::: Lone Tree Family Law :::

Divorce
Often times people believe that there has to be some sort of
fault in order to get a divorce. This simply is not true. Colorado
is what is considered a no fault state. This means that the court
will need to make a finding that the marriage is irretrievably
broken.

As a result of this, the key factors in a dissolution action are
* Child custody
* Distribution of property
* Allocation of debt
* Maintenance

Allocation of Parental Rights
Simply because you are not married does not mean that you do
not have rights with respect to your children. When determining
allocation of parental rights in Colorado, courts use the "best
interest of the child standard". There are numerous factors a
court may consider including:

* Who is the primary caretaker of the child
* The amount of time a parent can spend with the child
* Parental conduct
* Resources of each parent
* Living environment

No one factor is determinative. Instead the court will consider
all relevant facts before making a determination.

Child Support
The amount of child support to be paid is governed by statue
and based on the Colorado Child Support Guidelines. These
guidelines are based on the gross incomes of each parent and
take into consideration the amount of overnight parenting time
each parent has, day care expenses, health insurance costs,
maintenance paid, and children of other relationships among
others. Child support can be paid directly or through the
Colorado Child Support Registry. Failure to pay child support
can result in a contempt action by the court including fines and
possible jail time.

Non-Contested
In many cases people are able to resolve many of their issues
without the assistance of an attorney. However, it is
recommended that when it is time to draft the final documents
(such as the separation agreement and parenting plan) that an
attorney be consulted. Often, while parties believe that they
have agreement on everything there are many things which
have been overlooked.

While we are unable to represent both parties in a divorce, we
can represent one of the parties while the other party can
proceed without counsel, or perhaps, engage an attorney only
for the purpose of reviewing a settlement agreement prior to
execution. This can save the parties a good deal of money in a
low-conflict divorce case and avoid problems down the road.

Post-Decree
The entry of a Decree of Dissolution is not always the end of the
legal issues arising out of your marriage. While you and your
spouse may have reached a full agreement on all the issues, but
what if your former spouse breaks the agreement? Other
situations can also arise such as:
* Modification of child support
* Modification of parenting time
* Relocation issues
* Enforcement
If you think that you have a valid post-decree issue, we
encourage you to contact us to discuss the matter with legal
counsel.

Estate Planning
Whether you marry or divorce, the change in your marital status
will have significant impact on how your estate will be settled in
the event of your death. If you are getting married, we
recommend that you talk with an attorney experienced in the
drafting of wills and trusts. Estate planning can be very
complicated and it is not something we recommend be ignored
or done by lay people or software designers. "Do-It-Yourself"
will packages are intended to be "one-size-fits-all". Your
situation is unique. You owe it to your family and friends to
make sure this is done right. By the same token, if you are
getting divorced, your marital status is changing again and it is
important that you talk about your situation with an
experienced attorney knowledgeable about wills, trusts and
estate planning options.