Phone: 303-731-6227
Toll Free: 866-604-2791

Colorado Divorce And Family Law Blog

Child custody orders look very different from those of years past

Child custody orders in Colorado these days may look very different from those established 30 years ago. There are now other options than having a child live with one parent and having visitation with the other parent one weekday and every-other weekend. The primary focus when it comes to child custody these days is what is in the best interests of the child.

For example, parents can choose "nesting". This is when each parent take turns caring for the child in the family home. Parents may choose this child custody arrangement to provide the child with stability and to allow both of them to be involved in the child's life.

What terms are unenforceable in a Colorado premarital agreement?

Sometimes, couples in Colorado and elsewhere do not enter into a premarital agreement before walking down the aisle. They may think that the notion of deciding in advance what will happen if they divorce is not only unromantic, but also that it is a sign that one or both parties are not committed to making the marriage last.

However, premarital agreements can be very useful given the fact that a significant number of marriages nationwide do end in divorce. Thinking of the matter in advance can help make the divorce process run more smoothly. Moreover, premarital agreements can address issues such as inheritances. That being said, per Colorado Statutes Section 14-2-310, there are certain provisions that would make a premarital agreement unenforceable.

Is your prenuptial agreement really airtight?

When a couple chooses to use a prenuptial agreement to protect each other and their own interests, they may assume that simply having a prenuptial agreement is enough. Like a will, it is usually better to have a prenuptial agreement of any kind rather than none at all, but if a prenuptial agreement is not carefully considered and prepared with an eye for detail, it may not stand up to scrutiny when it comes time to use it.

In many cases, this is because the agreement contains terms that are not legal to include, or was not properly executed. If a judge reviews the document and finds unacceptable terms, or if one party or the other attempts to challenge a weak prenuptial agreement, it may drag out the property division process and create a protracted conflict needlessly.

What are some tips for an emotionally healthy divorce?

The words "healthy" and "divorce" may seem to be unlikely partners. After all, many divorces stem from a host of other negative events and emotions. However, it is possible for couples in Colorado to divorce in an emotionally healthy manner.

One way to settle one's divorce issues is through mediation. Unlike litigation, where there is typically a "winner" and a "loser," mediation offers couples a means to work through their divorce legal issues together. The goal of mediation is to reach a settlement that is agreeable to both spouses. Moreover, the communication and cooperation necessary to make mediation successful can set the groundwork for any further interactions the spouses might have with each other after the divorce. This may be especially good if a couple has children.

Helping create fair and comprehensive child custody plans

When parents in Colorado divorce, they may work together to create a parenting plan. Once the plan is created, parents will have to file the plan with the state and have it approved by the court. This makes the plan legally enforceable.

A parenting plan will address a number of issues. Of course, it will include a schedule as to when each parent will have parenting time with the child, including holidays and vacations. However, it will also address how the parents will handle decision-making on major life issues involving the child, such as where the child will be educated and what doctor the child will see. Other important issues, such as how the child will be disciplined and when the child will spend time with other relatives can also be addressed in the parenting plan.

Collaborative law can be good for both parents and children

It is natural for parents in Colorado going through a divorce to experience a bevy of emotions, some positive, some negative. Despite their personal feelings, however, they may want to make sure their children weather the divorce process as best as possible. Pursuing a collaborative divorce isone way parents can help their child during the divorce process and beyond.

When it comes to child custody, a collaborative divorce could set the stage for successful co-parenting. In a collaborative divorce, the parties will work together along with their attorneys with the aim of achieving a settlement that both parties agree with. This cooperation can also demonstrate to the couple's children that even though they are getting a divorce, they will still work together to raise the children.

Is Jailing Your In-Laws The Only Way To Get Your Child Back From Brazil?

Dr. Chris Brann, a Houston physician, cleverly used a Federal Statute (The International Parental Kidnapping Crime Act of 1993, 18 U.S.C. §1204) to gain leverage in an international custody battle by having his ex-wife's parents arrested when they arrived at the Miami International Airport from Brazil.

New tax law creates divorce mediation uncertainties

Tax season is coming up, and those in Colorado who have been paying spousal support over the past year may be looking forward to deducting these payments on their 2017 taxes. However, with the advent of the Tax Cuts and Jobs Act comes uncertainty in what was once a certain world. Formerly, while state laws varied regarding how much spousal support to award and how long payments will last, one thing that all states had in common was that those paying spousal support could deduct these payments on their annual income taxes, and those receiving spousal support will be taxed on those payments.

However, the Tax Cuts and Jobs Act, which was passed in 2017, means big changes in the area of tax law and spousal support. Under the Act, starting in 2019, when a couple divorces, the party awarded spousal support no longer will be taxed on those payments, and the party paying spousal support will no longer be able to deduct these payments.

Avoid these 3 divorce mistakes

There is no way around it, divorce is hard. It takes a toll emotionally, physically and financially. And, if you make the wrong moves, your divorce can cost you more than just the attorney fees and half of your marital assets. Unfortunately, once your divorce is final, you cannot go back and ask for more of the marital property if, down the road, you realize you gave up too much.

By taking the time to consider various options and circumstances and then planning accordingly, you can come out of your divorce more financially secure than you might think. However, in order to have a chance to do this, you need to avoid the following divorce mistakes.

Complex issues can arise when 'copreneurs' divorce

Married "copreneurs" -- that is, those couples in Colorado who share a small business -- often put a great deal of effort into seeing that their business is prosperous. It is a lot of work, but it is also a labor of love. However, should the couple divorce, the question of what happens to the business gets pretty complex.

First, sometimes business owners do not document the rules of how they are going to handle the business in writing. Some business entities have bylaws and agreements in place regarding the ownership of the business, the business's practices and how to transfer ownership of the business. However, should a business not have these types of documents, it is up to the court to determine how to proceed.

Email Us For a Response

Contact us now to set up a case evaluation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Brand Footer

Centennial Office
6898 South University Blvd., Suite 110
Centennial, CO 80122

Toll Free: 866-604-2791
Phone: 303-731-6227
Fax: 303-648-5874
Centennial Law Office Map

Denver Office
44 Cook St.
Denver, CO 80206

Map & Directions

Boulder Office
4450 Arapahoe Ave.
Suite 100
Boulder, CO 80303

Map & Directions

Toll Free: 866-604-2791
Phone: 303-731-6227
Fax: 303-648-5874