Ammarell Deasy, LLPAmmarell Deasy, LLP2026-07-14T20:03:54Zhttps://www.adlawcolorado.com/feed/atom/WordPress/wp-content/uploads/sites/1401909/2020/05/cropped-favicon-3-32x32.pngby Ammarell Deasy, LLP<![CDATA[How domestic violence impacts custody decisions in Colorado]]>https://www.adlawcolorado.com/?p=505992026-07-14T20:03:54Z2026-07-14T20:03:54ZWhy does domestic violence matter in custody decisions?
Colorado courts allocate child custody based on the best interests of the child. When domestic violence is involved, concerns about the safety of the child and the abused parent can significantly affect the court’s decisions. The court may consider:
The child's safety: The court looks at whether the child can live in a safe, stable and healthy environment.
The risk of future harm: If the court finds an ongoing safety concern, it may consider conditions or restrictions intended to reduce that risk.
Parenting time and decision-making: A history of abuse may affect parenting time and the parent's ability to make important decisions about the child's education, healthcare and daily life.
The circumstances of the case: Every family is different. The court reviews the facts and evidence before deciding what arrangement best protects the child.
Because these cases often involve difficult legal issues, an experienced family law attorney can help present the evidence and work toward an outcome that protects the child's future.
What evidence can influence decisions about parental responsibilities?
Colorado courts may consider domestic violence in a custody case even if no criminal conviction exists. The court reviews reliable evidence to decide whether abuse may affect a child's safety and well-being. Evidence may include:
Police reports: Records of reported domestic violence incidents
Protection orders: Court orders that show safety concerns
Witness statements: Accounts from people who saw or heard abusive behavior
Medical records: Documents that show injuries related to abuse
Photos, videos or messages: Evidence that may show threats, violence or intimidation
Other records: Emails, call logs, school records or other documents that help show a pattern of abuse
The court also looks at how serious the abuse was, how often it happened and whether the child was harmed or exposed to violence. It considers these findings along with other custody factors to decide what serves the child's best interests.
Protecting what matters most
A custody order may settle a legal dispute, but protecting a child's well-being is an ongoing responsibility. As families move forward, new safety concerns or major changes at home may call for legal action. An experienced family law attorney can help address new challenges and work toward solutions that continue to put the child's best interests first.
]]>On Behalf of Ammarell Deasy, LLP<![CDATA[The family home: Keep it, sell it or share it?]]>https://www.adlawcolorado.com/?p=505972026-07-02T14:44:13Z2026-07-02T14:44:13ZThe family home is more than just a marital asset
Colorado follows the equitable distribution rule when dividing marital property. The court does not make an equal distribution, but rather makes a fair division of assets. While deciding how to divide the house, the court may consider:
Financial condition of both spouses
Overall division of marital property
Each spouse’s contribution to the marital property
Future need of the family
This means the decision about the family home depends on the needs of each spouse.
Deciding what to do with the family home
No single solution works for every family. There are many options for the spouses on what they can do with the family home. In some cases, one spouse may decide to keep the home and refinance the mortgage. Other couples may decide to sell the house and divide the proceeds. Some families may choose to keep the home jointly for a period of time before selling it, giving them more flexibility to plan for the future.
The right option depends on the financial condition, future plans and the ability to maintain the property in the long run.
Can children affect the discussion?
If the divorcing couple has children, their needs might influence what happens to the family home. In some situations, parents might decide that one spouse should remain in the home for a period of time to provide stability when considering whether keeping the home is financially realistic.
Making a decision for the future
For many, a family home may have an emotional meaning, but it also has many expenses, such as mortgage and maintenance costs. Looking at the bigger picture can help the family make an informed decision that supports their future after divorce. Understanding the available options can help the family move on in their life with more clarity.
]]>On Behalf of Ammarell Deasy, LLP<![CDATA[How is spousal maintenance calculated in Colorado?]]>https://www.adlawcolorado.com/?p=505912026-06-22T13:05:02Z2026-06-24T13:03:26ZThe prerequisites for spousal maintenance
Not every divorcing couple qualifies for alimony. Before the formula is even pulled out, your marital circumstances must meet specific statutory boundaries. Your combined annual adjusted gross income (AGI) must be $240,000 or less.
Additionally, your marriage must be at least 36 months to be eligible. If your case falls outside these lines, the judge uses pure discretion based on statutory lifestyle and need factors.
The amount formula
In Colorado, the court computes 40% of the higher earner’s income and subtracts half of the lower earner’s income from it to get a starting amount for support. Based on updated federal tax laws, Colorado uses a 75% or 80% multiplier on the base amount since alimony is paid with after-tax money. The final amount also cannot make the recipient’s income more than 40% of the couple’s combined income.
