Family Lawyer Colorado
A family lawyer Colorado trusts knows that although most couples want their relationship to last, not all marriages will be destined for the happily ever after story. When a relationship ends in divorce, there is often a lot at stake. Children may now be split between each parent’s new home, the dream home may be lost, and all marital assets may be divided. Divorce is complicated and often includes blaming, shaming, and finger-pointing that can make things even more difficult. For this reason, you should have a family lawyer in Colorado on your side.
No-Fault or Fault Divorce?
A family lawyer in Colorado at Zweig Law, PC knows all too well how pointing fingers can be common during a divorce. The reasons behind the demise of the marriage may remain a secret to the world at large, but every couple knows the real story. Going through the steps required to legally split the union back into single parties may seem impossible. One of the first steps to getting through it is filing a petition asking the court to grant the divorce. In this document, the party filing for the action, the petitioner, has to give a reason, or grounds, for the fractured union.
State laws may allow a petitioner to claim that the marriage is over for a myriad of reasons. The most common reason cited is differences between the spouses that can not be overcome. A CO family lawyer can explain to you during a consultation how with no-fault divorce, the couple is stating that the union is broken beyond repair and that no one reason caused it. In this instant, both parties agree that they are not getting back together and want the court to simply restore their status back to single.
Placing Blame or Fault
In some instances, there may be a good reason for the divorce. There are six fault-based grounds for divorce. If a party chooses to name one, they must be able to prove them with help from a Colorado family lawyer. These grounds include:
- Violent or emotional abuse pattern
- Abandonment lasting at least a year
- Imprisonment for two years or longer
When one of these is mentioned as a reason for the demise of the marriage, the court must be able to grant a decree using it, or else the process starts anew.
While some of the grounds for a fault-based divorce may be easy to demonstrate in court proceedings, others may take more work. A court record showing a prison sentence, for example, may be easy to furnish. Even if the incarcerated spouse objects to the divorce, it may be easier for the petitioner to get it granted. However, something like infidelity or humiliation may be harder to prove. Proving fault does not necessarily give the filing spouse the upper hand in the division of property or child visitation. The court may, however, consider it when deciding matters such as child support, custody, and alimony.
Whatever way you choose to go, it is best to not do it on your own. A lawyer for CO family matters may be able to help you get through the divorce process more efficiently. Do not hesitate to contact us to book your free initial consultation with a family lawyer in Colorado at Zweig Law, PC as soon as you have the time!
Protecting Your Business After a Divorce
Divorce is not easy, and for business owners, this can be a complicated situation. If it is not handled properly, the consequences could be disastrous.
Like a home, car, or other assets, a business is also considered to be an asset. This means the value of it can be split between you and your soon-to-be ex-spouse. Even if you began your business prior to your marriage, it may be possible for your ex-spouse to seek a part of it. For example, our family lawyers in Colorado know of cases in which the value of the business increased, and as such, it became marital property because this happened during the marriage.
Protecting Your Business
You might wonder whether or not you can protect your business in the event of a divorce. The following are some tips provided to you by our leading family lawyers in Colorado. If you require further advice, you may call Zweig Law, PC.
- Draft a Pre-Nuptial or Post-Nuptial Agreement – If you began your business before you were married, you may be able to protect it by asking your fiance to sign a prenup agreement. If you fail to do this before you are married, you can draft a postnuptial agreement that affords similar, if not the same, protection for your business. You don’t have to be extremely wealthy to have these legal documents. Rather, if you want to protect your assets before you are married, you can likely benefit from a pre or post-nuptial. A family lawyer in Colorado can draft both for you.
- Let Go of Other Assets – If you have already begun the divorce process, and did not take any preventative measures, you may still be able to protect your business. Consider letting go of other valuable assets such as your retirement accounts, your house, car, or other items. By giving your spouse assets that are the same value of the business they would have received, you may be able to retain all of your business.
- Make Payments – You might be able to save your business by arranging monthly payments, or a lump sum, to your ex-spouse for their share of the business. These payments can come from the businesses’ cash flow or a bank loan.
- Evaluate Your Business – Before you give anything away, you should ask a third party to evaluate your business. This person could be court-appointed, a financial analyst, or a lawyer. By knowing the worth of your business, you can ensure your ex-spouse does not receive anything more than they deserve.
If you are a business owner and are getting a divorce, a Colorado family lawyer can help you dissolve your marriage and protect your business. Call Zweig Law, PC now.
The decision to get a divorce is sometimes made after a couple has been apart for a while. This may sometimes be because the couple is not completely sure that they want to end the marriage, or because the couple needs to remain married for some reason, for example, if one spouse is covered under the other spouse’s medical insurance. Spouses who are not quite ready for a divorce may decide to get legally separated instead. A Colorado family lawyer can help.
Legal separation in Colorado is a legal process through which a couple can live apart after a court makes decisions on certain issues relates to the marriage. Once a court declares a couple legally separated, they operate as though they are divorced, except the couple cannot remarry because they are still legally married.
During a legal separation, a court can make determinations regarding custody, visitation, child support, and spousal maintenance. However, the court cannot make a ruling on the division of marital property without the couple requesting the division, and without an agreement by the spouses on how the property is to be divided. The court does not have to accept the agreement if the court feels it is not a fair division of assets among the couple, or if the court feels the agreement is unconscionable.
