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Family Law Archives

What if my spouse is trying to take all of my property in the divorce?

Divorce can get heated and often one spouse will attempt to over reach. The problem is how do we know when someone is over reaching when it comes to property? Colorado has developed a distinction between marital property and property that belongs to a single spouse. 

Basics of Prenuptial and Postnuptial Agreements

Marital agreements which include prenuptial (before the marriage) agreements and antenuptial or postnuptial (after the marriage) agreements are a common sight in pop culture, but with their common sight comes many misconceptions.  Marital agreements require an understanding of the law and careful eye to become enforceable in court. Although the agreement itself is a contract, you are not able to make any arrangements that are outside of the law. This can often times challenge the writer to ensure each provision will be upheld.

Family Law: Do I Need a Child and Family Investigator?

Child and Family Investigators are tools used by the Court and parties to help determine parental right and responsibilities in family law cases. Commonly referred to as a CFI, they are usually used in extreme cases where there are allegations of abuse and mistreatment by one or more parents. The court can appoint a CFI on its own if there are allegations of abuse by one party or either party may ask for a CFI if they believe one is necessary. CFI's are commonly attorneys, mental health professionals, or any other individual who is trained and the Court believes is able to be an effective CFI.

Can I get a Postnuptial Agreement?

Divorce is rarely pondered before marriage, and when it is, a prenup is commonly used to protect personal assets. Prenups are entered into before the marriage and used to protect bank accounts and other assets in case of divorce, especially when one spouse has significantly more assets than the other. They are now very common, but some couples just cannot fathom entering in such an agreement when they are about to be married. These same people commonly regret not having a prenup down the road when divorce is being contemplated. However, if you are regretting not completing and signing a prenup, you can still enter in a postnuptial agreement. Colorado accepts the validity of postnuptial agreements under Colorado Marital Agreement Act, and supported by In re Estate of Lewin, 595 P.2d 1055, 1057 (Colo.1979), which states "Nuptial agreements, whether executed before or after the marriage, are enforceable in Colorado and a nuptial agreement will be upheld unless the person attacking it proves fraud, concealment, or failure to disclose material information."

Preparing for Mediation with your Attorney

The family law Alternate Dispute Resolution movement has taken a firm hold in Colorado courts. It is required in almost all jurisdictions and even if there is an agreement between the parties to resolve the disputes in their divorce, some counties still make the parties go to mediation. Mediation is usually dreaded by clients and not taken seriously. Most parties do not want to be forced in a room with their spouse to try to resolve their personal disputes and they don't see the value in mediation. However, mediation is an important step in the resolution of the case and it can be a time and cost saving alternative to court. Here are some ways you can work with your attorney to feel prepared to go to mediation and get the results you want.

Family Law: Helpful Tips in a Divorce

Divorces are usually never fun. They are stressful, time-consuming and fueled by emotion. The latter usually drags the divorce process out for what seems like an eternity. While you are probably mad at your spouse, you will be amazed what a little cooperation will do to the process. It will be quicker, less time-consuming, and most importantly, less costly. Here are some helpful tips to make your divorce a little less stressful and much less time consuming

Child Support: When to Impute Income

Divorces with minor children can be messy. Parents seem to fight over everything, especially child visitation rights and child support. Unfortunately, they usually lose sight of the bigger picture-- the well-being of their children. Parents need to realize child support is for support of their children, not to bump up their disposable income. In dissolutions of marriage involving children, spouses have a tendency to get creative in trying to avoid or reduce their child support payments by lowering their own incomes. However, a court has a mechanism to rebuff any attempts of the parent's trying to reduce their child support payments by artificially lowering their income. A court can and will impute income when they feel a party's unemployment or underemployment is voluntary and used to shirk their child support responsibilities.

Maintenance Requests in Colorado

Maintenance is Colorado is a hotly debated issue. It seems like the statute is always changing, making it more difficult for spouses to get maintenance (more commonly referred to as alimony). It's true that the current maintenance statute makes Colorado one of the hardest states to get a maintenance order. But before some spouses even begin their argument for why they deserve maintenance they forget to do one simple thing. Most spouses do not even get a chance to make a request for maintenance during a dissolution because they forget request maintenance in the petition for dissolution! While it may seem very simple it is seen more often than not in Domestic Relation courts.

The Benefit of Taking Mediation Seriously in Family Law Cases

Mediation is now required in family law cases to help parties resolve their disputes without the governing hand of the Court. Mediation involves a neutral third party that hears both sides of the case and can advise parties outside of the courtroom. Attorneys are not necessarily required, but they are still recommended. The idea behind mediation is to let the parties have more control over the decisions that will affect the outcome of their cases and to save the parties time and money. The parties know their situations much better than a Judge and results are usually more tailored to each party's needs and wants. However, in many cases mediation is not taken seriously and viewed as a required evil with no real positive impact. Mediation should be taken seriously though, as it is always better for the parties to come to a mutual decision than having the hand of the Court decide. Here are some benefits of taking mediation seriously:

Dissolution of Marriage Timing Issues

Usually the parties in a dissolution of marriage just want to get divorced and move on with their lives as quickly as possible. However, there are some important timing requirements and waiting periods parties to a dissolution of marriage should be aware of to ensure they can get their divorce as quickly as possible.

Kishinevsky & Raykin, Attorneys at Law
2851 South Parker Road, Suite 150
Aurora, CO 80014-2722

Phone: 720-863-4256
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