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June 2014 Archives

Custody battles over pets on the rise

Perhaps the most famous example of a divorcing couple fighting over pets involves Melanie Griffith and Antonio Banderas, but theirs is not an isolated case. People going through a divorce in Colorado may be interested to learn that battling over pets is not uncommon. A well-known attorney said that he has seen many couples fight about who gets the pets, though most courts treat a family's animals as personal property subject to division rather than custody.

Social media clauses gain popularity

Social media clauses are on the rise, giving Colorado couples a way to keep a spouse from posting embarrassing information on the internet during or after marriage. A social media clause in a prenuptial agreement generally dictates what a person can post on certain websites and might limit things like humiliating photos on Instagram or negative statements on Twitter. Anecdotal evidence suggests that the popularity of the clauses continues to grow. One attorney, who is based in New York, suggested that about 33 percent of her clients sought written agreements regarding social media exposure and behavior. Many couples choose blanket statements about what is or is not acceptable on social media, and the language might include how failure to adhere to the terms is punished.

Getting financial advice is essential during divorce process

Colorado couples considering a divorce may want to get their financial ducks in a row before taking steps to end their marriage. Divorces can stress couples not only emotionally but also financially. Working with a financial planner may help lessen the stress of transitioning from married to single life.

Common divorce issues

For Colorado couples preparing to end their marriage, it may seem overwhelming to consider the financial and emotional ramifications of the process. For those who have never been through one, it is important to understand the common issues of divorce. One of the most basic is property division. In states such as Colorado that follow equitable distribution principles, marital assets will, absent an agreement between the spouses, be divided by the court in what it determines to be a fair and equitable manner. Gifts, inheritances, and property acquired before the marriage are considered separately-owned property. The process of property division can be lengthy, and depending on the quality of the relationship between the spouses, it can be stressful.

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