The post Who Decides Where My Child Will Go to School After a Divorce in Colorado? appeared first on Danielsen Westhoff.
]]>Who decides where your child will go to school after a divorce in Colorado depends on any prior school agreements and the Allocation of Parental Responsibilities outlined in your court-ordered Parenting Plan. You and your co-parent must complete and agree to a parenting plan before finalizing your divorce.
If you and your spouse cannot agree on a parenting plan, one will be created and ordered for you by the court.
If you and your spouse share educational aspirations for your child, you can write out a schooling plan and include it in your parenting plan before divorce. Your attorneys or a mediator can help you meet legal requirements when drafting your plan.
If you and your co-parent cannot agree on where your child will go to school after your divorce, you must consult your parenting plan. Your parenting plan is your first resource for resolving conflict between yourself and your co-parent.
Your parenting plan outlines the allocation of parental responsibilities between yourself and your co-parent. It details whether you hold parenting-time responsibilities and decision-making responsibilities jointly or as the majority parent.
If one parent holds majority decision-making responsibility for your child, that parent has the authority to choose where your child will go to school. That parent is also responsible for deciding your child’s religious upbringing and major medical procedures.
If you and your co-parent share decision-making responsibility and disagree on school choice, you may be required to attend mediation in the event of a disagreement. Your parenting plan may have a clause designating one parent as the ultimate decision-making authority should a dispute arise.
When no clause exists, and you share decision-making authority, the court must make any schooling decision. The court would base its decision on the best interest of your child.
When possible, you and your co-parent should make joint decisions about your child’s education. You are the closest parties to your situation and your child.
The court must look to your child’s best interest when making its determination. In doing so, it may review the following:
If you have questions or concerns about divorce and your child’s education, talk to an experienced family law attorney.
Learn more about the allocation of parental responsibilities and how it impacts your child’s education by speaking with an experienced attorney at Danielsen Westhoff, PC. Our Broomfield divorce attorneys can help you create a thorough parenting plan or work with you to modify your existing plan.
At Danielsen Westhoff, PC, we realize your child’s education is a priority. We will take the time to address your concerns and provide you with your best legal options.
Contact Danielsen Westhoff, PC, at (720) 649-4876 or contact us online to schedule your initial consultation.
The post Who Decides Where My Child Will Go to School After a Divorce in Colorado? appeared first on Danielsen Westhoff.
]]>The post Divorce vs. Legal Separation in Colorado: Which is Right for You? appeared first on Danielsen Westhoff.
]]>If you are considering either of these marital actions in Colorado, you need a firm understanding of each before deciding. The following briefly describes legal separation and divorce, along with their key points.
By no means is this article a substitution for legal advice. The best way to determine whether legal separation or divorce is proper for you is to discuss your case with an experienced Colorado family law attorney.
A divorce, or Dissolution of Marriage in Colorado, is the legal termination of a marriage. Upon a divorce, spouses are free to remarry a new partner.
A divorce decree also contains any orders regarding the division of marital property and debts, orders of spousal maintenance, child support, and child custody (if applicable).
As in a divorce, a legal separation ends in a decree. That decree divides marital property and debts, and orders spousal maintenance, child support, and child custody (if applicable).
A legal separation decree DOES NOT terminate the spouses’ marriage. The spouses are not free to remarry a new partner because they remain married.
A legal separation can be converted into a divorce before a legal separation decree is issued. It can also be converted into a divorce six months after the legal separation decree is issued.
There are several reasons spouses may choose a legal separation over a divorce. Often, spouses remain legally married for health insurance benefits or tax purposes.
Other reasons to remain married but legally separate include:
Before legally separating, it is wise to check with benefits providers to ensure legally separated spouses qualify for insurance and other policy benefits. Certain insurers disallow legally separated spouses’ policyholder benefits.
A legal separation takes approximately the same time and costs the same as a traditional divorce. The spouses must resolve the same issues as in a divorce case before a decree is ordered.
