Archived Posts - May 2009
Marital Property
After a divorce action is filed, the Court will issue a temporary domestic order instructing both parties not to interfere with marital property. Pursuant to C.R.S. Sec. 14-10-107(4)(b)(I)(A)&(D), a party is restrained from transferring, encumbering, concealing, or in any way disposing of, without consent of the other party or an order of the court, any marital property. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm. Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm' …
Rich Harris on the Tom Martino Show - Fox 31 News
President and Managing Partner of The Harris Law Firm, Rich Harris will appear on the Tom Martino Show on Fox 31 TV on Monday, June 1st from 9 am to 10 am to discuss Colorado family law. The show will be re-broadcast on KWGN Channel 2 at 11 am.
Will the Decline in the Economy Curb the Divorce Rate?
Many divorce lawyers have theorized that family law is a recession proof practice area, but economists have predicted that the decline of the housing market may change that. With many couples most valuable asset being the marital home, warring spouses may consider staying together until the housing market recovers. But as glimmers of an economic recovery begin to flicker, it appears that those who forced themselves to endure difficult marriages are seeking divorces at a rate more consistent with statistics established in recent decades.
Peter Andre to File for Divorce from Katie Price
Model Katie Price, aka Jordan, visited with her divorce lawyer Fiona Shackleton, the family law attorney who represented Paul McCartney in his divorce from Heather Mills. Apparently Price is not ready to talk to the press about what is going on, but it is rumored that she is spending more and more time with her riding coach, Andrew Gould. Singer Andre is now staying at the home of his agent, Claire Powell, but looking to buy a home close to Price so he can see their children.
2009 Eventful Year for Octo-Mel!
Only 6 weeks after Mel Gibson's wife filed for divorce after 28 years of marriage, Mel announced that he and girlfriend Oksana Grigorieve are expecting a child. The 53 year old actor has 7 children with wife Robyn, but they have been separated for almost 3 years. Teased by Jay Leno, host of The Tonight Show, about saving so many children, Gibson remarked, "I guess I'm OctoMel now!"
Arranged Marriages in Iran are More Successful
New research conducted in by Tehran University in Iran indicated that nearly 90% of the Iranian "love marriages" ended in divorce. The study showed that the factors that lead to marital breakdowns among young people included marrying before they realized the magnitude of their cultural, financial, and/or religious differences, and their desire to live only "for better, for richer, and in health". According to the same study, only 15% of the marriages that were arranged by the couples parents ended in the dissolution of marriage, and only 2% of those who attended couples cou …
Rich Harris on Tom Martino Show Today from 12 to 3 pm
Rich Harris will appear on The Tom Martino Show from 12 to 1 pm on KHOW 630 AM today and again on June 29th. Listen to Rich Harris, President of The Harris Law Firm, discuss Colorado Family Law and expound on subjects that include divorce, allocation of parental rights, modifications of child support, etc. Call Tom Martino and Rich Harris and ask your question live at 303 713 8255 (TALK)
Sean Penn Calls Off Divorce for the 2nd Time
Oscar winning actor Sean Penn who recently filed for divorce for the second time in 16 months, has now withdrawn his motion and wants to dismiss his case for a legal separation from actress Robin Wright Penn. Mr. Penn has stated that he acted in anger and should not have filed. It has been rumored that Mr. Penn has been having a relationship with actress Natalie Portman.
