Family Legal Topics

Child Custody and Visitation

If you are getting divorced and you have children, it adds another dimension to a divorce case. The parents must agree where the children will live, how much time the children will spend with each parent, and who will be responsible for making decisions about the children's lives. If the parents cannot agree on issues affecting their children, the court will make those decisions for them. Even if parents do agree on a parenting plan, the court must find that it is in the best interests of the children.
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Child Support and Spousal Maintenance

If you are getting divorced, you are likely worried about how you will manage financially.  How will the resources used to support one household now support two?  You may need support while you go back to school or re-train to enter the job market.  Your children are legally entitled to child support, but the amount varies according to a number of factors which are then entered into the child support guidelines provided by statute.  Conversely you may worry about having to pay more spousal maintenance or child support than you can really afford.  In order to understand your options under Colorado law, you will need to speak with an experienced attorney. Contact the law office of The W Law for assistance in shaping your financial future.
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Creative Parenting Time and Decision-Making Plans

A one-size-fits-all approach does not always work for such sensitive and personal issues as parenting time and parental decision making.  Fifty-fifty parenting time and joint decision-making may not be appropriate or in the best interests of the children in many circumstances.  The children’s needs, parental work schedules, a history of domestic violence, substance abuse or addiction, serious neglect of the children, mental illness and other factors may require a different parenting time or decision-making arrangement.
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Critical Documents to Copy Before Divorce

The key to planning your post-divorce life starts before you file. Critical to the plan is accurately determining what you need to maintain your lifestyle. Read about these three important areas to consider here.
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Domestic and Family Violence

Family violence can affect you as an attorney through your clients, your employees and colleagues in the workplace, and your private life with friends and family. Being educated not only on the effects of family violence, but also how to prevent or intervene in situations of family violence or abuse, is essential.  Contact the law office of The W Law to protect you and your family members and restore your safety and sanity.
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Marital Property Agreements in Colorado

Contracts between prospective spouses are referred to as prenuptial agreements. If the contract is entered into after marriage, it is commonly referred to as a postnuptial agreement. In Colorado, these agreements must satisfy strict statutory requirements set forth in the Colorado Marital Agreement Act. The statute sets forth specific types of terms to which the parties may contract. Importantly, a parent cannot reduce or eliminate his or her child support obligation. For assistance in drafting a custom-tailored prenuptial or post-marital agreements that suit your needs contact The W Law.
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Motions to Modify Parenting Time and/or Decision-Making

After a divorce decree or a decree allocating parenting time and decision-making responsibility is entered, it may later be modified if specific statutory criteria are met.  Different standards govern modification of parenting time versus decision-making responsibility.  The court will only review facts that have arisen since the prior decree, or that were unknown at the time of the prior decree – in other words, you do not get to re-litigate your case.
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Parental Relocation

Sometimes a parent needs to relocate and wishes to take the child or children.  The court will look at all relevant factors in deciding whether to allow the parent to remove the child or children from the region or state, including the reason for the move, the effect of the move on the child and on the child's relationship with the other parent and any siblings not affected by the move. Patricia A. Riley can guide you through the complicated process of requesting permission to relocate or opposing your ex-spouse's request to move away with the children.
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Property Division – Community and Separate Property

What is Community Property?
What is Separate Property?
How is Property Divided in Colorado?
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Separation Agreements

A Separation Agreement is a contract that sets forth the rights and duties of married parties who are contemplating a divorce.  The requirements and effects of these agreements are governed by statute.  It is important to note that terms providing for custody, support and parenting time of children are not binding upon the court.  Regarding agreements to divide property, the court will first review the agreement to ensure that there has been no fraud, overreaching, asset concealment, or dealings that are inconsistent with the duties that parties owe one another as spouses.  The court may order the parties to revise the agreement, or it may make its own orders.  To ensure that the agreement is drafted correctly the first time, contact The W Law.
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