The main difference between a legal separation decree and a divorce decree is that a legal separation decree does not dissolve the spouses’ marriage. The court processes are nearly identical.
If you are unsure whether a legal separation or divorce suits your situation, contact the experienced family law attorneys at Danielsen Westhoff, PC, today. We offer compassionate, honest counsel to help you make life’s most difficult decisions.
Danielsen Westhoff, PC, can guide you through the pros and cons of a legal separation vs. a divorce so you can be confident you made the right choice. You can reach Danielsen Westhoff, PC, in Broomfield by calling us at (720) 649-4876 or contacting us online to set up an initial consultation.
The post Divorce vs. Legal Separation in Colorado: Which is Right for You? appeared first on Danielsen Westhoff.
]]>The post Can I Move to Another State with My Children? appeared first on Danielsen Westhoff.
]]>Regardless of why a parent may relocate, they must do so within the bounds of Colorado’s relocation laws. These laws vary depending upon the moving parent and non-moving parent’s custodial relationship with their shared children.
The following offers legal guidance regarding Colorado’s child relocation statutes. This is general information. For specific case advice, seek the advice of an experienced child custody attorney near you.
If a court-ordered parenting schedule is in place, a parent with whom a shared child lives a majority of the time or an equal time must have permission from the other parent or the court to move when that move “substantially changes the geographical ties between the child and the other party.”
The parent seeking relocation must give the non-moving parent notice of the intended move as soon as practicable.
That notice must include the following:
If the non-moving parent does not consent, the relocating parent must file a motion to relocate. The matter is then set for a court hearing.
Relocation cases are given priority but can take months for a court to hear.
Without the non-moving parent’s consent, the court will decide whether the move is in the best interests of the child(ren). In doing so, the court will review any domestic violence as well as the following factors:
Although the court may not favor either parent in a relocation case, some reasons for moving may carry more weight with the court than others.
It is against the law to move with a co-parented child without going through the proper notification procedures. Anyone who does so is subject to parental kidnapping charges.
The other spouse can petition the court that issued the original parenting plan for an emergency hearing and child custody change.
Do not take risks with your children and future relocation. Contact an experienced child custody attorney at Danielsen Westhoff, PC, to ensure your move complies with Colorado’s relocation statutes.
Danielsen Westhoff, PC, has decades of experience helping families meet their family law expectations. Reach out to one of our compassionate, approachable attorneys to schedule your initial consultation.
At Danielsen Westhoff, PC, we want you to know your legal rights and obligations before you make life-altering decisions. Get started with us in advance of your move by calling (720) 649-4876.
The post Can I Move to Another State with My Children? appeared first on Danielsen Westhoff.
]]>The post 3 Challenges you May Face in High-Asset Divorce appeared first on Danielsen Westhoff.
]]>The choices made by spouses in high-asset divorces can have a lifelong impact on their finances and lifestyle as well as inheritance or legacies meant for their children. Knowing the challenges of a high-asset divorce and preparing for them in advance can help spouses avoid divorce pitfalls.
The following article identifies three common challenges spouses are likely to encounter in a Colorado high-asset divorce. For specific advice and an individualized consultation, contact an experienced high-asset divorce attorney near you.
Hiding assets or failing to disclose assets makes a high-asset divorce more challenging, lengthy, and expensive. If you or your spouse fail to disclose assets in your Colorado divorce, you are subject to court-imposed sanctions and penalties.
You should thoroughly investigate your spouse’s asset inventory and use a forensic accountant whenever you suspect your spouse of dishonesty. There must be a reliable accounting of marital assets and debts for an equitable property division to take place.
How property is divided in a high-asset divorce can significantly impact your tax liabilities.
You should consult professionals when identifying and valuing your assets then again before you sign a property settlement. Otherwise, you could saddle yourself with tax liabilities that outweigh the value of your property settlement.