The duration of alimony
In Colorado, the length of maintenance is usually based on the length of the marriage. For shorter marriages, it generally falls somewhere between 31% and 50% of the time you were married.
The formula typically reaches its limit at marriages of about 12.5 years. If your marriage lasted more than 20 years, courts often disregard the formula and may award long-term or even indefinite support instead.
Protecting your financial future
While the formula provides a guideline for determining spousal maintenance, judges can make changes based on health issues, asset distribution or earning capacity. A lawyer can evaluate your case to help better position you for a favorable outcome.]]>On Behalf of Ammarell Deasy, LLP<![CDATA[Is legal separation different from divorce in Colorado?]]>https://www.adlawcolorado.com/?p=505952026-06-24T07:13:55Z2026-06-24T07:13:55ZHow does the law define separation and divorce?
Legal separation and divorce in Colorado follow nearly the same court process. Both require at least one spouse to have lived in the state with the intent to make it a permanent home for a minimum of 91 days before filing. If the case involves child custody, the children must have lived in the state for at least 182 days.
The main difference lies in the result. A divorce ends the marriage, while a legal separation does not. A separation resolves the same financial and parental concerns, but the marriage stays intact, meaning neither spouse may remarry.
What happens to property, parenting and support?
Colorado courts apply identical framework to divide marital property in both cases. The court distributes assets and debts in a manner it considers fair, based on factors such as each spouse's income and contributions to the marriage. A fair distribution does not always result in an equal one.
Parental responsibilities, the term state law uses in place of custody, are also addressed similarly in both proceedings. The court will establish a parenting plan that covers decision-making authority, a time-sharing schedule and child support obligations based on each parent's income and the needs of the children.
Where the two options differ is in benefits tied to marital status. Spouses who are legally separated may keep their inheritance rights, and some health plans or government and military benefit programs may allow ongoing coverage under a separation decree. A divorce typically ends access to those spousal benefits.
Why do some choose legal separation?
Religious or moral beliefs are among the most common reasons. Some faith traditions oppose divorce, and a legal separation lets spouses live apart and settle their legal affairs without ending the marriage.
Financial considerations can also be a factor. Maintaining access to certain benefit programs or specific health plans is one reason some couples pursue separation.
Additionally, some couples see separation as a chance to step back and reflect. Because the marriage remains intact, the door stays open for a future return to the relationship without having to remarry.
How do you convert a separation into a divorce?
State law allows either spouse to convert a legal separation into a divorce after six months have passed from the date of the separation decree. This requires filing a motion with the court, and in most cases, the terms from the separation carry over into the divorce decree.
This step does not require the consent of both spouses. Either party may initiate the conversion, and the court will generally issue a dissolution without requiring the couple to relitigate property, support or parenting issues that were already resolved.]]>On Behalf of Ammarell Deasy, LLP<![CDATA[Protecting your special needs child’s routine in Denver]]>https://www.adlawcolorado.com/?p=505892026-06-16T06:02:21Z2026-06-16T06:02:21ZProtect the vital parts of your child's routine
Parents may benefit from identifying the specific services, schedules and supports their child relies on each day, including:
Therapy and medical appointments
School and transportation schedules
Medication schedules
Sensory or behavioral supports
Communication between caregivers
Knowing which routines matter most, along with important support services, can help parents focus on the areas that need the most attention.
Build your child's needs into a parenting plan
Colorado courts focus on the best interests of the child when making decisions about the allocation of parental responsibilities. For children with special needs, parents may need to discuss more than where the child will live.
A parenting plan can address therapy schedules, medical care, school support and daily routines. Clear expectations can help both households work together and reduce confusion for the child.
Update arrangements as your child's needs change
A child's needs may change over time. New therapies, educational programs or medical treatments can create new demands for parents and caregivers. Reviewing existing arrangements periodically may help ensure they continue to reflect the child's current needs.
Creating a plan that fits your child
No two families face exactly the same challenges during a divorce. Taking time to address medical care, education, therapy and other day-to-day needs can help parents create arrangements that reflect their child's unique circumstances both now and in the future.]]>On Behalf of Ammarell Deasy, LLP<![CDATA[4 ways to reduce disputes with a high-conflict co-parent]]>https://www.adlawcolorado.com/?p=505872026-05-26T09:41:03Z2026-05-26T09:41:03ZFollow 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=505852026-05-20T19:12:47Z2026-05-20T19:12:47ZIf 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=505832026-04-30T15:05:16Z2026-04-30T15:05:16ZFor 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=505812026-04-30T14:43:41Z2026-04-30T14:43:41ZWhat 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=505792026-04-23T15:12:16Z2026-04-23T15:12:16ZDoes 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.]]>