Whether you are considering divorce, need to resolve matters related to child custody, or are an unmarried parent who is looking to establish parental rights, you probably have many questions about the issues you are facing. At Pesch Law Office PC, we believe in educating our clients about the law and helping them understand their legal options. We will answer any questions that you may have, and we will do everything we can to calm the fears you are experiencing and provide you with reassurance that you can resolve your issues successfully. Some common questions that people may have in family law cases include:
Do I Really Need an Attorney During My Divorce?
In many cases, divorcing spouses are looking to end their marriage quickly while avoiding conflict and minimizing the amount of time they will need to spend in court. While it may seem that resolving divorce-related issues without the assistance of an attorney would save time and money, this can often lead to additional complications that can prolong the divorce process or simply kick the can down the road. When you consult with us, we can explain why you need an attorney during your divorce, and we will make sure you are taking the right steps to resolve divorce-related issues in a way that protects your finances and your children's best interests.
What Are the Grounds for Divorce in Colorado?
Colorado is a "no-fault" divorce state. This means that when a person files a petition for dissolution of marriage, they do not need to give a specific reason why they want to dissolve their marriage. Instead, they will state that the marriage has broken down irretrievably and that it would not be in the best interests of the parties to attempt to repair the relationship. Typically, divorcing spouses will agree that their marriage is irretrievably broken, which will allow the divorce process to proceed. At Pesch Law Office, we discuss with our clients whether participation in counseling will assist to determine whether they can repair their relationship.
Will Assets and Debts Be Divided Equally Between Divorcing Spouses?
Colorado law requires marital property to be divided EQUITABLY between spouses. This standard does not have the same meaning as a 50/50 split. During the process of dividing marital assets and debts, a wide variety of factors will be considered, including the marital property the couple owns together, the property they own separately, any increase in value of separate property during the couple's marriage, the income each spouse earns, and each party's contributions to the marriage. Assistance by an attorney is crucial when determining how to divide marital assets and debts, especially in high net worth divorce cases, which may involve complex assets such as business interests or inheritances and family trusts.
When Is Spousal Support Awarded in a Divorce Case?
In some cases, one spouse may need support from the other spouse to meet their ongoing financial needs until the receiving spouse can be financially self-sufficient. This form of spousal support is known as "spousal maintenance" in Colorado. Divorcing spouses can agree that spousal support will be paid, or a judge may award spousal maintenance after considering many outlined factors such as the income earned by both parties, the marital assets and debts allocated to each spouse, other financial resources available to each spouse, and the parties' reasonable financial needs. If spousal support is appropriate, statutory guidelines are used to start the calculation for the amount of payments and the duration of time they will be paid.
What Is a Parenting Plan?
When addressing child custody issues, divorcing or unmarried parents are required to create a legal agreement that details how parental responsibilities will be allocated. This is known as a "parenting plan," and it will specify how the parents will share the responsibility of making decisions for their children. It will also include a schedule for each parent's parenting time, including on a regular, daily basis and on vacations and holidays. It will also address any other relevant issues regarding co-parenting. Parents can work together to negotiate a parenting plan, or if they cannot agree, the Court will be asked to make decisions about child-related matters.
Contact Our Family Law Attorney Serving Littleton
The team at Pesch Law Office PC can answer any additional questions you may have, and we will help you understand the best ways to resolve your legal issues. To arrange a consultation and learn more about the legal help we can provide during your case, contact our office. We assist with family law matters in Douglas County, Boulder County, Littleton, Weld County, Arapahoe County, Golden, Jefferson County, Columbine, Highlands Ranch, Boulder, Denver, Broomfield County, and other communities throughout the Denver metro area.