Legal matters where your family is involved require the full attention of experienced Denver family law lawyers. Whether you’re involved in:
- A divorce matter
- A child custody matter (legally known as an allocation of parenting time)
- A child support matter
- A child paternity issue
- Have questions regarding spousal maintenance (also known as alimony)
- Have questions regarding the division of marital property
- Considering a collaborative divorce
- Have concerns regarding non-traditional or same-sex family law matters
Stahly Mehrtens Miner LLC’s Denver family law attorneys can guide you through. Schedule your consultation today by calling 303-797-2900 or contact us online.
What Issues Must Be Resolved When Filing for Divorce in Denver?
Although filing for divorce in Denver means that you and your spouse are filing for a “no-fault” divorce, that doesn’t mean that the process will be simple and that a Denver divorce attorney might not be needed. No-fault divorces mean that there does not need to be a reason, like abandonment or infidelity, for the divorce. However, divorces are categorized as contested and uncontested:
- A contested divorce refers to a divorce that involves at least one issue in the divorce process that the parties do not agree upon.
- An uncontested divorce refers to a divorce in which both parties agree as to how all of the issues will be resolved
Both types of divorce require that you and your spouse agree on several issues before a divorce decree can be issued. Some of the issues that must be resolved before the final decree can be issued include:
- Spousal maintenance and support (for marriages that qualify)
- Child custody (the allotment of parental responsibilities) and child support
- Determining marital assets and separate assets
- Dividing marital assets and debts equitably
- Determining if/how prenuptial agreements impact the divorce
Child Custody in Denver, Colorado
Child custody in Denver and the rest of Colorado, is formally referred to as the allocation of parental responsibilities. It is a contentious matter regardless of whether the parents were ever married. Although even the Courts agree that it is best for children to spend time with both parents, this isn’t always possible. Therefore, child custody is broken down into two types:
- The allocation of parenting time, also known as physical custody, describes with whom the child will live during that portion of parenting time.
- The allocation of decision-making responsibilities, also known as legal custody, is a parent’s legal right to make certain decisions on behalf of the child. Sometimes this is split by the parents. Other times, it is awarded to only one parent.
How the Court determines child custody is based on what is in the best interests of the child. As the parents, you also have the opportunity to work together to come to an agreement on this matter as well.
What to Know about Child Support
Child support matters involve:
- Calculating the amount of the payment or coming to an agreement on a fair payment amount
- Payment enforcement
- Child support modification
The State of Colorado relies on the Income Shares Model and a special worksheet to determine the amount of child support that should be paid by the parent who does not have the majority of the parenting time. The parent required to pay is then required to pay that amount until the child is 18 years of age and has completed high school or until they are 19 if they are a full-time high school student. The parents have the ability to come to a fair agreement on the payment amount as well.
Our Denver family law attorney can also assist you with payment enforcement options and child support modifications, should either become necessary. For modifications, you must show that you experienced a “substantial and continuing change” in your circumstances that will change the amount of child support by at least 10%.
Factors Used To Determine Spousal Maintenance Matters
There are several legal factors that must be met if spousal maintenance (also referred to as alimony) is to be considered by the court – it is not something that is automatically granted by the Court. This is a tool used to assist a spouse in transitioning into their new life during and after divorce and is meant to assist them in getting on their feet financially. The spouses can come to their own agreement or the Court can calculate what is fair based on factors such as:
- The length of the marriage (in general, the marriage must have lasted a minimum of three years)
- The contribution of each spouse to the marriage (including non-monetary contributions)
- The lifestyle of the couple
- Property awarded to each spouse
- Property already owned by each spouse
- The age of each spouse
- The health of each spouse
- Financial needs of each spouse
- Current expenses of each spouse
- Educational background of each spouse
- Employability of each spouse
- The ability to pay
Enforcement and modification of spousal support and maintenance in Denver are also services that an experienced Denver family law attorney can assist with. This can be crucial because of economic and life changes.
Let The Denver Family Law Lawyers Of Stahly Mehrtens Miner LLC Help
Colorado Revised Statutes aren’t easy to navigate without a legal background, so turn to Stahly Mehrtens Miner LLC’s Denver family law lawyers for help. Call us at 303-797-2900 or contact us online to schedule your consultation today.