Ammarell Deasy, LLP Ammarell Deasy, LLP 2026-05-26T09:41:03Z https://www.adlawcolorado.com/feed/atom/ WordPress /wp-content/uploads/sites/1401909/2020/05/cropped-favicon-3-32x32.png On Behalf of Ammarell Deasy, LLP <![CDATA[4 ways to reduce disputes with a high-conflict co-parent]]> https://www.adlawcolorado.com/?p=50587 2026-05-26T09:41:03Z 2026-05-26T09:41:03Z Follow your parenting plan strictly Colorado courts enforce detailed parenting plans for a reason. These plans list schedules, decision-making authority and exchange procedures. When you follow the plan, you prevent room for disagreement. If your current plan does not cover certain situations, you may need to ask the court for a modification. Generally, you must show a major change in conditions that affects your child's well-being.

Keep communication brief and focused

Limit interactions to discussions about the children's health, education and schedules. When doing so, it may help to communicate calmly and clearly. Avoid sharing personal information or responding to hostile comments. Many parents find success using written communication through email or co-parenting apps. This can help create a record of all exchanges. It can also give you time to respond carefully rather than react with emotion.

Use neutral exchange locations

When doing custody exchanges, it may be helpful to choose public locations. Such as parks, police station parking lots or school drop-offs. These settings may prevent confrontational behavior and provide witnesses if conflict happens. Some Colorado counties also offer supervised exchange programs through family court services. Neutral locations can help create boundaries. When you remove the personal part from exchanges, you help move your children safely between homes.

Regularly gather documentation

Keep records of all communications, especially if there is a conflict. Document when your co-parent arrives late for exchanges or misses scheduled parenting time. This information can help if you need to return to court for enforcement or modification of orders. Organized documentation helps present clear proof of ongoing issues.

Preventing disputes from escalating

Co-parenting with a high-conflict person often needs firm boundaries. Colorado law provides various ways to address co-parenting conflicts when they arise. Taking measures early can prevent larger problems down the road and help ensure your parenting time remains protected.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Documenting domestic abuse prior to filing for divorce]]> https://www.adlawcolorado.com/?p=50585 2026-05-20T19:12:47Z 2026-05-20T19:12:47Z If you are struggling in an abusive relationship, a divorce can seem like an initial win. However, you need to take certain steps to strengthen your case and ensure the history of domestic violence is well documented in the legal system. Documenting everything that you’ve had to endure helps show a pattern of abusive behavior. Maintaining a clear, objective record can support your position during the many legal battles that might stand in your future .

Safety comes first

Before gathering documentation, it's important to prioritize safety. Try collecting information on devices that are not easily accessible to the abusive partner. Keep physical evidence safe and confidential.

Important evidence to collect

Evidence and documents could include:
  • Texts, voicemails or emails
  • Pictures of injuries or property damage
  • Screenshots of digital abuse
  • Journal entries with detailed information on incidents
  • Medical records 
In case children are involved, records showing how domestic violence affected the emotional development of the child would also be helpful. Protection of children will become an important factor during parenting plan and custody decisions.

Financial documentation

Organizing financial records early may help you avoid disputes later in the divorce process. For high-income couples divorce may also include significant wealth and assets. You  should gather information regarding financial information such as:
  • Banking account details
  • Credit card info
  • Tax returns 
  • Mortgage or lease info
Proper organization of financial paperwork can go a long way toward making the process of resolving financial issues more manageable during divorce proceedings. 

Moving toward a safer life

Documenting domestic abuse for divorce not only helps to secure your safety but also protects your future and the future of your children. Careful preparation and legal guidance can pave a way for them to move toward a healthy and stable future.  ]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Can Denver custody exchanges happen without direct contact?]]> https://www.adlawcolorado.com/?p=50583 2026-04-30T15:05:16Z 2026-04-30T15:05:16Z For some parents, the hardest part of shared parenting is not the schedule itself. It is the moment when both parents have to see each other. A simple pickup can become tense when there is conflict, fear, past abuse or a protection order in place. In Colorado, custody is called the allocation of parental responsibilities. Parenting time decisions focus on the child’s best interests, and safety concerns can affect how exchanges happen. Colorado law also recognizes that domestic violence matters in parenting decisions, especially when contact could place a parent or child at risk.

Exchanges can be structured around safety

A parenting plan can include specific rules for how exchanges happen. The goal is to reduce stress for the child while making the process safer and clearer for both parents. Depending on the family’s situation, exchange options may include:
  • Third-party exchanges: A trusted adult helps transfer the child between parents.
  • School or daycare exchanges: One parent drops off and the other picks up later.
  • Public location exchanges: Parents use a neutral place with people nearby.
  • Staggered timing: Parents arrive and leave at different times.
  • Supervised exchanges: A professional or approved person helps manage contact.
These arrangements can help children avoid watching arguments or feeling responsible for keeping the peace.

