No divorce settlement final in CO per 4th District Judge (Denver: insurance, living)

[Colorado Divorce]

You should know that Judge Ronald G. Crowder, (4th District CO, El Paso County) recently allowed a 14 year old closed divorce case to be reopened to allow a woman to get a new life insurance policy (additional property benefits) that she FORGOT to ask for when she originally divorced her military husband!! Yes, despite not having an insurable interest (as per case law) and no legal right to re-open a painfully and fully negotiated closed property settlement--that was incorporated into a Final Order for Dissolution (as per case law), the ex-wife was NOW granted the right to get insurance on her ex-husband of 14 years ago---because Judge Crowder allowed himself to testify in the case by saying: "I don't see what the big deal is... I gave it to MY wife when I divorced her... it shouldn't take that long to do an examination." He actually overruled every argument made to him that was based on facts and the LAW---and based his decision solely on his OWN personal experiences! See September 5, 2007 decision in 93DR0266.

The effect of this decision is that NO DIVORCE CASE IS EVER CLOSED IN COLORADO! The parties can now keep coming back to ask for benefits---even when the benefit was NOT an existing property issue...OR even if the parties had competent counsel! If you forget to ask for anything---SBP, Life Insurance, permanent alimony, future earnings(even if you had a lawyer, even several) you can NOW come back and ask for MORE $$$$$!!

(This kind of thing has been denied in Colorado for decades... and denied in other jurisdictions---because it is against the law and against public policy---but evidently NOT in Judge Crowder's court room! This is not the first time this "new judge" has overstepped his authority... he did something similar in a criminal case 4 months before, as noted in a April 12, 2007 article in the Colorado Springs Gazette by Dennis Huspeni.

If a bad decision like this is allowed to stand, we could see a stampede of men and women trying to reopen their divorce cases!

AND YOU THOUGHT THAT NASTY DIVORCE WAS BEHIND YOU? NO, NOT HARDLY--IT JUST WON'T GO AWAY!

[Vision67]

Sounds like a darn good reason to remain single!

[gpraceman]

Originally Posted by Vision67

Sounds like a darn good reason to remain single!

Or to actually treat marriage as a life long commitment. I know, a shocking thought in today's society.

[Market Mama]

Originally Posted by gpraceman

Or to actually treat marriage as a life long commitment. I know, a shocking thought in today's society.

Good one! Except in cases of abuse (in which case the bully should be strung up by his b*lls), it really is generally much too easy to dissolve a marriage here (and most everywhere in the good ol' US of A). Serial monogamy, anyone?

[gpraceman]

Originally Posted by Market Mama

Except in cases of abuse (in which case the bully should be strung up by his b*lls)

Well, it is not always the guy that can be the abuser. Most of the time yes.

Originally Posted by Market Mama

it really is generally much too easy to dissolve a marriage here (and most everywhere in the good ol' US of A).

There was an article in yesterday's paper about marriage. Fewer couples are making it to their 25th anniversary. 70% of those married in the 1950's and under 50% for those married in the 1970's. Looks like the trend is more people living together because they are afraid of the committment. That, of course, poses lots of other issues.

The Denver Post - Study: Recent marriages more fragile

Well, my wife and I are trying to buck the trend. In the spring we will celebrate our 20th. It hasn't been easy at times, but we both treat marriage as a lasting committment.

[Market Mama]

Originally Posted by gpraceman

There was an article in yesterday's paper about marriage. Fewer couples are making it to their 25th anniversary. 70% of those married in the 1950's and under 50% for those married in the 1970's. Looks like the trend is more people living together because they are affraid of the committment.

The Denver Post - Study: Recent marriages more fragile

Well, my wife and I are trying to buck the trend. In the spring we will celebrate our 20th. It hasn't been easy at times, but we both treat marriage as a lasting committment.

This culture doesn't make it easy to stay married. We are bombarded by images designed to make us dissatisfied, to the point where the "trophy wife" has become a laughable cliche. My DH and I have been together for over 30 years, and no, it isn't easy even after all that practice. But together we cobbled together a lifestyle (horses, travel etc) neither could have managed on our own, and we are heading into retirement with saving neither of us could have accumulated on our own.

Marriage is as much a joint business venture as it is a romance.

[Colorado Divorce]

UPDATE:The Colorado Court of Appeals OVERTURNED the 4th District's Order. (Colorado Court of Appeals Case # 07CA2295)The decision was released November 13, 2008 and it basically upheld the law that you cannot come back and reopen a closed divorce settlement. (The trial court erred in permitting modification of the original divorce decree).The Court stated: "[w]ife has established no basis in this case under C.R.C.P. 60 or otherwise, for relief from a final decree. The order permitting wife to obtain life insurance on husband's life and requiring husband to cooperate in helping wife obtain that insurance is reversed."

[rforgy]

Sounds like a good reason to impeach that judge.

[sruiz]

any knowledge of judge robert h russell?