Your high-asset divorce team should include professionals to ensure your current and future best interests are protected. These may include:
Never make emotional property decisions just to upset your spouse or end your divorce quickly. These usually backfire and end in added grief and financial hardship.
You must start planning for your high-asset divorce right away. Immediately start gathering your financial documents and making a list of assets and liabilities.
This includes but is not limited to:
Secure a copy of your prenuptial or postnuptial agreement. Having all of your records on hand will help your attorney get a clear picture of your upcoming divorce.
Planning for your high-asset divorce is the best way to protect yourself and your future. An experienced high-asset divorce attorney can assist you in the preparation process.
The high-asset divorce attorneys at Danielsen Westhoff, PC, are prepared to discuss your divorce goals and expectations with you. We can work alongside you to ensure your divorce decisions are well-reasoned and made with your future in mind.
High-asset divorces require specialized representation. At Danielsen Westhoff, PC, our high-asset attorneys have the experience needed to guide you through your divorce. We also have access to professionals who can assist you with identifying and valuing complex assets.
Reach out to Danielsen Westhoff, PC, in our Broomfield office today to schedule your divorce consultation. In addition to assets, we can address your other divorce concerns like spousal maintenance, child custody, and child support.
The post 3 Challenges you May Face in High-Asset Divorce appeared first on Danielsen Westhoff.
]]>The post How Long Do You Have To Be Married To Receive Alimony in Colorado? appeared first on Danielsen Westhoff.
]]>The following article briefly discusses marriage length and its effect on Colorado spousal maintenance. For specific information or a case consultation, contact an experienced Colorado divorce attorney.
In Colorado, alimony is referred to as spousal maintenance. Spousal maintenance payments are typically dependent on the length of a marriage.
Colorado has guidelines the court may use for marriages lasting from three to 20 years when setting spousal maintenance payments. The guidelines help the court in determining the amount and duration of spousal maintenance payments.
Colorado’s spousal maintenance guidelines are as follows:
These are only guidelines. The court must consider and make initial findings about spousal maintenance whenever it receives a request for support from a spouse regardless of marriage length.
The court must consider and make initial oral and written findings about a spouse’s request for maintenance.
In its findings, the court must examine the following:
Only after making these initial findings can the court determine whether it will award spousal maintenance.
When a marriage lasts less than three years but may be suitable for spousal support, the court may award maintenance under certain circumstances. For example, a spousal maintenance award may be used in cases where property distribution is not sufficient to provide an equitable division of property between the spouses.
Spousal maintenance may also be awarded in marriages of less than three years when the requesting spouse is the custodian of a child whose condition or circumstances make it inappropriate for the spouse to seek employment outside the home.
There must be a strong argument and evidence for the court to deviate from the spousal maintenance guidelines in marriages under three years. An experienced divorce attorney can help prepare and build a spousal maintenance case for you if you are in this situation.
At Danielsen Westhoff, PC, our experienced Broomfield divorce attorneys can help you prepare and defend your spousal maintenance case. We are compassionate, dedicated family law attorneys who know what it takes to protect your rights in any family law matter.
Reach out to Danielsen Westhoff, PC, in our Broomfield office today to schedule your divorce consultation. Our attorneys are ready to help you make informed decisions and guide you through the divorce process.
The post How Long Do You Have To Be Married To Receive Alimony in Colorado? appeared first on Danielsen Westhoff.
]]>The post The Role of Prenuptial Agreements in Property Division appeared first on Danielsen Westhoff.
]]>A prenuptial agreement or marital agreement is a contract signed by a couple before marriage. Its purpose is to designate spousal property rights and determine how property and spousal maintenance will be handled in the event of a divorce.
Many believe prenuptial agreements are only for the wealthy. However, this is not the case. Prenuptial agreements are used by couples for several reasons regardless of wealth to simplify and define property division, inheritance rights, and more should a marriage breakup.
There are various reasons for prenuptial agreements. Many depend on the age of the couple entering into a marriage.