Protection orders must come first

If a protection order exists, parents should not create informal exchange plans that violate it. The Colorado Judicial Branch explains that protection orders, also called restraining orders, can require a restrained person to stop specific acts against protected people. Those restrictions may affect calls, texts, in-person contact and parenting exchanges. A parent may need the family court order and protection order to work together. Clear language matters. If the orders conflict or leave exchange details unclear, parents may need court guidance before making changes on their own.

Parenting plans should reduce confusion

A vague plan can create repeated conflict. Instead of saying “parents will exchange the child on Sunday,” the plan can state the time, location, transportation details and backup steps if someone runs late. In a child custody matter, these details can protect both the child’s routine and the parents’ boundaries. Written terms also make it easier to show whether each parent followed the plan.

The child’s experience matters

Children remember how transitions feel. A calm exchange can help them move between homes without absorbing adult conflict. If direct contact feels unsafe or keeps leading to arguments, the next step is to document the problem and ask for a plan that gives the child structure, safety and room to love both parents without standing in the middle.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[What happens to monetized content in divorce?]]> https://www.adlawcolorado.com/?p=50581 2026-04-30T14:43:41Z 2026-04-30T14:43:41Z What counts as monetized content Content-based income can take many forms, and not all of them look like a traditional business. Courts focus on whether the work generates income or holds value. Common examples include:
  • Earning income from social media platforms, podcasts or video channels
  • Selling paid courses, memberships or subscription content
  • Receiving revenue through brand partnerships or sponsorships
  • Generating affiliate income tied to content or audience engagement
  • Creating and selling digital products such as guides, templates or programs
If this income began or grew during the marriage, courts may view it as part of the marital estate. It will not matter that one spouse created the content. Courts may also consider how the shared life supported the time and consistency required to build that audience.

How courts look at ownership and value

Colorado courts focus on timing and contribution, often treating content that generated income during the marriage as marital property while still evaluating how much earlier platforms or brands grew. Rather than relying on account names or ownership alone, courts examine how the content developed and what each spouse contributed, including both direct work and indirect support like handling expenses or managing daily responsibilities. Because income from monetized content can fluctuate and often depends on audience engagement or platform rules, valuing it can be less predictable than valuing a traditional business, so courts and financial professionals may look at:
  • Past and current income
  • Consistency of earnings over time
  • Audience size and engagement
  • Intellectual property tied to the content
  • Future income based on past performance
Once courts set a value, they can take different approaches. One spouse may keep the platform or brand and offset its value with other assets. In some situations, spouses may agree to share income for a limited period if revenue depends on ongoing content creation.

When content becomes part of the bigger picture

As income from content grows alongside your daily routine, it can become a significant part of your finances. Keeping clear records, using separate accounts and tracking income consistently can help show how it developed and how others may view it later. Content-based income can feel deeply personal because it reflects your voice, your ideas and your time. That can make it harder to address than more traditional assets. Even so, these situations can be worked through in a way that accounts for both financial value and the effort behind it, while keeping the focus on what matters most to you and your family.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Does your ex’s new relationship affect custody?]]> https://www.adlawcolorado.com/?p=50579 2026-04-23T15:12:16Z 2026-04-23T15:12:16Z Does a new relationship impact custody? A former spouse’s decision to date or remarry does not automatically change custody, because courts generally focus on the child’s best interests rather than a parent’s relationship status. A new partner alone may not justify changing an existing parenting plan, especially when the parent continues to provide a loving, stable home. In many cases, the existence of a new relationship matters far less than how that household functions day to day.

When a new partner affects home life

A new relationship may draw greater attention from the court when it affects the child’s safety, stability or emotional well-being. Concerns usually grow more serious when they connect to the child’s actual experience, such as stress at home or disruption in daily life. By contrast, adult conflict may matter less than clear signs the child is struggling. Although every family situation is different, courts may look more closely at concerns such as:
  • Safety: The new partner has a history of violence, abuse, substance misuse or unsafe behavior.
  • Home environment: Conflict involving the new partner creates tension or instability in the household.
  • Stability: The child faces repeated introductions to short-term partners or sudden changes in living arrangements.
  • Emotional impact: The child shows anxiety, withdrawal or behavior changes after the relationship begins.
  • Boundaries: The child feels pressured to treat the new partner as a parent before trust develops.
These concerns often receive attention because they relate directly to the child’s daily life and sense of security.

