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Colorado Divorce And Family Law Blog

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.

Issues with valuing commercial property

A previous post here discussed the divorce of a couple who both owned large portfolios of commercial real estate. Commercial real estate can include a number of different types of properties, including rental homes, apartments or office spaces, including high-rise buildings. Those who hold interest in commercial real estate could have properties worth millions or even billions of dollars.

During a high asset divorce or a permanent legal separation, it is important to make sure that commercial property is valued accurately and fairly. After all, an incorrect valuation could mean the difference between a fair settlement and a result that is lopsided in favor of one party.

What happens if the collaborative process fails?

One question that Denver residents may have about collaborative law is what will happen if it is not successful.

After all, even despite everyone's best efforts, sometimes a couple who is going through a divorce or separation will realize that there is just no way that they are going to come to an agreement and that they need a judge to make decisions for them.

Reasons not to sell the home during divorce

You may have heard the conventional wisdom that selling the house is the best move during a divorce. It's an easy, clean way to divide property. Even if you only make a little money on the sale, you can split that money up and you and your ex can move forward with your lives. This reduces your stress and gives you an uncomplicated solution.

However, while all of this may be true in many situations, there absolutely are times when you do not want to simply put your home on the market. Here are a few reasons not to sell:

CFIs, PREs and allocation of parental responsibilities

The abbreviations CFI and PRE are terms commonly used by courts in Colorado proceedings involving the allocation of parental responsibilities. Moms and dads in the greater Denver area who have had to go through a child custody or parenting time dispute may realize that these titles refer to two slightly different types of professionals that Colorado courts rely on.

A CFI, or Child and Family Investigator, can be either a mental health professional or an attorney who is not otherwise involved in the case. The CFI can spend additional time getting to know the child and the family, as well as the child's surrounding circumstances. In the end, the CFI will give an informed opinion to the court on what sort of allocation of parental responsibilities would be in the child's best interest. The CFI's opinion is not binding on the court, but, not surprisingly, judges tend to give the opinion weight.

More ideas for mediating a high conflict divorce

A previous post on this blog reminded our readers in the Denver area that they should not rule out divorce mediation just because they are going through a divorce, or a legal separation or other family law dispute, that is rife with conflict.

The post offered some suggestions about how a couple, and their attorneys, can overcome conflict and still resolve the issues through divorce mediation. While these suggestions are hopefully helpful, there are other techniques that may work to further reduce conflict.

Spousal maintenance is subject to detailed guidelines

Like other states, Colorado allows its judges who are hearing family law matters to award spousal maintenance, which commonly gets referred to as alimony, to one of the spouses who are getting divorced or permanently separated.

However, Colorado law is relatively unique among the states in that it sets out detailed guidelines as to how much spousal maintenance a court can award and for how long.

Helping your kids after a divorce announcement

A divorce is usually an emotional roller coaster for parents, but it can be equally traumatic for kids. The parents they know and love are now splitting up. The world they once knew is changing. As a dedicated parent, you should guide and support your kids through this difficult transition.

A divorce announcement usually leaves an indelible impression on children, so you need to handle it with sensitivity and compassion. You can explain to them that they will have a family, but it will be a different kind of family now. In addition, you and your ex-spouse should pledge “to be there” for the kids during every step of the journey.

The 4 basic ways of handling a divorce

While we have reviewed each one of them from time to time, it might be helpful to have an overview of the four different ways that Colorado residents can resolve a divorce. For that matter, these methods can be used to resolve other family law issues, like child custody, legal separation and the like as well.

As a word of warning, not every way of resolving a divorce fits neatly into one of these four categories. More importantly, each method has its own advantages or disadvantages that depend heavily on the facts and circumstances of a specific case. Because of this, it is best to have an attorney help evaluate each option carefully.

Divorce of real estate moguls serves as useful reminder

The divorce of two giants in the world of commercial real estate recently became public knowledge. The couple's marriage lasted for over 10 years. Both of the parties in this high-profile couple held millions in commercial and investment real estate and had been involved in a number of major real estate transactions.

The couple's divorce is uncontested. This means that they have apparently worked out whatever differences they had regarding property division, child custody and other matters without having to go to court.

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