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
At Stahly LLC, we focus exclusively on family law matters. Our attorneys represent clients throughout Denver and the surrounding areas. Our Denver divorce and trust attorneys will resolve your case through negotiation, mediation, or litigation, and our team is prepared to guide you through every step of the process. Schedule your consultation today by calling (855) 963-4968 or contact us online.
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“[They] helped me get my family back together…I highly recommend them!” – Vicky R.
How Can A Denver Family Lawyer Help With Family Legal Matters?
Family legal matters filed in Denver are generally handled through the Denver District Court. Depending on the situation and the number of individuals involved, cases may require financial disclosures, mediation, temporary order hearings, parenting plans, and court appearances before any final solutions are made.
Our Denver mediation attorneys regularly help clients understand their rights and responsibilities under Colorado law. Our team has the experience to help our clients prepare for each stage of the family law process. Our attorneys have experience handling high-conflict divorces, child custody disputes, property division, and mediation. Depending on your circumstances, legal counsel can assist with: resolving disputes regarding decision-making authority, negotiating custody agreements, representing parents during mediation, addressing relocation requests, and more.
At Stahly LLC, our Denver divorce attorneys have extensive experience and work closely with parents to develop practical solutions while protecting their relationships with their children. If disputes cannot be resolved through negotiation, our attorneys are prepared to advocate for our clients’ best interests in court.
What Types of Cases Are Heard in Family Court?
First, there is not a specific court that hears only family law cases in Denver, Colorado. Family law matters are heard in District Court or Juvenile Court, depending on the issues presented. These courts handle other matters besides family law cases.
Family law cases can take many forms. Some may involve legal issues that can be resolved through informal negotiation or mediation, while others require a judge to make a final determination after a trial. Family law cases tend to be highly emotional due to the high stakes involved.
Some of the most common types of family law cases Stahly LLC handles include the following:
- Divorce: A divorce ends the legal relationship between spouses. Various matters must be sorted out during this process, including the division of marital assets, child custody, child support, and possibly spousal support.
- Division of marital assets: During divorce, dissolution of a civil union, or separation, the marital assets must be equitably divided between the spouses.
- Prenuptial/postnuptial agreements: Fiancées or spouses can enter into legally valid agreements regarding their assets, debts, and spousal support before or during a marriage. However, these agreements could also be challenged during legal separation or divorce.
- Separation agreements: Parties can agree on how to divide their finances and parenting responsibilities through a written separation agreement. This allows them to continue being legally married while creating some legal parameters surrounding their relationship.
- Allocation of parenting time and parental responsibilities: The allocation of parenting time determines when the child will be with each parent. The allocation of decision-making responsibilities determines which parent will have the legal right to make certain decisions on behalf of their child, such as where they will attend school or what type of medical treatment they receive. The parents can agree on these critical responsibilities or have the court decide.
- Guardianship: Guardianship is a term used to describe having custody over someone who is not your child. It can apply to children, as well as to incapacitated adults.
- Spousal support: Spousal support is an exchange of marital assets or income to help a lesser-earning spouse to achieve financial independence over time.
- Child support: All children have the right to be financially supported by both of their parents, regardless of the parents’ marital status.
- Modification of existing orders: Even after a divorce or child support order is entered, it may be necessary or practical to return to court to change the order. This could include making changes to custody arrangements, spousal support, or child support.
- Relocation: If a parent wants to move out of the jurisdiction of the court, they may require approval from the other parent or the court before moving the child.
The legal team at Stahly LLC has decades of experience handling these types of cases. We focus on high net-worth cases that may involve complex property division, trusts, marital agreements, business interests, division of real estate, qualified domestic relations orders (QDROs), and valuable assets. Contact us today if you have a family legal issue you would like our assistance with.
The Divorce Process in Denver, Colorado
Colorado is a no-fault divorce state, so you don’t have to prove cruelty, infidelity, or any other type of wrongdoing to get a divorce. You also don’t need your spouse’s permission to get a divorce. You base your petition to get a divorce on the legal ground that your marriage is irretrievably broken. As long as you or your spouse have resided in Colorado for at least 91 days, you can begin the divorce process.
This process can involve many steps, including the following:
Filing of a Complaint
The legal process of divorce begins by filing a divorce petition, which sets out the basics of your request for the court to divorce you from your spouse and specifies the relief you are seeking, such as the allocation of parenting time. You must also complete a summons that notifies your spouse of the divorce and their need to respond to avoid a default divorce. You also file a case information sheet, which provides basic information about you, your spouse, and your children. After you complete the forms, you pay a filing fee and file them with the court.
Legal Service
After you have filed the legal paperwork, you must have your spouse served with it. Your spouse has 21 days to provide a written response to you and the court.
Discovery
The discovery phase is the investigative portion of the case. You and your spouse can request information from each other and other parties that are relevant to your divorce case and finances. You also complete sworn financial statements and disclosure forms. This work helps you and your spouse make informed decisions throughout the process.
Settlement Negotiations
Colorado courts encourage divorcing parties to reach their own agreements and will generally honor them as long as they are not too one-sided. You and your spouse may be able to reach an agreement regarding the material terms of your divorce (division of marital assets, child custody, child support, spousal support, etc.) by talking to each other, having your lawyer negotiate on your behalf, or participating in arbitration or mediation.
Trial
If you and your spouse are unable to reach an amicable agreement, your case will proceed to trial. A judge will have to determine what is fair based on Colorado’s laws, such as using equitable distribution to divide your assets and considering what is in the child’s best interests when making parenting time and responsibility determinations.
At Stahly LLC, we can guide you through each of these steps with professionalism and confidence. Our goal is to protect your legal rights and interests. We tailor our legal services to your particular needs and objectives. Contact us today for a confidential consultation with one of our experienced Denver family law lawyers.
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
Understanding 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 children should 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 agreeing 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
Several legal factors 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 lawyer can assist with. This can be crucial because of economic and life changes.
Let The Denver Family Law Lawyers Of Stahly LLC Help
Colorado Revised Statutes aren’t easy to navigate without a legal background, so turn to Stahly LLC’s Denver family law lawyers for help. Call us at (855) 963-4968 or contact us online to schedule your consultation today.