Younger couples may use prenuptial agreements to address:
Previously married or older couples may choose to sign a prenuptial agreement to protect:
Prenuptial agreements can also be used to define marital rights and obligations in the event of a spouse’s death. Prenuptial agreements may not be used to predetermine child support or child custody.
In the absence of a prenuptial agreement, all property and debts acquired by either party during the marriage are considered to be marital property. It does not matter how that property or debt is titled.
Marital property is subject to equitable or fair division by the court upon divorce. Marital property division excludes a spouse’s separate property.
Separate property in Colorado is property:
When separate property is not clearly defined by a prenuptial or postnuptial agreement, it can easily become mixed with marital property. This can result in any increases in the value of separate property during the marriage being divisible as marital property upon divorce.
A valid prenuptial agreement allows a couple to avoid Colorado’s default marital property division laws. This includes the equitable division of any assets, debts, retirement, business income, or property value increases during the marriage.
A prenuptial agreement eliminates any confusion as to what property is separate property of the spouses. This can eliminate a lengthy and expensive court battle over assets.
Colorado permits spouses to enter into prenuptial agreements without legal representation. However, they must do so with a waiver.
A judge may consider a lack of counsel when considering whether a prenuptial agreement is valid. Therefore, it is wise that both parties entering into a prenuptial agreement have legal counsel when entering a contract.
Protect your current and future legal property rights by entering into a comprehensive prenuptial agreement with your spouse-to-be. At Danielsen Westhoff, PC, we have helped Coloradoans for more than twenty years make crucial family law decisions.
Let Danielsen Westhoff, PC, guide you through creating a prenuptial agreement tailored to fit your needs. You can reach Danielsen Westhoff, PC, by calling our Broomfield office or contacting us online.
The post The Role of Prenuptial Agreements in Property Division appeared first on Danielsen Westhoff.
]]>The post Tips for Effective Co-Parenting Around the Holidays appeared first on Danielsen Westhoff.
]]>Help to make the most of your holiday season as a co-parent by planning and anticipating common co-parenting challenges. The following offers tips for effective co-parenting around the holidays.
If possible, share these tips with your co-parent and keep the lines of communication open in anticipation of the holidays. This may help to avoid a season of conflict and disappointment for yourself, your co-parent, and your children.
Review your parenting time schedule well in advance. There should be guidance in your parenting time schedule regarding holiday visitation.
Typically holidays alternate between parents. Make sure you and your co-parent are aware of the stipulations in your parenting time schedule.
Discuss any changes or alternate holiday plans you would like your co-parent to consider. Be flexible if your co-parent would like a change.
If you and your co-parent cannot agree on changes, the parenting plan takes precedence.
Life is unpredictable, and plans can change without notice. Be flexible with your co-parent if there are special events or opportunities for your children to visit with extended family. Remember that you may like to be afforded the same courtesy in the future.
You may arrange for makeup days or trade for upcoming holidays in the calendar year.
Prepare your children for upcoming changes in the holiday season. Let them know that although the holidays will not be the same, they will be a time to embrace new traditions.
Encourage your children to enjoy time with their other parent and remove them from any holiday disputes.
If you are unable to work together with your co-parent to navigate the holidays, you may need outside help. Many parenting time schedules require co-parents seek help from a mediator to resolve their disputes prior to court intervention.
Mediation is an excellent means to work through parenting time disagreements. Family law attorneys can also provide advice on creative solutions to parenting time problems.
In situations where you and your co-parent cannot agree, a family law attorney can help you modify a parenting time agreement through litigation. Regardless of what method you choose to end a holiday parenting time dispute, remember that the court will only approve plans that prioritize your children’s best interests.
If you would like to discuss parenting time schedules in Colorado and how they are affected by the holidays, contact an experienced child custody attorney at Danielsen Westhoff, PC. We can help you review your existing parenting time schedule or work with you to create a schedule tailored to your family’s needs.