Mel Gibson's Child on the Way May Not Impact Pending Divorce
Although Mel Gibson's new girlfriend is now pregnant with his child, the fact will not likely be a factor in his pending divorce. Beverly Hills attorney Evan T. Sussman of Sussman and Associates, a Certified Specialist in Family Law, explains that California is a no fault state meaning that adultry is not an issue in legal matters involving divorce. He further explained that Robin, Mel's wife of 28 years, could, however, react more emotionally to the divorce and issues regarding child support, maintenance, and the division of property could be more difficult to resolve. Oksana's pr …
Texas Amends the 60 Day Waiting Period for Divorce
Michael Cheroutes Jr., a family law attorney and a partner at The Harris Law Firm, says that the Texas Senate approved legislation this week granting 2 exemptions to the 60 day waiting period currently required before couples can divorce. The bill is designed to allow victims of domestic violence to end a marriage immediately. The exemption would allow spouses who have been victims of domestic violence to avoid the mandatory waiting period when their partner has been convicted of domestic violence or has been served with a restraining order. The legislation must still be approved by …
Rich Harris Discusses Family Law on Tom Martino Show
Rich Harris, President and Managing Partner of The Harris Law Firm, discussed the modification of parenting time on the Tom Martino Show on KHOW yesterday. Rich will be discussing Colorado family law with Tom Martino on KHOW 630 AM every Wednesday at 12:30 pm
Rich Harris & Tom Martino 630 KHOW Wednesdays at 12:30 pm
Rich Harris will appear on the Tom Martino Show, 630 KHOW, on Wednesdays at 12:30 pm to discuss Colorado family law. The Harris Law Firm is now listed as the go to family law firm on Martino's referral list at www.mylegalhelpcenter.com
Imputing Income
Child support is calculated using the custodial and non-custodial parent's income. The court maintains the right to deviate from the guidelines if it believes it is justified, but in most cases the court will follow the amount proscribed by these guidelines. If one parent is voluntarily underemployed because they have remarried and no longer need to work, it is possible for the court to impute income to the non-working parent for child support purposes.
Happy Divorce?
A growing number of family law attorneys are becoming disciples of collaborative law, a process which brings civility and cooperation to the divorce process. Rather than each spouse paying for litigators, both parties agree to settle in a professional manner outside the courtroom. Collaborative law converts say that in addition to being less divisive, the process if often faster and less expensive. High profile cases, including celebrities Roy Disney and Robin Williams, used collaborative law because it maintains their privacy.
When Paternity is Confirmed, Fathers Can Be Liable for Support
If paternity is confirmed by a DNA test, and it can be proved that the father was aware of the existence of the child and intentionally evaded responsibility, it is possible for the court to order the biological father to pay child support back to the birth of the child.
Body Guards Escort Hulk Hogan's Wife to Divorce Hearing
Linda Bollea, estranged wife of Terry "Hulk Hogan" Bollea, had private security guards escort her in and out of the family law courthouse today in Clearwater, FL. Mrs Bollea has informed reporters that she fears for her safety since her soon to be former-husband is "a guy with a lot of rage and issues with jealousy." There is a hearing scheduled in June and the trial is set for October.
Divorce Now Carved in Stone
The divorce between actress Sharon Stone and her editor husband, Phil Bronstein was recently finalized in Washington D.C. The couple married in 2003, separated in 2008, and had an amiciable divorce. They now share custody of their adopted son Roan, who is 4 years old.
How Child Support is Spent
A parent cannot demand to see an accounting of how the child support payment is spent in the State of Colorado. It is presumed by the Court that the funds are being used to benefit the children even if an indirect manner.
How Paternity is Established in Colorado
Paternity can be established by several methods: 1. A judge or other judicial officer of a Colorado Court may enter an order 2. The county Child Support Enforcement Unit may also establish paternity 3. Unmarried parents can sign an Acknowledgement of Paternity form at the hospital when the child is born.
How Does the Court Define "Decision Making Responsibilities"?
Decision making responsibilities are the part of the parenting plan that addresses major decisions like religion, education, medical care, extra curricular activities, etc. Day to day decisions such as hygiene, diet, clothing, etc. is made by the parent who is caring for the child that day.
Modification Cases Increase During Economic Downturn
In a recent survey of the American Academy of Matrimonial Lawyers of Chicago, 39% of the nations top divorce attorneys cited an increase in modifications being made to child support payments since the economic downturn began. Additionally, 42% of the members reported a rise in the number of changes made to spousal support, also called "alimony" or "maintenance."
