Divorce in the News: Stay-at-Home Parents Are At Financial Risk During Divorce

A very interesting article in the Huffington Post this morning, written by divorce lawyer Beverly Willett, entitled, “Are Stay-At-Home Parents At Financial Risk During Divorce?“  Willett writes,

In practical terms, if the breadwinner leaves, the first risk faced is lack of immediate access to funds. Even if you have a joint bank account, your spouse might decide to open a new one in which to deposit paychecks. Joint stock or savings accounts may require joint approval for withdrawals. This could leave stay-at-home parents hostage for money until they are able to secure a temporary order of support as well as funds with which to defend themselves. For that, they’ll undoubtedly need to hire an attorney and pay a retainer, unless the lawyer is willing to wait.

Indeed, the non-working spouse is at the greatest risk when the divorce was not anticipated.  Unfortunately, most states have adopted no-fault divorce grounds, permitting one spouse to the union to seek divorce unilaterally, regardless of the other spouse’s wishes.  In Colorado, the cause of the breakup of the marriage is not admissible in the divorce.  Courts will not consider which spouse is at fault when weighing how to divide property “equitably.”  The benefits the innocent spouse expected to receive from the continuation of the marriage are not deemed relevant, even when it comes to the award of spousal maintenance.  Willett continues,

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Advice for Parents in the Military

Thank you for your service!

Active military duty is hard on families.  Too often, marriages are a casualty of war.  When our servicemen are deployed for long periods of time, it is not uncommon for husbands and wives to grow apart.  Even when marriages survive, relationships with children can suffer.

If you and your spouse are having marital difficulties, and you anticipate separation or divorce, don’t forget the children.  Your efforts to maintain contact with your child during duty and deployment will directly affect the amount of parenting time you are granted when the divorce is final.  It could even determine whether the other parent is permitted to move out of state with your child.  Here are a few suggestions:

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Do-It-Yourself Divorce?

Representing yourself in court can be scary.

Representing yourself in court can be scary.

Do I have to hire a lawyer to get a divorce?  The answer is no:  you have the right to represent yourself in court. Pro se (pronounced “pro say”) is the term used to describe a party who represents himself in court, without an attorney.  In as many as half of the divorces filed in El Paso County today, neither party hires a lawyer.  The most common reason a person will represent himself is the high cost of hiring an attorney.  While you can represent yourself, for the reasons stated below, I don’t recommend it.

Why does divorce cost so much?  The old punchline says…. Continue reading

Keep a Visitation Journal or Calendar!

22888gfb1yh0sed1Honore: We met at nine
Mamita: We met at eight
Honore: I was on tim
e
Mamita: No, you were late
Honore: Ah, yes, I remember it well. We dined with friends
Mamita: We dined alone
Honore: A tenor sang
Mamita: A baritone
Honore: Ah, yes, I remember it well!

(“I Remember It Well,” from the musical Gigi, 1958)

“He said, she said.”  That’s what we call a dispute between two parties when the only evidence is one parties’ word against the other.  When there are two sides of a story, the judge must determine which party to believe: Which party is more credible?  Is there any other evidence which will corroborate a party’s story? Continue reading

Welcome to my blog!

Kirk Garner has offices in Colorado Springs and Woodland Park.

Kirk Garner has offices in Colorado Springs and Woodland Park.

My name is Kirk Garner.  I am a lawyer with more than twenty years experience in a wide variety of family law matters, from divorce to child custody, child support to visitation, grandparents’ rights to adoption.  I practice law in Colorado Springs and Woodland Park.

I am writing this blog to provide general information to people who are considering or are already engaged in family law litigation in the State of Colorado.  I will address various topics related to family law cases; however, not everything will be directly related to litigation.  I will provide information to help parents guide their children through the difficult and painful process of separation, divorce, and visitation.

You should be aware that the advice and information provided in this blog does not create an attorney-client relationship.  Your comments are not covered by the attorney-client privilege.  If you are  seeking specific information about the law and facts of your particular case, you should contact an attorney in your area.

If you have a topic that you would like me to discuss, please let me know.  If you need further information, contact my office to set up a consultation.  I look forward to meeting you and assisting you and your family with all of your family law needs.