Do not wait to speak with Danielsen Westhoff, PC. Our attorneys have over two decades of experience representing families throughout Colorado.
Danielsen Westhoff, PC, can help you with any of your child custody, divorce, modification, or other family law matters. Call us in Broomfield today!
The post Tips for Effective Co-Parenting Around the Holidays appeared first on Danielsen Westhoff.
]]>The post Open vs. Closed Adoption appeared first on Danielsen Westhoff.
]]>Open and closed adoptions pose advantages and disadvantages to adoptive parents and should be carefully contemplated before finalizing an adoption plan. Read the following information to learn more about open and closed adoptions in Colorado.
Then, consult with an adoption attorney for additional help with your proposed adoption plan.
In an open adoption, the adoptive parents and the birth parent(s) meet and are in contact with one another. The amount of interaction between the adoptive parents and the birth parent(s) will vary from case to case depending on the comfort level of the parties and their circumstances.
Some parties choose to share contact information and will call and text during the pregnancy. Adoptive parents may witness their child’s birth.
Birth families may stay abreast of special events in a child’s life like birthdays, holidays, and graduations. This contact may be through the adoption agency or in person.
An adoption may be a semi-open adoption. In a semi-open adoption, contact between the adoptive parents and birth parent(s) is through a third party. The third party may be a mediator, caseworker, adoption attorney, or a similar professional.
Whether adoptive parents choose an open adoption or semi-open adoption, they can have a written post-adoption agreement with the birth parent(s) regarding contact after the adoption.
Open adoption allows for adoptive parents and birth parent(s) to be more active in the adoption process. Adoptive parents can ask birth parent(s) pertinent health questions and address adoptive children’s future concerns about being adopted.
Open adoption may confuse small children about the identity of their parents. The presence of birth parent(s) can be overwhelming or threatening to adoptive parents.
In a closed adoption, there is usually no contact between adoptive parents and birth parent(s) prior to or after a child is adopted. Closed adoptions may involve newborns that were placed with agencies, children from other countries, or children in the custody of the state.
In a closed adoption, the adoptive parents may not know anything about a child’s birth parent(s). Adoptive children are issued new birth certificates, and adoption files are sealed.
Closed adoption protects the privacy of both the adoptive parents and the birth parent(s).
Adopted children may want to know about their past and their birth parent(s). However, this information may be difficult to uncover. These children may have emotional scars and traumatic pasts that are unknown to the adoptive parent(s).
If you would like to learn more about adoption in Colorado, contact an experienced attorney at Danielsen Westhoff, PC. We can ensure you know all of your adoption options and help you make vital decisions about your growing family.
You can reach Danielsen Westhoff, PC, by phone at (720) 704-1504 or online.
The post Open vs. Closed Adoption appeared first on Danielsen Westhoff.
]]>The post How Long Does an Uncontested Divorce Take in Colorado? appeared first on Danielsen Westhoff.
]]>At the minimum, a Colorado divorce will take three months. This is because the court will only sign off on a divorce decree 91 days after the filing of the affidavits.
Three to six months may seem like a long time to finalize an uncontested divorce. However, uncontested divorces require the spouses to agree on all major divorce issues without court intervention.
These include:
The spouses must also prepare, file, serve, and respond to legal case documents. Any mistakes in paperwork or service could unnecessarily delay an uncontested divorce.
There are advantages to an uncontested divorce. Uncontested divorces offer cost-savings and simplicity to spouses with little property and no children.
They also work well for spouses with children who have an amicable relationship and can agree on major issues. An uncontested divorce can foster a co-parenting relationship in the future and benefit the children.
Uncontested divorces allow spouses to control their own major life decisions going into the future. When the court makes these decisions on spouses’ behalf, one or both spouses are typically unhappy with the outcome.
Not all situations are suited for an uncontested divorce. When divorces involve complex property division, multiple assets, or asset inequality between spouses, an uncontested divorce may not be appropriate.
