 years in office than on the proposed divorce bill.

He initially planned to introduce the bill to address what he sees as a crucial problem in the way divorces function. He was quoted in a Colorado newspaper as saying, "We have made it just too easy to bail out of a marriage." Soon after the remark, citizens, legislators and attorneys across the country questioned the supposed need for the bill.

Air Force sees most divorce of any military branch

Colorado residents may be interested in learning about a recent report from the United States Defense Department reveals that the divorce rate in the military is at its highest since 1999. Out of all the armed forces branches, the Air Force is shown to have many more divorces than any other. In all, divorces involving individuals enlisted in the Air Force accounted for 6,743 divorces. This is about 4.6 percent of the United States' total 30,000 divorces in 2011.

A high-ranking official with the Air Force explained that divorce issues for enlistees can be caused by a number of factors, but attributed many to the stress of two wars and multiple deployments. He writes, "Deployments do take a toll on families. What we do is not easy, and separation can be difficult." He added that the return home from deployment can also be difficult for many Air Force enlistees.

Kobe and Vanessa Bryant to divorce

Before 2011 comes to a close, another Hollywood couple has decided to call it quits in 2011. Possibly stemming from their 2003 troubles that began in Colorado, Vanessa Bryant has filed for divorce from husband and NBA superstar Kobe Bryant.

Perhaps in an attempt to avoid making the details of the ensuing divorce public, the statement made by the couple told fans and reporters that Vanessa and Kobe had "resolved all issues incident to their divorce privately." According to court papers filed with the divorce petition, the couple will share child custody over their two daughters.

Preparing for a custody battle

While couples must frequently overcome a number of hurdles when pursuing divorce, determining child custody can be one of the most contentious steps in the entire process. Colorado courts prefer to award joint custody, with both parents being awarded legal and physical custody of their children. Some parents adapt to this situation easily, while others agree to award physical custody to one party with the other being granted visitation rights. In these cases, child custody can be determined quickly and without argument.

However, parents that disagree over custody arrangements can easily be drawn into a long legal battle, often requiring the intercession of a third party to be settled. Some parents employ family law attorneys or mediators to help them come to an agreement. Even in informal negotiations where courts are not involved, experts recommend that each parent consult an attorney to help them better communicate their needs and desires to the other party. Parents may also reach an agreement through out-of-court resolution proceedings, which must be approved by a judge to become final.

Army sergeant wins placement of daughter

A recent blog post discussed the struggle of an Army sergeant who hoped to get custody of his daughter. The sergeant, who was formerly of Colorado, has now secured placement of his 13-year-old daughter after months of work. The girl had been in her mother's care, but was eventually removed after her mother was convicted of DUI. She then became a state ward. When the sergeant returned to the U.S. from duty in Afghanistan, he discovered that his daughter was missing and his ex-wife was listed in a treatment facility. He requested custody of the girl, but courts were hesitant to move her to Colorado, where the sergeant was stationed at an Army base.

The sergeant argued that courts usually award child custody to fit, noncustodial parents in such cases, asserting that he fit this description, but his requests were ultimately unsuccessful. Finally, he filed for a compassionate reassignment with the Army, hoping to be placed in the girl's home state. His request was granted, with the Army transferring him out of Colorado and into a military recruit processing station near the girl's home. While the girl has since been officially placed with him, the sergeant says he plans to pursue full legal custody.

Marine, ex-wife battle over child support, alimony payments

Military divorces, just like civilian divorces, in Colorado and across the United States can be stressful. But they also come with an extra set of laws and circumstances that need to be taken into account.

A recent news report detailed a 14-year marriage that ended with a strained military divorce. The divorce has brought accusations and lawsuits for the U.S. Marine and his ex-wife.

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