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Colorado Divorce And Family Law Blog

We assist clients with their child custody and visitation needs

Raising a child is not always easy, but it is an act of the unconditional love a parent in Colorado has for their child. Parents want their children to grow up in a happy and healthy environment. Therefore, should the parents of a child divorce, they may have many questions about their rights to have access to their child so they can maintain a bond with them.

In Colorado, when parents divorce or if they were not married and subsequently break up, a child custody schedule will need to be created. Sometimes, parents are able to work out child custody and visitation schedules on their own, but, other times, they need to turn to the court to make these important decisions.

Divorce mediation has some advantages over litigation

When a married couple's relationship becomes rocky, there may be a lot of ill-will between the spouses. Eventually, they may decide that they are best off getting a divorce. At first, one spouse or the other may be keen to litigate. However, spouses in Colorado should keep in mind that not every divorce has to include an emotionally and financially draining court-room showdown. For some, divorce mediation may be the preferred choice.

Mediation is an out-of-court process in which a mediator will help the spouses communicate and negotiate so they can reach a mutually agreed upon divorce settlement. Mediators do not take one spouse's side or the other's -- they remain neutral and serve more as a facilitator. Through mediation, a couple may find a creative solution to their divorce legal issues that they would not be able to achieve through litigation. Ultimately, mediation gives a couple control over the outcome of their divorce. By taking the matter to court, that control is put in the hands of a judge instead.

Get ready for a new adventure after a divorce

Walking away from a marriage is difficult, but it is also an opportunity for a fresh start. During the first year after a divorce, you will come across a few things that you might not expect. Some will be challenging and others will be exhilarating.

Here are a few things you might not have realized you would have to deal with as you get started with a solo life after your marriage ends:

How can a spouse collect Social Security benefits after divorce?

Residents of Colorado may have 401k plans and pensions, but, what many people may be relying on to supplement their retirement income is Social Security benefits. They should be aware, though, that if they divorce, there are rules regarding whether and how a person may be able to collect Social Security benefits based on the work history of their ex.

Generally, if the spouses' marriage lasted under one decade and the couple divorced, then a person may not be able to collect Social Security benefits based on the work history of their ex. However, if the spouses' marriage lasted a decade or more and the couple divorced, then a person may be able to collect Social Security benefits based on the work history of their ex.

Young couples in Colorado with few assets may still want a prenup

Young couples in Colorado planning their weddings may be wrapped up in choosing a venue, a caterer, flowers, the perfect dress and all the other wedding details. What they may not be so wrapped up in, however, is executing a prenuptial agreement. Many may even feel that they don't need one because they do not have much in the way of assets, and, out of naivety, believe divorce could never happen to them. However, no one can predict the future, so it is best to be prepared with a prenup.

First of all, even if a couple never divorces, executing a prenup means they will have had to have some honest, serious conversations regarding their assets, debts and finances both now and those that are projected to exist in the future. These conversations can make a couple's marriage stronger, and, should they divorce, the divorce process may run smoother if property division issues have already been decided upon in the prenup.

Don't wait to get holiday child custody schedule in order

While some people in Centennial may feel irked to see Christmas decorations for sale in stores before Halloween is even over, for better or worse, the winter holidays will be here before we know it. The holidays always bring with them a certain amount of stress, and this can be especially true if a couple with children has divorced. In fact, divorced parents may be well served to establish a holiday child custody schedule (or review an existing one) sooner, rather than later, to avoid unexpected surprises and conflict.

When it comes to negotiating a holiday child custody schedule, difficulties can arise due to the fact that, for the most part, both parents want to spend every holiday with their child. While this is understandable, the fact of the matter is that in most situations, they will have to share the holidays (and their child's time) with their ex.

Can collaborative law lead to a more satisfactory divorce?

The decision to get a divorce is a big one and one that is not usually made lightly. Some couples in Colorado find that, even though they have made every effort to make their marriage work, the union simply isn't tenable. When couples are both able to agree that they need to divorce, they may want to keep the split as drama free as possible. For couples in this situation, collaborative law may be the key to an amicable divorce.

Through collaborative law, each spouse and their respective attorneys work as a team to reach a settlement. If successful, those who pursue a collaborative divorce may never even need to appear in court at all.

Your divorce does not have end up in a courtroom

Not every divorce has to end up as a long, drawn out, and ugly court battle. That is why there are several options available to complete the process. For example, if you and your soon-to-be ex-husband are on the same page when it comes to who gets your Denver home and how best to continue raising the kids, perhaps you should consider a collaborative law divorce or even mediation.

Non-litigation processes for divorce are on the rise in popularity, especially for couples that are ending things in a healthier and less contentious manner. To find out more about some of the benefits of mediation for divorce, read below.

What factors will a court consider when awarding spousal support?

When a Colorado couple decides to end their marriage, one issue they may inevitably face is that of spousal support. The state of Colorado recognizes that while sometimes spousal support is just and necessary, it is important that there is consistency between spousal support awards in the state. To that end, the state enacted statutory guidelines to be used when determining how long a spouse should pay spousal support for, and in what amount.

When a party is requesting spousal support in a divorce, before either granting or denying their request, the court will consider each party's gross income, what portion of the couple's marital property was awarded to each party, each party's financial resources, including any actual or potential income that could be made from a party's property and the party's financial needs as they were when the couple was married. After taking all of these considerations into effect, the court will determine an award of spousal support that is both equitable and fair to all involved, utilizing statutory guidelines regarding how long the couple was married and what their combined gross income is.

Don't lose your business to a high asset divorce

It can be highly satisfying to see your business grow from just a seed of an idea to a flourishing and profitable enterprise. In fact, if you own a business in Colorado, it may be one of your most valuable assets. Therefore, if you are planning on marrying, before you and your partner walk down the aisle, you may want to consider taking steps to protect your business.

For example, you and your partner may want to execute a prenuptial agreement. Through a prenup, a person can designate their business as separate property. If done properly, should the couple divorce, the business owner's ex will not be entitled to a share in the business.

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