Complex or high-asset divorces need professional assistance from appraisers, accountants, and other experts to ensure they are properly valued and divided equitably between the spouses. In divorce cases where there is an imbalance of power, an uncontested divorce may not protect the legal rights and interests of the disadvantaged spouse to property, spousal maintenance, and child support.
A disadvantaged spouse may also need court intervention to receive a fair child custody arrangement and visitation schedule.
To qualify for an uncontested divorce in Colorado, one of the spouses must have lived in Colorado for the last 90 days and:
Additionally, the spouses must file Sworn Financial Statements, a proposed Decree of Dissolution of Marriage, a Parenting Plan, and a certificate of completing court-approved parenting classes (if applicable).
You may not need an attorney for an uncontested divorce in Colorado, but it is wise to consult one. Spouses who choose to act as their own attorneys are held to the standard of attorneys by the court. They must follow legal rules and statutes and ensure their divorce filings are correct and timely.
Eliminate any guesswork and anxiety in filing your uncontested divorce by contacting Danielsen Westhoff, PC. We are Broomfield family law attorneys dedicated to addressing your divorce questions and concerns and meeting your family law goals.
Schedule your consultation with a skilled divorce attorney today by calling Danielsen Westhoff, PC, at (720) 704-1504 or contacting us online.
The post How Long Does an Uncontested Divorce Take in Colorado? appeared first on Danielsen Westhoff.
]]>The post What to Know Before Adopting in Colorado appeared first on Danielsen Westhoff.
]]>If you are considering adoption in Colorado, the following article offers valuable information about legal adoption in the state including:
To discuss particular case details, contact an experienced Broomfield adoption attorney.
Any person 21 years or older may adopt in Colorado. Adoptive and foster parents must pass a background check, complete training, and a home study.
Spouses must apply to adopt a child jointly. Same-sex couples may adopt a child in Colorado.
A person convicted of a felony crime including child abuse, neglect, battery, sexual assault, rape, or murder cannot adopt a child in Colorado.
A Colorado adoption can take place within a family or from outside of a family. Adoptions within a family may include a stepparent adoption or a kinship adoption.
In a stepparent adoption, a stepparent who is legally married to a child’s biological parent adopts that child. A kinship adoption is an adoption where one biological family member adopts another.
Adoptions from outside of a family may be public, private, or international. A public adoption is one through the Department of Human Services foster care system.
A private adoption is an adoption coordinated through an agency. A birth mother is matched with a prospective parent or parents.
In agency adoptions, a child’s natural parents directly transfer their parental rights to the adoptive parents. This is different from public adoptions where parental rights are initially transferred to the state.
Agencies may also assist with international adoptions. These adoptions are some of the most costly and complicated.
Whether prospective parents choose public or private adoption, they are typically required to attend parenting classes. These classes outline the adoption process and highlight the emotional and behavioral needs of adopted children.
Home studies are a requirement for most adoptions. During a home study, a licensed social worker meets with a potential family in their home to ensure the following:
Home study interviews are conducted with every member of the family. The conversations can be lengthy and very personal.
Prospective parents will also undergo a thorough check of their finances and a medical assessment. These are to ensure a stable home and living situation for an adopted child.
An adoptive parent can petition the court to finalize an adoption six months from the date that they take custody of a child.
Colorado allows final adoption decrees to be challenged within 91 days of their initial passage. Outside of the 91 days, a decree can only be challenged when there is clear and convincing evidence that the adoption is not in the best interest of the child.
If you are a prospective parent in Colorado and want to know more about the types of adoption available to you or the state’s adoption process, Danielsen Westhoff, PC, can help. We are a full-service Broomfield family law firm experienced in stepparent, kinship, and other areas of adoption.
Schedule an appointment with an adoption attorney today to discuss your questions and concerns. You can reach Danielsen Westhoff, PC, by phone or via our online contact form.
The post What to Know Before Adopting in Colorado appeared first on Danielsen Westhoff.
]]>