Prioritizing your child’s well-being

Strong emotions commonly follow divorce, especially when a new partner becomes involved. But custody concerns usually carry more significance when they reflect a real effect on the child rather than unresolved tension between adults. When a new partner enters the picture, the focus typically returns to the child’s experience. The key factor is whether the child still feels safe, secure and cared for.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How does domestic violence impact children?]]> https://www.adlawcolorado.com/?p=50576 2026-03-27T09:38:35Z 2026-03-27T09:38:35Z Parents facing domestic violence often worry most about their children. The conflict in a home creates an environment of constant fear and instability, which can have deep and lasting effects.  While every child's reaction is unique, the harm is not just emotional, but can also manifest in their behavior and development. Here’s how domestic violence can affect your children.

Short-term effects

Children exposed to domestic violence often show immediate signs of distress. Younger children may experience regression, such as bed-wetting and increased crying. Meanwhile, school-aged kids might develop feelings of guilt and physical symptoms like headaches and stomachaches. Teens may start fighting with family members and engage in risky behaviors. These health issues can directly affect their ability to focus and succeed in school.

Long-term effects

The harm from witnessing abuse can extend far beyond childhood, creating patterns that influence adult life. As children grow into teenagers, they may engage in risky behaviors as a way to cope with their trauma. These early experiences can set the stage for significant challenges later on.
  • Struggling with depression, anxiety and other mental health conditions.
  • Developing chronic health issues like heart disease or obesity.
  • Repeating the cycle of violence in their own adult relationships.
  • Exhibiting bullying behavior or becoming a victim of bullying.
These outcomes show that exposure to violence is a critical adverse childhood experience with lifelong effects.

Protect your children from the effects of domestic violence

Creating a safe and stable environment away from conflict is the most important action a parent can take. This often involves developing a safe child custody arrangement and seeking support from professionals who can help address family trauma. Therapy provides children with healthy coping mechanisms to process their experiences, helping lessen long-term damage from exposure to violence.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Tax implications of property division in Colorado divorces]]> https://www.adlawcolorado.com/?p=50573 2026-03-25T15:26:35Z 2026-03-25T15:26:35Z The timing of your home sale matters When you sell your primary residence, the IRS allows individual filers to exclude up to $250,000 in capital gains, and joint filers up to $500,000. However, to claim these exemptions, you must pass strict ownership and use tests. For a joint $500,000 exclusion, generally at least one spouse must meet the ownership requirement, both spouses must have occupied the house as their principal residence for a minimum of two years within the five years before selling, and neither spouse has claimed this tax break in the prior two years. If your home has appreciated significantly, how you handle the sale is crucial. If you co-own and sell the home after a divorce, you and your ex-spouse may each still qualify for a $250,000 exclusion, depending on the terms of your separation agreement.

Not all retirement accounts are worth the same after taxes

Traditional 401(k)s and IRAs use pre-tax dollars, meaning you will owe taxes on future withdrawals. Roth IRAs use after-tax money, allowing for tax-free withdrawals (provided the account is at least five years old and you are over age 59.5. Dividing these assets tax-free requires strict procedures. ERISA plans like 401(k)s require a Qualified Domestic Relations Order (QDRO). IRAs, however, do not use QDROs; they require a "transfer incident to divorce." While your divorce decree dictates who gets what, it does not move the money. To execute the tax-free transfer, the IRA administrator will require a certified copy of your decree and a specific letter of instruction.

Investment accounts come with hidden tax liabilities

For families with significant investment accounts or stock options, understanding cost basis is crucial. When you receive stocks in a divorce, you take on the original "carryover basis" for tax purposes. This means you assume the original purchase price and the burden of paying any future capital gains taxes when you eventually sell.

Business assets and executive compensation need special attention

If you or your spouse owns a business or receives executive compensation, the tax implications multiply. Buyouts, deferred compensation and restricted stock units each have different tax treatments that can significantly impact your settlement's real value. Addressing tax implications early helps avoid regrets. Smart tax planning during your divorce ensures you and your children can move forward financially secure.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[How can you protect your retirement savings during a divorce?]]> https://www.adlawcolorado.com/?p=50568 2026-02-25T15:06:48Z 2026-03-04T15:03:02Z Divorce can feel intimidating, especially when you worry about your retirement. You may want to make sure your money is protected for the future. It is important to know that Colorado follows equitable distribution. This means the court will divide marital property fairly, but not necessarily equally. Understanding your retirement accounts in this system can help you make better decisions and stay in control of your finances.

