Why Choose Stahly Mehrens LLC?
Legal matters where your family is involved require the full attention of experienced a 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
- Require assistance due to domestic violence
- Have questions regarding spousal support and 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
The Denver family law attorneys at Stahly Mehrtens LLC can guide you through. Schedule your consultation now.
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. Divorces are categorized as contested and uncontested. Both require that you and your spouse ensure that several issues are handled before a divorce decree can be issued.
- 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
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
- Making the determination of what constitutes marital assets and separate assets
- Division of marital assets and debts
- Determining how prenuptial agreements impact the divorce
- Determining how allegations of domestic violence, if any, impact the divorce
How is Child Custody Handled in Colorado Family Law Court?
In Denver and throughout the rest of Colorado, child custody 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.
How Is Child Support Determined in Denver?
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.
Your Denver family law attorney can also assist you with payment enforcement options as well as with 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 10%.
What Is The Spousal Support Process?
There are several legal factors that must be met if spousal support and maintenance, also referred to as alimony, are 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 who is unable to support themselves during and after divorce to get 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 (the marriage must have lasted a minimum of ten years)
- The contribution of each spouse to the marriage (non-monetary contributions are acceptable)
- The lifestyle of the couple
- Property awarded to each spouse
- Property already owned by each spouse
- 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 are also services that an experienced Denver family law attorney can assist with. This can be crucial because of economic and life changes.
Contact Our Denver Family Law Lawyers Today
Colorado Revised Statutes aren’t easy to understand on your own. Our Denver family law lawyers are here to help you. Schedule your consultation now.