Super Model Stephanie Seymour Files for Divorce
Former Victoria Secret model, Stephanie Seymour, has filed for divorce from her billionaire husband in New York. Still living in the marital home, albeit the maid's quarters, Ms. Seymour gave the press no reason for the divorce, but stated that her husband, Peter Brant, is "playing dirty." Brant, former owner of the White Birch Paper Company, is an avid art collector and the publisher of Interview and Art in America magazines. The couple have 3 children.
Couples Counseling: Some Techniques are Not Effective
According to Dr. Bonnie Maslin, a well-known psychotherapist and author of "The Angry Marriage", new research indicates that some of the popular couples counseling techniques are not effective. The recent studies debunk conventional wisdom by showing that "Active Listening", or "Parroting" simply doesnt work. "Active Listening is a widely used technique in couples therapy in which one spouse complains about the other and the other spouse repeats the complaint in his or her own words and says, "I hear what you are saying. New research indicates that …
Attorney Margaret Walker Named Pro Bono Coordinator
Rich Harris, President and Managing Partner of The Harris Law Firm in Denver, Colorado is pleased to announce that family law attorney Margaret "Peggy" Walker has been named the new "Pro Bono Coordinator" for the firm. Ms. Walker will coordinate the with the firm's 13 family law attorneys to provide free legal services to those who cannot afford a lawyer. Ms. Walker has practiced family law in the State of Colorado since 1977, and is a former law professor with the University of Denver Sturm College of Law. In addition to her practice as a family law attorney for Th …
Harris Law Firm Paralegal Achieves Advanced Certification
Michael Cheroutes Jr. a partner with The Harris Law Firm, announced today that Ms. Jennifer Sutherland, one of the firm's paralegals has been awarded the prestigious Advanced Certified Paralegal designation by NALA, The Association of Legal Assistants/Paralegals. Ms. Sutherland recently completed the requirements for certification and is now authorized to use the "ACP" designation. NALA is the leading professional association for paralegals in the US. The Harris Law Firm congratulations Jenny Sutherland!
John H. Tatlock Joins The Harris Law Firm as Special Counsel
Rich Harris, founder, President and Managing Partner of The Harris Law Firm has announced that John H. Tatlock, Esq. has joined The Harris Law Firm as Special Counsel. Tatlock is a trial attorney with more than 20 years of experience in complex litigation.
Supporting Children from Different Marriages
The obligation to support a child of a previous marriage does not end when a parent remarries and has additional children. The Colorado Court will not allow a parent to violate a child support obligation simply because he or she has new children to care for. Understandably the cost of supporting children is substantial; however if a parent ignores their financial obligation and that responsibility falls into the hands of the government to support the child, the Child Support Enforcement Agency will seek to garnish the parents wages to pay for child support and any arrearages.
Keeping Your Married Name
Regardless of her former husband's preference, a woman has the legal right to maintain the use of her married surname if she chooses to do so. Located in Denver (303) 299-9484 and Fort Collins (970) 472-1838, The Harris Law Firm is Colorado's largest family law firm. Focusing exclusively on Colorado Divorce and Colorado Child Custody and Support, the firm's philosophy is to work with you to resolve your legal matter in the best way possible. When you consult with one of our attorneys, the expert legal advice you receive will help you understand your rights and options according to Color …
Social Norms Lower Divorce Rate in New Zealand
Government statistics indicate that the New Zealand divorce rate has fallen to the lowest level in 27 years. New figures show that the divorce rate is now 11.3 per 1,000 marriages in 2008, down from 12.8 in 2004. Mental health professionals are saying the reason for the slowing divorce rate is that marriage has become a choice rather than a social norm and couples are waiting longer to tie the knot. One in five partnerships lived together without being married in 2008, while the ratio in 1996 was one in seven. In 2008, the median age for marriage was 32.5 for men and 30.2 for women, compared w …
Colorado's Family Law Team
Length of Marriage Only One Factor When Determining Alimony
There is no specific amount of time that a couple must be married that determines if one party will receive alimony, spousal support, or "maintenance" as it is called in the State of Colorado. The length of the marriage is only one factor that is taken into account when the court determines a maintenance award.