Understand how Colorado law treats retirement accounts

In Colorado, the key question is whether the account is marital or separate property. Money you or your spouse added to retirement accounts during the marriage is usually considered marital property. However, courts may value contributions and growth as of the divorce date rather than the separation date.  Accounts you inherited or had before marriage may remain separate with clear records. Growth on these portions can also stay separate if you can trace it. Different types of accounts, like 401(k)s, pensions and individual retirement arrangements (IRAs), have different rules for division. You may use a Qualified Domestic Relations Order (QDRO) to divide certain plans without triggering immediate taxes in many cases. Done properly, it can often help avoid early-withdrawal penalties. You may also want to note that QDROs generally apply to employer 401(k)s and pensions only. Knowing which accounts fall into which category is the first step toward protecting your retirement.

What you can do now to safeguard your retirement during divorce

You can take steps to protect your retirement and make the process smoother. Consider these strategies:
  • Keep detailed statements and records of all contributions to your retirement accounts
  • Identify which accounts are marital and which are separate
  • Understand the tax implications of dividing different accounts
  • Discuss division strategies with your attorney to follow Colorado law
You may also want to avoid taking unilateral withdrawals or loans from your retirement accounts. Courts may address dissipation, but acting alone can reduce your savings. Taking these strategies gives you control. It also makes it easier to protect your savings during negotiations.

Planning today for tomorrow’s peace of mind

You do not have to face this alone. As soon as you learn Colorado rules and take practical steps with legal support, you can protect your retirement and feel more secure. Careful planning now helps ensure you maintain your financial independence after divorce. Focus on what you can control today to look forward to a more stable tomorrow.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Why you may need a child travel consent letter for spring break]]> https://www.adlawcolorado.com/?p=50571 2026-03-02T08:27:31Z 2026-03-02T08:27:31Z If you’re a divorced parent who will be traveling with their child over spring break, it’s crucial to ensure that you have any necessary permission from your co-parent if you share custody. That’s especially important if you’re taking your child out of state or farther than whatever distance has been agreed on that doesn’t require consent. So is ensuring you’ve made the necessary arrangements with your co-parent if you’re using part of their parenting time for the trip. Even if you won’t be traveling a long distance with your child, it’s wise to use what’s often called a child travel consent letter. How official you make this depends on your relationship with your co-parent, whether this is one of your first trips alone with your child, and, of course, whether their consent is a requirement under the terms of your divorce.

What information should the letter include?

A travel consent letter can help the non-traveling parent know where their child is, better stay in touch with them and share in the experience. It also makes it more likely your co-parent will reciprocate when they vacation with the child. At a minimum, the letter should include a basic itinerary for the trip (like how you’ll be traveling and where you’ll be staying). Further, it’s wise to include alternate contact information in case you aren’t reachable by cellphone. Let your co-parent know if you’ll be somewhere with spotty or no WiFi. It’s also important to plan when and how often your child and your co-parent will communicate while you’re away.

Another important purpose for a travel consent letter

Whether you’re traveling by plane, train or automobile, it’s smart to keep a copy of the letter with you. Adults traveling alone with children – particularly men and people with adopted and/or biracial children -- can arouse suspicion in police officers, flight attendants, TSA agents and railroad personnel. They’re trained to keep an eye out for child traffickers. It’s also wise to carry a copy of your child’s birth certificate and other ID, as well as your custody order.  If you’re still working out your parenting plan, you might want to add some language about consent to travel documents. That can help it become routine for both of you when you travel with your child. If you have any questions or concerns – and certainly if you need official documentation of your co-parent’s consent to travel with your child – getting legal guidance early can help things go more smoothly.]]> On Behalf of Ammarell Deasy, LLP <![CDATA[Documenting substance abuse before child custody proceedings]]> https://www.adlawcolorado.com/?p=50566 2026-02-17T03:49:05Z 2026-02-17T03:49:05Z impact parental capabilities and child safety. If a parent facing divorce knows that their spouse struggles with substance abuse, they may want to gather documentation in advance to ensure that custody arrangements are safe for the children. What evidence can convince the courts to consider a parent's substance abuse during custody hearings?

Police and medical records

The best documentation of substance abuse comes from trusted, authoritative professionals. Police reports related to impaired driving or possession offenses could help support claims of a substance abuse disorder. Medical records of an individual seeking treatment while impaired or due to injuries they sustained while under the influence can also serve as verification of an individual's history.

Financial records

Substance abuse is often quite expensive. One parent may regularly spend money at bars or liquor stores. They may also make regular cash withdrawals to purchase illicit substances. Records of how much a person spends on drugs or alcohol can help support claims of substance abuse.

Personal documents

Journals that include details about a spouse's behavior can help validate claims of habitual impairment. Details including the time, date and location of an encounter and information about how a spouse behaved while under the influence and convince the courts that their behavior could endanger the children. Protecting children from an addicted parent can be a challenging process. Parents preparing for custody litigation benefit from having experienced legal guidance develop an effective strategy.]]>