19 Jan: What Is An Automatic Temporary Injunction?

Once a divorce case is filed or a case for legal separation, the court issues an automatic temporary injunction connected to the summons. In the summons, there is an injunction that prohibits you from disposing of assets, except in the ordinary course of business, from disparaging, harassing, molesting the other party and from taking the children out of the State without the permission of the other party. This is effective immediately upon the service or…

12 Jan: Can I Go Back To My Maiden Name After My Divorce Is Final?

The actual answer to that is no. Once the decree of dissolution of marriage is entered, and you did not change your name, you can’t. The only way that you can change your name moving forward, is to file a separate action for a name change, and that is a pain (to be honest with you). You have to get fingerprinted, file a separate petition and make sure that notice is given. If you think…

05 Jan: What Are The Rights Of A Father Who Is Not On The Birth Certificate?

If the father is not on the birth certificate, what rights do they have? You can file either a paternity action or an action for allocation of parental responsibilities. As part of that proceeding, if it’s a disputed fact you can ask that a paternity test be done to establish paternity with your child. You can move forward with a court proceeding. If the question of whether or not you’re the dad is an issue,…

29 Dec: When Should A Prenuptial Agreement Be Considered?

A prenuptial agreement should be considered in almost every case. I do prenuptial agreements, and I encourage people to consider entering into a prenuptial agreement. That doesn’t mean that you think that your marriage is going to fail, but it’s important to define your rights and obligations going into a marriage, and a lot of times in the context of a prenuptial agreement, the couple has a dialogue about who is going to pay for…

22 Dec: When Does A Child Become Emancipated In Colorado?

In Colorado, child support goes until the child turns 19. So for at least for child support purposes, a child is emancipated when the child turns 19. In many instances, a child would have graduated from high school and might even attending college, but still, there will be a child support order. Child support can continue past the age of 19 if there are certain unique factors. One if a disability of the child that…