Fort Collins Family Law Blog

When a legal issue arises in your family, the best way you can protect yourself and the ones you love is by consulting a family law attorney who understands how to help you.

Is uncontested divorce a good fit for your needs?

When a couple realizes that their marriage is over, they may look for the quickest, easiest way to achieve divorce and go their separate ways. In many cases, this is far more complicated than the couple may realize, especially if they choose to file for divorce representing themselves.

Filing for divorce pro se, or representing oneself in court, is growing in popularity, especially among couples who seek an uncontested or summary divorce. Uncontested or summary divorce streamlines the process for couples who meet state specific standards that determine that who may file.

Stepparent adoptions: What if the other parent doesn't agree?

It's a beautiful experience to fall in love with your stepchild. In fact, many stepparents are so attached to their stepchildren that they would like to adopt them and become the children's official parent.

In order for this to happen, however, the other biological parent will usually need to agree to the process. In some cases, if the other parent sees the stepparent's love for the child, the stepparent might gain the approval he or she seeks. But what happens if the other parent protests the adoption?

High asset divorces can become complicated quickly

If you and your spouse acquired a lot of assets during your marriage, that could mean your divorce may end up complex and drawn out for a long time. If you don't have a prenuptial agreement on record and can't compromise on terms for an uncontested divorce, the courts will need to handle all of the biggest decisions. Their goal will be a just division of assets. That can lead to a long and contentious divorce process.

Child custody and support are often issues that cause a lot of frustration during divorce. Asset division is another common source of disagreements. It's not rare for spouses with considerable or complex assets to disagree about how to split those possessions up when they divorce. While no one can predict the exact outcome of a divorce case, you can inform yourself about risk factors and likely results.

Be on the lookout for hidden assets in your pending divorce

There are a lot of considerations when you believe divorce is likely for your marriage. For example, you need to consider how the divorce could impact your children, if you have any. If you and your spouse signed a prenuptial agreement, review the contract before you decide to file. You're also going to want to make copies of critical financial documents for your own records. However, it's important to realize that your spouse may also be taking steps to prepare for divorce.

Most of the time, these preparations involve arranging a new place to live or consulting with an attorney. Some people, however, will do things that are both unethical and illegal. Incurring large amounts of new debt, wasting marital assets or attempting to hide assets prior to divorce are all possible, especially in a high asset divorce. The greater the overall value of your marital assets, the more motivation your spouse may have to hide some of them.

Is co-parenting right for your child custody case?

Your children have probably become accustomed to having both parents at home rearing them. When you find out that a divorce is in the cards, you and your ex will need to work together to come up with a child custody agreement that puts your children first. There are many ways that you can set this up, so you need to think carefully about each one before you make a decision.

The days of children only seeing one parent for a few days a month are long gone. Many child custody cases now include parenting time that is split fairly evenly between parents. The co-parenting model of child custody helps to make this happen, but it isn't necessarily the best option for all divorces. Here are some questions to ask yourself before you agree to this parenting style.

New tax law may affect your spousal support negotiation

For years, taxpayers who pay spousal support could obtain significant relief come tax season by claiming support payments as deductions on their tax returns. This deduction served as one of the factors that spouses consider when negotiating fair spousal support terms, but not any longer. With the passage of the new tax law overhaul, congress did away with this deduction altogether and also changed how each party accounts for these payments on one's respective returns.

Those whose divorces did not finalize before the tax law took effect on Jan. 1, 2018, should reconsider the terms of spousal support, even if a mutual agreement currently exists. With the significant alterations these tax law changes bring to balancing spousal support terms, an agreement that was fair to both parties before the changes took effect may no longer be fair.

My ex-spouse took my child to another state: What should I do?

In most Colorado child custody orders, an ex-spouse or the other parent of the child will not have the right to take the child over state lines without express permission from the other parent. This especially relates to a parent's desire to physically relocate to another state with his or her child without the permission of the other parent.

In most cases, courts will view the act of relocating with a child without the other parent's permission to be an act of child abduction. If your ex-spouse has taken your child to another state, you may have the legal right to get your child back.

2 things to consider when you're pondering divorce

The age-old question that every divorce lawyer encounters again and again is, "Am I ready to get a divorce?" Considering that a divorce implies a radical and permanent change to one's life, it's understandable that people deliberate over the choice to end their marriage.

In fact, it can be downright confusing and terrifying to make a decision like this. However, with the right mindset and by considering the right topics, you will know when you're ready. With this in mind, you may want to consider the following two things.

3 ways to help yourself get through divorce

Divorces are painful. Whether it's a short-term aggravation or a heartbreaking loss to you, your divorce has a way of getting under your skin. It's important to know how to handle the end of your marriage while remaining dignified, so you can get through the divorce while taking care of your mind and body.

A hard divorce has the potential to leave you feeling sick, tired and devastated, but with a few self-help tips and techniques, you can get past this difficult stage in your life and tackle your problems head-on. Here are a few ways to deal with the frustration of divorce.

The right advice makes a difference when you're a divorced parent

As a divorced parent in Colorado, it's important that you have the right knowledge to make this situation as comfortable as possible for your child. Children rebound well when they're met with a challenge, but the way you act around your child can make a difference.

When you get a divorce, you may wish that you'd never have to see your ex-spouse again, but that's likely not the case. Since that's true, it's a good idea to start focusing on how you can take care of your child with the other parent's help without fighting or having a breakdown in communication. Here are a few tips to help you get through raising a child as a divorced parent.

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