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Boulder Family Law Blog

Understand what might affect your divorce settlement

Going through a divorce is often emotionally taxing. It can also be mentally draining. During the times when you are facing emotional and mental overexertion, you should be able to count on someone who has your best interests at heart. We can help you to understand your rights and how different decisions might affect you.

We can help you as you work through all aspects of your divorce. From property division to child custody matters, we can help you to understand what you need to know pertaining to your case. There are many factors that can alter the outcome of your divorce settlement, which means that no two divorces are just alike.

What If my spouse cheated while we were married?

Infidelity is just one of the many reasons people choose to get divorced. However, according to Colorado law, infidelity on the part of your spouse will not factor into various aspects of your divorce.

Colorado is a no-fault divorce state. This means that marital misbehavior - such as cheating - has no bearing on the outcome of divorce issues like the division of your marital property and assets.

Some tips for paying for college after divorce

The expenses related to rearing children are complex as it is -- and not always easy to cover in today's economy. If you are going through a divorce or are recently divorced, these issues can be even more difficult to deal with, and paying for college is one of the expenses that can become confusing after the end of a marriage. Here are a couple of tips for dealing with college tuition following divorce.

First, take your time and do your research -- as a family unit if possible. This is one time when it pays to work together, even if you aren't married anymore. Make sure you understand how divorce impacts the completion of financial aid, such as the FAFSA form. Often, college financial aid offices can provide some guidance on filling out forms correctly for a variety of situations.

5 Key Considerations During Divorce

For Colorado couples thinking of or planning for divorce, there are numerous factors that should be considered when protecting property, assets and other personal interests: What will happen to my kids? Who will stay in the family home? What's going to happen to our marital debts? Who do I turn to for help? These are just a few of the questions many people have as they prepare for divorce.

At The Offices of Keane Law, LLC, our attorneys provide clients with the clear, practical answers they need to intelligently protect their personal, professional and financial interests at each step of the divorce process.

What do I need to know about same-sex divorce in Colorado?

Before the U.S. Supreme Court's ruling last year that legalized same-sex marriage across the nation, many states refused to allow such marriages. What often ended up happening was that a same-sex couple would be married in a state that did recognize their union and then moved to a state that didn't. If a divorce was needed, they weren't able to get one in the state they now lived. They would have to return to the state where they were married to file for divorce. Many states require a period of residency before granting a divorce.

When the Defense of Marriage Act was passed, it said that no state had to recognize the marriage of a same-sex couple from another state. States were allowed to choose and this often meant that a same-sex divorce was not possible or would not be enforced. When DOMA was overruled, though, that changed. Now states are required to recognize same-sex marriages from any state.

Custody decisions: The child's input

There are many misconceptions about when a child's wishes regarding custody or living arrangements are taken into consideration. While it is normal for children to have a preference or want a change in the custody arrangement as they get older and the family situation changes, a child's preferences are not automatically given legal standing in the family courts.

Colorado law does allow for the judge to consider the child's preferences related to custody, living arrangements or parenting time. Contrary to popular belief, there is not a set age at which the child's wishes are factored in, however. According to the Colorado guidelines, the child must just be of adequate maturity and be able to express an "independent opinion." This means that the child must not be being influenced in either direction by a parent.

Custody disputes don't have to be about mom vs. dad

When it comes to child custody matters, Colorado, like nearly every other state, emphasizes the importance of putting the best interests of the child first. Whether you are a parent preparing to divorce your spouse or you are unmarried and have children, it's important to consider how the decisions you make when determining custody will affect your children.

What's A Pro-Family Solution?

When attempting to resolve child custody matters, all too often, parents and their attorneys make the mistake of projecting their personal frustrations into the discussion of what's best for the child.

Tax problems can be solved in a divorce situation

Getting a divorce, or making the initial decision to divorce, is usually a fairly simple decision. It may not be easy but it is obvious to you that it needs to happen. It can be an all-encompassing thing that happens in your life. Making decisions during the divorce process is important. There will be actions that you can take to protect yourself against a heavy tax bill.

Asset and debt distribution will be a subject that will need to be addressed, probably more than once. Finding a distribution of property that seems fair to both of you can be daunting without a legal professional who can guide you to good decision making. Colorado law states that you both must be equal in the debt and asset distribution. If you inherited property or had assets before you got married, those are yours to keep. If you made improvements with that money to the family home, the total amount of the home, with the improvements, will be split equally.

Know what to expect when talking with your attorney

Preparing to talk to a family law attorney can be an intimidating and overwhelming process. It's easy to feel like there are so many issues you need to cover and have no idea where to begin. The first meeting is often the most difficult since you are just getting to know your attorney and figuring out of the partnership is a good fit. Here are some issues to be prepared to discuss at your first appointment with a divorce attorney.

Property division is the one issue that applies to all divorces. In cases where the couple doesn't have many high-value assets or are already in agreement about how their property will be divided, it may be a fairly simple process. However, in cases of high-asset divorces or where there was a combination of marital and personal property, it can get much more complicated and require the experience of a family law attorney.

What constitutes a father, in legal terms?

Custody disputes most often involve two parents, but sometimes this is not as clear cut as you would assume. Whenever fathers' right are at issue, it's important to understand first how a father is determined in the state of Colorado. Each state is different but all have guidelines on who is considered the natural father.

In general, when a couple is married, the husband is automatically assumed to be the father of this child for all legal purposes. This is true even if it is known that the child has a different biological father unless the biological father's rights have already been established through the courts. The man in a marriage is assumed to be the father of any children produced within the marriage or who are born within 300 days of the couple's divorce.

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