Without a decision on marital property in a legal separation, each spouse still has access to the marital assets. Some people may worry that their spouses will misappropriate the marital assets or try to hide assets in order to avoid the assets from being given to the other spouse in a divorce. Therefore, for peace of mind, couples who file for legal separation should always consider getting an agreement together to address the division of marital assets. Your Colorado family lawyer will ensure that any agreement is a fair one.
Once a couple is legally separated, any assets accumulated by each spouse are no longer considered marital property and cannot be divided as such if the couple later goes through with the divorce. This is also true of marital debts. So legally separated spouses are no longer jointly liable for each other’s debts if the debts are incurred after the legal separation.
A legal separation does not affect the couple’s ability to get a divorce. No matter how long the spouses have been legally separated, they can file for divorce at any time.
Contact an Experienced Family Law Attorney
If a divorce is not possible, either for personal or religious reasons, and your marriage has fallen apart, you can consider filing for legal separation. Instead of simply moving out of your home, getting legally separated can offer more protection during your time of separation. For more information on filing for legal separation and getting child support or spousal maintenance while legally separated, contact a Colorado family lawyer from Zweig Law, PC. for a consultation.
Handling a Family Law Motion
When you are dealing with a family court matter, you may have to, at some point, file a family law motion to ask the court to make a decision on important issues regarding the division of assets, payment of debts, child custody, child support, alimony, and so forth. A family law motion will be needed for any issues you and your ex-spouse are unable to resolve through another means or to modify an existing order. To see how our family lawyer Colorado couples trust can help, call us now.
Handling a family law motion without a family lawyer can be challenging and time-consuming. Whether you choose to take action on your own or with the assistance of a family lawyer, information on the forms and their respective time limits can greatly affect your motion.
Filing the Motion
In family law, the legal term for the person filing the motion is the moving party. The spouse, parent, or another party who is in the opposition is called the opposing party. To begin with, filing a motion at the family court, you will need to identify the correct paperwork that needs to be completed. You can ask courthouse facilitators to provide you with these forms; however, they cannot provide you with any legal advice. They are also not allowed to tell you information you should or should not include. This is one reason why many people choose to ask a CO family lawyer for help.
You should remember to mark the deadlines on your calendar and write down when you notify the opposing party. Follow all of the guidelines on the form to ensure you are able to pursue your motion.
Make Copies of All Important Paperwork
When you file your motion, you will likely need to provide copies of different documents. As a family lawyer might tell you, be sure to make multiple copies of each document. One copy will be filed with the county clerk, one will be for you, another will be for the opposing party, and there should be at least one more as an extra. A separate copy may need to be filed for the judge to use at the motion hearing. You can ask the county clerk to stamp each copy for verification purposes.
Know Your Deadlines
If you manage to make it through the documentation and filing process, you will then need to put an emphasis on the deadlines. These deadlines will be enforced by the family court and should not be broken. On the day you choose to file your motion, you can ask the court how to schedule and confirm your upcoming hearing date. Many courts require the moving party to confirm the hearing ahead of time. Failure to do so could result in a dismissal of the hearing, and you would need to start the scheduling process over. In addition to the hearing deadline, there are other deadlines for the notification, opposition response, and so forth.
The Motion Hearing
For select motions, a family court judge will make a decision without any formal hearing. To do this, the judge will review the documentation and provided information. After this, a temporary or final order will be made. In other cases, a written motion will come before a motion hearing. At this hearing, each party will be given the chance to voice their concerns to the judge. Questions may be asked to help the judge to gain a better understanding of the situation. Once the hearing is over, the judge will issue a revised or new order.
If you believe you need legal assistance with the process of filing a motion at the family court, you may want to consider speaking with a family lawyer Colorado relies on from Zweig Law, PC.
Common Myths About Family Law
If you’re planning to file for divorce, you may have a lot of questions in your head. It’s important to separate fact from fiction before you file. Here are several myths about family law a family lawyer in Colorado doesn’t want you to believe.
- If the debt is under my spouse’s name, I’m not responsible for it. Generally, any debt you or your spouse take on during your marriage is both of your responsibility. Even if your spouse created debt that you didn’t know about, you will likely be financially responsible for it.
- The mother always gets custody of the children. In many cases, judges award custody to the mother. This is because women are generally viewed as more nurturing than men. However, the mother has a history of drug abuse or mental illness, the judge will like award custody to the father instead.
- You need a good reason to get a divorce. The truth is that you don’t need a specific reason to get divorced in Colorado. The state is no-fault, meaning that you don’t need to prove fault to get your divorce approved. Even if your spouse doesn’t agree with getting a divorce, you can still obtain one.
- If you have an uncontested divorce, you don’t need a lawyer. An uncontested divorce is certainly preferred to a contested one. You and your spouse agree on the major issues in your divorce want to remain civil. However, that does not mean you shouldn’t have an experienced family lawyer in Colorado on your side. Complications can still arise during uncontested divorces, so it’s best to work with a lawyer.
- If the other parent isn’t paying child support, you don’t have to let him or her see the kids. It can indeed be frustrating if your ex hasn’t been paying child support. However, that doesn’t mean you can take his or her parenting time away. Even if your ex has not paid in months, he or she still has the legal right to see the kids. There are several legal remedies, though, to get your ex to pay child support, like writing a demand letter.
- Affording a lawyer is impossible. There’s no argument that divorce is expensive. However, that doesn’t mean you absolutely can’t afford a family lawyer in Colorado. Some lawyers offer sliding scales for clients with certain incomes and payment plans.