Fort Collins Family Law Blog

The downsides of creating a prenuptial agreement

On behalf of Lunt & Associates, LLC on Sunday, October 28, 2018.

Almost every attorney will agree that in this modern age, it's an excellent idea for couples to sign a prenuptial agreement. However, if your attorney advises you to sign a prenup, he or she should also advise you of the potential downsides of this document.

In the interest of full disclosure, let's take a look at a few things you should be aware of before entering into a prenuptial agreement:

You might have to sign away your ability to receive part of your spouse's estate in the event that he or she dies. According to Colorado estate laws, even if a prenuptial agreement exists, you may still be able to inherit some of your spouse's estate, but a prenup will likely preclude you from receiving the lion's share of the estate.
You could lose the ability to receive part ownership of your spouse's business. Spouses play a strong role in the growth of a family business. For example, even if you're not involved in the daily running of your spouse's business, by entertaining guests and providing a shoulder to lean for your spouse, you're providing more support than you might realize. A prenuptial agreement could prohibit you from claiming the value of that contribution during a divorce.
A prenuptial agreement could make your marriage feel more businesslike as opposed to "romantic."
It's hard to predict what things will be like when you divorce. Perhaps you will be the "moneyed" spouse due to a successful business venture and your spouse will be the "lesser-moneyed" spouse -- or the other way around. Signing a prenuptial agreement, just like signing a marriage certificate, is a gamble -- you never know what things will be like in the future.

A prenup can make your divorce go smoothly

On behalf of Lunt & Associates, LLC on Friday, October 12, 2018.

You and your significant other plan to get married in the near future, and you do not think you will need a prenuptial agreement. After all, you do not have that many assets yet, and you both have about the same amount of money. You think prenups are just for rich people trying to protect their wealth and keep it from a spouse. Right?

While prenups are very helpful when protecting wealth, that is by no means the only reason to use them. One of the biggest benefits is that it can help a potential divorce go smoothly, no matter how much you own. You get to make those critical decisions in advance.

3 questions to help you decide if divorce is right for you

On behalf of Lunt & Associates, LLC on Friday, September 28, 2018.

If you are trying to decide if a divorce is right for you, then you are in a precarious position. You may want to speak with your attorney, but doing so could tip off your spouse that something is wrong. If you aren't sure about what you want to do yet, speaking with your attorney is one of the best things you can do. Your attorney can help you decide what you would need to get together to file for divorce and would be able to give you an idea about how your assets would be divided upon divorce.

Before you go to your attorney, you will want to ask yourself a few questions to decide if a divorce is really what you want. To begin with, you need to sit down and decide if your marriage is not worth saving. If there is abuse, adultery or other issues, then you may be correct in moving forward with the divorce. Here are a few other things to consider.

Moving to a new home is an adjustment for children

On behalf of Lunt & Associates, LLC on Friday, August 31, 2018.

The changes that come with a divorce are hard for everyone involved. One challenge for children might be having to move to a new home. Some children have lived in the same home for as long as they can remember and the thought of having to leave it is difficult.

Parents who are facing the possibility of moving need to prepare the children for what's to come. It might not be easy but moving is a good signal that your new life is starting. Consider these points as you work with your children regarding the move:

Avoid these missteps in your high-net worth divorce

On behalf of Lunt & Associates, LLC on Sunday, August 19, 2018.

Divorce is never an easy process even if, in the beginning, it seems like you both agree on every aspect. In fact, there are so many moving parts to divorce, that the chances of ending things without even a minor battle are very slim.

For instance, while you might reach an easy decision on who gets the main house in Fort Collins, you could find yourselves fighting over the dog, the living room furniture, the weekend cabin in Aspen or even the retirement accounts.

Be sure to choose an attorney who will assist you in resolving these issues without blowing them out of proportion. Give us a call for a consult to get creative ideas on how to work out your differences -- without creating more conflict!

Opting for legal separation: How it differs from divorce

On behalf of Lunt & Associates, LLC on Thursday, August 2, 2018.

As someone who is not happy with your spouse, you might think that a divorce is your only option. You don't want to go through a divorce, and you'd rather stay married due to the benefits it provides. You aren't interested in getting married again.

Someone like you is a great candidate for a legal separation instead of a divorce. Others may wish to use a legal separation prior to a divorce.

Getting an international divorce in Colorado

On behalf of Lunt & Associates, LLC on Thursday, July 5, 2018.

It is becoming increasingly common for marriages to either take place outside of the United States or end when spouses are living in different countries. If you want to file for a divorce in Colorado but your spouse is currently living outside of the United States, you might be confused as to how you move forward with your divorce filing.

Such divorce filings do have the potential to become complicated, because American family law needs to interact with international law and potentially the law of the country in which your other spouse is living. Therefore, it's a good idea that you take the time to learn about how the law applies to you before taking action in filing for your international divorce.

Child support payments don't have to be mystifying

On behalf of Lunt & Associates, LLC on Wednesday, June 27, 2018.

Child support payments are often a confusing aspect of child custody situations. These payments are made from one parent to the other, but are meant to support the children. In actuality, the payments are made to the kids but they need an adult to manage their financial interests.

It is up to the recipient parent to determine how the support money is used. The paying parent usually won't have a say in how it is spent unless the child's needs are going unmet. Here are some important things to know about child support payments:

Why is gray divorce on the rise?

On behalf of Lunt & Associates, LLC on Wednesday, June 6, 2018.

Gray divorce is more common than ever. Since the 1990s, reports from the Pew Research Center show that the rate of divorce has doubled for those who are at least 50 years old.

Are you shocked? Many people feel that way. They assume that getting to 50 years old, which often means decades of marriage, also means that divorce is no longer on the radar. The statistics show otherwise, as more and more retirees and other older couples decide to call things off.

Reasons for requesting a custody modification in Colorado

On behalf of Lunt & Associates, LLC on Sunday, May 6, 2018.

When you have a child and you are sharing custody with the other parent, change is unavoidable. Custody plans are in place to protect your child and give them the best upbringing possible. Therefore, when situations change, it means that the child custody plan may need to change, too.

As a parent who is considering requesting a child custody modification, you may wonder if the effort is necessary, or whether you even have a valid reason for requesting a modification. If you believe that a change in the current child custody plan will benefit your child because of certain changes that have occurred, then it is likely that your reasoning will be valued by the courts. The following are some of the most common reasons why child custody agreements are modified.