
Property Division
Most divorce cases require a division of marital property between husband and wife. Issues often arise in determining the value of an asset, as well as the best method in which to effectuate a division. Whether simple or complex, property divisions are crucial to each party’s financial future. For decades, our firm has helped clients protect their rights and obtain equitable property results.
Child Support
The amount of child support required of parents also depends upon a variety of factors, including available income, daycare expenses, medical and health insurance costs, and the details of the parenting schedule. Once this information is established, child support guidelines are used to calculate support payments that meet the reasonable needs of the minor children.
Maintenance / Alimony
Spousal support during and after the divorce process is often referred to as “alimony”, but in Colorado is known as maintenance. Attorneys, mediators, and judges evaluate individual cases to determine whether maintenance is appropriate; if so, issues frequently arise regarding the amount and duration of maintenance payments. Colorado law requires the consideration of a broad range of factors in making a maintenance determination; our attorneys work closely with clients in advancing their rights and protecting their financial security.
Relocation
Relocation of children out of Colorado is a difficult, but common, problem for families during and after divorce. Such a move, and its impact upon parenting rights and responsibilities, requires judicial approval. Understanding Colorado law as it relates to relocation is an important service this firm provides in divorce cases.
Paternity
Our firm has extensive experience in those proceedings required to determine the parentage of children born out of wedlock. Such cases may be initiated by a mother to establish the father’s responsibilities, including payment of child support and medical expenses incurred on behalf of the child. Attorneys in our firm also represent fathers seeking to establish their rights to parent, in order to participate in those decisions, events and celebrations that occur throughout childhood.
Step Parent Adoption
We represent parents and step parents in adoption matters. This representation includes helping parties establish legal rights as a step-parent or, alternatively, defending a natural parent who objects and wishes to contest the termination of their parental rights.
Grandparent Visitation Rights and Custody
Many grandparents have extensive involvement in raising and caring for their grandchildren. If a prior court action involving the parents of the grandchildren exists or, existed at one time (such as a divorce or paternity action) a qualifying grandparent may request visitation with their grandchild or grandchildren. Additionally, a grandparent make seek full allocation of parental responsibilities for a grandchild if that child has been in the care of that grandparent for a period of six months or more or if that grandchild is not in the physical care of his parents.
Enforcement/Contempt of Court
When a party does not follow a court order or Separation Agreement, enforcement of the order can be accomplished by several means. One way in which parties may enforce an order is through an action for contempt of court. Our firm frequently brings and defends actions for contempt of court, as well as other actions for enforcement of orders.
In addition, we assist in either enforcing or contesting enforcement of Prenuptial Agreements.
Common Law Marriage
Many people are under the impression that they are common law married solely because they lived with their significant other for a certain time period. The legal definition of common law marriage is more complex than mere cohabitation; instead, it addresses a number of factors necessary to establish a man and woman’s intent to be married. Our firm has handled numerous cases proving the existence or non-existence of a common law marriage in order to protect the rights of our clients.
Appeal
After a case has concluded, an appeal can be taken for either legal or factual errors committed by the trial court. Our firm can help you review your case and advise you as to the complexities of the appellate process. Whether you are the party who wishes to appeal or the party defending against an appeal, our firm has considerable experience before the Colorado Court of Appeals and the Colorado Supreme Court.
Legal Separation
A legal separation procedurally is very similar to dissolution of marriage, or divorce. The primary difference is that upon conclusion of a divorce, the parties are once again single individuals free to remarry. In contrast, after a legal separation, although their rights and obligations are determined by agreement or court order, the parties remain married.
Modification – After Divorce
Well after the conclusion of a divorce case, circumstances may change affecting prior agreements and orders relating to parental responsibilities, parenting time, child support and maintenance. It often is advisable to seek modification of court orders to ensure that these new circumstances are properly – and legally – recognized. Attorneys at our firm not only represent parties during the divorce process, but also in the years that follow in order to serve our clients and children.
Copyright ©2005 Polidori, Franklin & Monahan, L.L.C. All Rights Reserved.