Frequently asked questions in Family Law:
- Does Colorado require "grounds" for a divorce?
Answer: No. Colorado is a "no fault" divorce state, meaning that either spouse may file for divorce based only on "irreconcilable differences". Even if the other party does not want the divorce, the law does not require that two people stay married unless they both want to. - My spouse wants me to see a marriage counselor but I don't want to go. I just want out. Am I required to go before I can file for divorce?
Answer: The law does not compel pre-divorce counseling, but it may be a good idea. This is especially true if you have children who still live at home. It is also a good idea to learn what your rights and obligations are, if you were to file for divorce. Hulen & Leutwyler, LLC offers a free 15 minute consultation. - If my spouse and I can't agree on custody, how will that be determined?
Answer: Custody (now called the parenting plan) and visitation (now called parenting time) will be determined by a Judge (no jury), unless the parties reach agreement. Frequently, a child and family investigator (CFI) will be appointed to investigate the issue of parenting and make recommendations to the Court. These recommendations are not binding, but usually carry substantial weight with the Court. The CFI is usually a healthcare professional (psychologist, social worker, etc.) or experienced Family Law attorney who will talk privately with both parents, interview the children (depending upon the age), speak with teachers, pediatrician and others, observe the parties' interaction with the children, make a home visit, etc. in order to determine what is in the best interests of the children. Parents are strongly encouraged to set aside the issues between them and work together to determine a parenting plan that is best for the children but which also considers the rights of both parents. - My spouse and I have separated. The children are grown. I haven't worked outside the home since the children were born. I am scared about how I will support myself. Can you help?
Answer: Yes. Maintenance (called alimony in certain other states) may be available, particularly in a long term marriage where one party has been the primary income earner and the other has been a stay-at-home parent. Several factors must be considered, including the ability of the spouse seeking maintenance to provide for his/her own needs, the ability of the other spouse to pay maintenance and provide for his/her own needs, education, employment experience, and others. Hulen & Leutwyler, LLC can better advise you once they know the specifics of your circumstances. Ask us for a free preliminary maintenance analysis. - How is property divided?
Answer: Colorado is an "equitable distribution" state. This usually means that most marital property is divided equally, but there are occasions when "equitable" means a different division is appropriate. You may have a marital property right even though your name is not on the deed, title, or account. We help you receive all property to which you are entitled. - My spouse and I disagree on many issues but we don't want the expense and delay of going to court. What else may we do?
Answer: Mediation is a great option. Mike Hulen is an experienced family law mediator. His goal is to assist both parties in reaching a reasonable agreement - promptly and inexpensively. Call Mike for a free consultation.
Here are some examples of significant results we have obtained for our clients in family law cases:
- Parenting Plan (custody) favoring our client, over the objection of the other parent;
- Property division granting our client more than 50% ownership of the marital home;
- Maintenance award in far greater amount than offered by other spouse;
- Court Order that parent with anger control issues will have only limited and supervised visitation with children.
- Requirement that other spouse pay part of our client's attorney's fees and costs.
