divorce
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Appeals court overturns orders by Arapahoe County magistrate who did not ‘recall this case’
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Colorado’s second-highest court on Thursday overturned a series of orders from a divorce case where an Arapahoe County magistrate admitted he did not recall what was going on but proceeded to rule anyway. A three-judge Court of Appeals panel noted the procedural rules require judges and magistrates to specifically state their findings of facts and…
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Appeals judge urges Colorado Supreme Court to analyze alimony obligations after spouses’ remarriage
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A member of Colorado’s second-highest court urged the state Supreme Court on Thursday to address a question that has produced inconsistent answers over five decades: When divorcing spouses agree that one must pay the other alimony, do they need to explicitly mention what will happen if the receiving spouse gets remarried? The purpose of alimony,…
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Colorado justices take comments on new family law rules, hear concerns about ‘informal’ proceedings
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The Colorado Supreme Court received generally supportive comments last month from the legal community on a sweeping set of new rules specific to family law cases, but also heard concerns about a proposal to move unrepresented litigants into “informal” trials where different rules apply. During a May 13 public hearing, the justices heard from multiple…
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Appeals court says reduction in parenting time, even a substantial one, is not a ‘restriction’
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Colorado’s second-highest court ruled for the first time on Thursday that even if a judge substantially reduces the amount of time a parent may spend with their child, it is not a “restriction” that requires a heightened justification. A three-judge panel for the Court of Appeals acknowledged that under its interpretation of the law, a…
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Appeals court rules man cannot use ex-wife’s 16-year-old email to avoid $233,000 in child support
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Colorado’s second-highest court ruled last week that a man could not rely on his ex-wife’s onetime statement that “you don’t need to pay me child support” to get out of paying $233,000 over the subsequent 16 years. A three-judge panel for the Court of Appeals evaluated for the first time whether James Gallo could invoke…
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Appeals court confused why Arapahoe County magistrate held man in contempt
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Colorado’s second-highest court last month overturned a set of decisions finding a man in contempt and subjecting him to potential jail time, with appellate judges concluding an Arapahoe County magistrate reached unclear, unsupported or confused conclusions about the man’s alleged failure to follow the separation agreement with his ex-wife. Todd Russell Lloyd’s marriage ended in…
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Appeals court finds judge did not punish man for religious beliefs when giving ex-wife parenting authority
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Colorado’s second-highest court last month rejected a man’s claim that a Larimer County judge unconstitutionally penalized him for expressing religious beliefs critical of homosexuality when she awarded parental decision-making to his ex-wife. District Court Judge Laurie K. Dean gave Brandon Ribble’s ex-wife broad decision-making responsibility for the couple’s children as a result of their divorce.…
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Colorado justices leave question unanswered of who should handle interstate couple’s divorce
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The state Supreme Court acknowledged its decision on Monday, involving a Denver judge’s erroneous finding that she had jurisdiction over a divorce between a Nebraska man and his Colorado wife, did not answer the question of how a court could, in fact, handle the case. “In our review, we found no straightforward answer to this…