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Colorado Divorce And Family Law Blog

Modification of child custody in Colorado

As is the case with other states, Colorado allows for some flexibility when it comes to changing parenting plans.

Judges in the greater Denver area have leeway to modify child custody and parenting time arrangements when circumstances have changed such that the current arrangement is no longer in the best interests of the children involved.

What will the role of my attorney be in a collaborative divorce?

As this blog has discussed before, collaborative divorce is an alternative to a traditional divorce, or legal separation. In a conventional divorce, ultimately, a couple is willing to allow a judge to decide how they should divide their property and spend time with their children.

In a collaborative divorce, the couple makes an agreement from the outset that they are not planning to go to court except, of course, to formally finalize their uncontested divorce or separation. In other words, they commit to resolving all of their issues between themselves or, at most, with the help of a mediator or other professionals.

Review of legal separation in Colorado

Like many other states, Colorado has a process through which a married couple, or parties to a civil union, can engage in what the law calls a legal separation.

More than simply a couple making a decision to live apart, a legal separation, much like a divorce, will involve a judge entering a court order dividing up the couple's property, awarding spousal support and, if the couple has children, entering orders regarding child support and parental responsibilities.

Some statistics about gray divorce

The term gray divorce refers to a couple that is older, often married for a number of years or even decades, going through the process of a divorce or legal separation.

The number of gray divorces has spiked in recent years. In 1990, only five of 1,000 married couples over 50, that is one-half of one percent, got divorced.

Is a collaborative law divorce right for me?

There are many different possible routes to divorce, and the route that is best for you will depend on your specific situation. If you can work amicably with your divorcing spouse to make decisions for the future, this will be advantageous, because it means that you can work together as a team. It will also probably mean that you won't need to go through costly litigation.

A collaborative law divorce can be a great option if you have an amicable relationship with your divorcing spouse. There are many advantages to this process, including the fact that it tends to be quicker and cheaper than traditional litigation. If you are interested in pursuing a collaborative divorce, you should take the time to understand what it entails.

How do Colorado courts enforce parenting plans?

Unfortunately, many parents in Centennial and the other communities around Denver may find themselves in a situation where the other parent of their children is simply not willing to follow a parenting plan, even when both parents may have originally agreed to one.

When this happens, Colorado courts have a number of options available to them. One option is for the court to require the parents to attend mediation in order to try to resolve their dispute before going any further in the process.

Issues related to dividing retirement plans

Many residents of the greater Denver area have a lot of wealth tied up in their retirement plans. While even happily married couples should understand how their 401(k) plans or pensions work, those going through a divorce or legal separation in Colorado in particular need to pay attention to such issues.

Like other property and accounts, retirement plans can be considered marital property subject to division. There may, however, be some exceptions to this rule. For instance, if a person accumulated wealth in her retirement plan for several years prior to marriage, then she may be able to argue that the wealth she earned before marriage should be hers outright in the event of a divorce or separation. Likewise, money accumulated after the divorce or separation process commencing can also be set aside.

Court considerations for your child's best interests

Getting divorced was never going to be as simple as you wanted it to be, but doing it with a 5-year-old child guaranteed it would get complex in a hurry. Now you and your spouse are heading to court to consider your parenting time arrangement and your parental rights.

Best interests

What it takes to have a successful mediation

Perhaps the biggest hang up residents of the Denver area may have about divorce mediation, or any other family law mediation, is that they feel that their position on the issues is so different from that of the other side. Thus, they get the impression that any attempt to agree would be a waste of time.

However, there are several ways in which a person can prepare for and approach mediation in order to make it likely that the mediation will resolve the case. Of course, this does not mean that every divorce mediation can, or should, end in a compromise.

Why should I consider a prenuptial agreement?

Many residents of the greater Denver area may think of a prenuptial agreement, which can also be called a premarital agreement, as very unromantic. Others may see these types of contracts as a way for someone who is wealthy and prominent to take advantage of a significant other with less leverage, perhaps in order to make sure that in the event of a divorce, the wealthy person comes out on top.

However, the reality is that any number of Coloradans may benefit from a prenuptial agreement, no matter their financial circumstances. For one, premarital agreements are not exclusively used to protect people from the financial fallout of a divorce or legal separation. Many times, those with children from a prior relationship will want a prenuptial agreement for the simple reason that they can use the agreement to protect those children's inheritances.

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