New App Protects Domestic Violence Victims

Aspire News is an Android and iPhone application created by the Robin McGraw foundation that allows people in abusive relationships to seek help by alerting police, recording during an altercation and providing domestic violence resources for victims.  The application is discreetly disguised as a news iPhone app such as Huffington Post or CNN.  When the user taps on the "Help" button of the application, it redirects the user to domestic violence resources.  If the user is experiencing an altercation with their partner, they can record conversations with the tap of a button as well as alert the police.  The app is not only for people who are in abusive relationships but also for loved ones of victims of domestic violence.  The app also allows the abused individual to contact loved ones using the app in emergencies.  

If you or someone you know is in an abusive relationship, Aspire News can provide helpful resources and aid in the event of a compromising situation.  Click on this link for more information.https://www.whengeorgiasmiled.org/the-aspire-news-app/

Written by Kady Tran

How Are Civil Unions Different From Marriages In Colorado?

On May 1, 2013 civil unions became legal in Colorado.  A civil union establishes a legal relationship between two people in Colorado, much like a marriage.  Many wonder what this means, and what the differences are, if any, from a marriage?  Civil unions are, for all intents and purposes, the same as a marriage under Colorado law.  Note I specifically wrote “under Colorado law” because, until the Federal government recognizes the rights of the LGBT community to marry within its community, they will not have the same rights as married couples under Federal law.  While this is no doubt confusing, I have outlined the similarities and differences between civil unions and marriages below:

                                                                                                                                                                                                                                                        

Similarities

• Marriage and Divorce Laws:

o   Divorce  (If you enter into a civil union, then you must divorce as if you entered into a marriage.)

o   Child custody (children conceived during the civil union are presumed to be the natural child of both civil union partners)

o   Child support 

o   Maintenance/alimony 

o   Property and debt division 

o   Prenuptial agreements

o   Adoptions (A civil union partner may adopt the child of the other partner the same way a stepparent in a marriage would).

o   Common law marriage

• Health Insurance.  Your civil union partner can now be covered under your health insurance policy if your policy is in Colorado.
• Spousal privilege.  Under Colorado law, a spouse cannot be forced to testify against you without your permission.  This protection applies to civil union partners as well.
• Civil unions, same-sex marriages, domestic partnerships and other same-sex legal unions conducted in other states that recognize the same rights are recognized in Colorado as civil unions.
• Domestic Abuse laws

Differences

• In a marriage, the married partners are called “spouses.”  In a civil union, the married partners are called “civil union partners.” 
• Income taxes:  Those in a civil union cannot file jointly, or even “married filing separately.”  To alleviate any confusion, Colorado will not allow civil union partners to file income taxes jointly.
• Property division in divorce.  When married couples divorce, the division of assets as part of the divorce (such as dividing a 401(k), transfers of funds from bank accounts, and transfer of home ownership) is exempt from Federal tax.  However, because Federal law does not yet recognize civil unions and marriages that are not between a man and a woman, division of property in a civil union divorce may be considered a taxable event.   In plain English, this means if you get any property in your divorce, the Feds may tax it as income to you.
• Social Security divorced spouse benefits.  If a divorced married couple was married at least 10 years, the lesser-income-earning spouse's social security benefit will be increased to a rate equal to half of the higher-income spouse's benefit amount.  Since Federal law does not yet recognize civil unions, civil union partners will not qualify for this.

In short, under Colorado law, those in a civil union are treated exactly as those in a marriage.  However, under Federal law, your civil union is not yet recognized as a valid union and therefore, is not subject to the same protections.  For more answers on your benefits under Colorado law, contact The Taibo Law Firm to speak with an attorney.

Everyone Should Have a Prenup.

Most people who are not celebrities think of prenuptial agreements as a sign they have no faith in their impending marriage.  The flaw in this belief is that it ignores the reality that 60% of marriages do end in divorce.  I know-  You're in love, you've dated for 6 years, you know each other well enough, neither of you is the vindictive, greedy, selfish type....  I can tell you that every nasty divorce I've litigated started the same way.  You just never know.

If you were about to go skydiving and you knew there was a 60% chance your parachute wouldn't open, would you go?  Would you at least make sure you had a backup parachute?  You're in love and you are going to get married, despite the odds not being in your favor.  The prenup is your backup parachute.

"But we don't have anything anyway," I've heard people say.  But one day, you will.  The law in Colorado states assets and debts are to be divided "equitably" in a divorce.  Note: this does NOT say equally.  What this means to divorcing couples is there is room to argue over "what is a fair way to divide assets?"   And most of the time, the two spouses disagree on what's fair.  What if your soon-to-be-spouse develops a shopping addiction and racks up a $50,000 credit card bill?  That debt will probably be apportioned to you up to 50% - that is, unless you had a well-written prenup. 

What if you marry someone who ends up refusing to work?  You're married for 10, 20 years, you bring in all the income, you've worked your way up the employment ladder to get to where you are, and your spouse refuses to contribute.  Since Colorado is a "no fault" state, you may end up paying maintenance (alimony) for a number of years, because the Court will not take into consideration the spouse's refusal to work.  It's just about the numbers.  A prenup doesn't just protect what you already have - it can protect what you will have, and protect you from unexpected circumstances. 

If you're afraid to approach your fiancee with this idea, consider this:  A well-written prenup is not one-sided, contrary to popular belief.  A prenup should be reviewed by two attorneys - one for each of you, and should protect both parties equally.  It's a contract, and you can put whatever you want in it to make sure both parties believe it's fair.  You can honestly tell your fiancee that the prenup is for both of you.

Don't rule prenups out until you've gotten all the information.  Call Alisha Taibo to talk about how a prenup can work in your particular situation. 

Kris Humphries will cut off his nose to spite own face

http://www.tmz.com/2013/02/17/kris-humphries-kim-kardashian-divorce-trial-nba-playoffs/

So Kris Humphries would risk his career and millions of dollars just to try and stick it to Kim Kardashian in Court. Which is your celebrity reminder to never fight on principal! In divorce, everyone loses, but if you pick fights just to hurt the other spouse, you may be only hurting yourself worse. Be willing to let go and your divorce will go more smoothly. Remember - the best revenge is living well!