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A divorce is a very stressful, emotional, and critical period of your life. Life changing decisions will be made regarding your children, your assets, your home, your property, and your retirement. We are here to answer any question. We will be with you through the difficult and sometimes overwhelming process of resolving your family law issue.
When facing a divorce, we will make sure you understand your rights and will fight to obtain the best outcome in your case.
In a divorce, Colorado has very broad disclosure requirements regarding assets, property, and debts of both parties. However, after a thorough disclosure process, if we suspect that the other party has not disclosed all assets, we will take every legal and investigatory step to locate them. After all assets and debts (including real estate, investments, personal property, bank accounts, life insurance, credit cards, automobiles, etc.) have been disclosed, we will work with you to divide those in your best interests.
Whether you are establishing a parenting schedule for the first time or are returning to court to modify such a schedule, Colorado requires that the Court make decisions in the best interests of the children, with the exception of endangerment or imminent harm. The best interests of children are often very subjective, and open to interpretation by the parties and other professionals who may be involved. We will work with you to formulate a parenting plan that protects your parental rights and keeps your children safe, healthy and happy.
In divorce, legal separation, paternity, or allocation of parental responsibilities, child support will be determined by the Court. That determination is generally based upon child support worksheets which take into account income, overnight parenting time, health insurance, day care expenses, and other extraordinary factors. We will guide you through the income disclosure process required when modifying child support. We will outline and discuss your child support rights and obligations under Colorado law so that we can decide the best course of action to take.
Like child support, spousal maintenance is based upon a calculation that takes into account both parties’ income and the length of the marriage. Until recently, the Court used this formula only in determining temporary maintenance at the until permanent orders were in place. However, a change in the law in 2014 now requires the Court to apply the same formula to temporary and permanent maintenance orders. The Court will use this calculation as an initial guideline, but may deviate from the guideline based upon the specific facts of your case. If deviation is appropriate, it would be based on the statutory factors regarding your standard of living that we will present with your assistance.
In family law cases, unfortunately it is not uncommon for a party to ignore a court’s order regarding parenting time, child support, or property division. In such a situation, clarity in court orders and separation agreements is of the utmost importance. The attorneys at Peak Legal LLC are experienced and well versed in crafting clear and concise orders and agreements to remove ambiguity. In the event a party is not following an order, we are prepared to utilize any and all methods of enforcing the order, including contempt, filing for a judgment, or filing to enforce parenting time.
The U.S. Supreme Court has held that a parent’s right to raise his or her child is a liberty interest protected by the U.S. Constitution. Yet every day, county human services agencies, based on what are often anonymous allegations and cursory investigations, remove children from their parents. We fight to reunite your family and protect your constitutional rights.
Dependency and neglect cases are initiated under the Colorado Children’s Code, a series of laws enacted to protect children’s safety and best interests and to rehabilitate rather than punish parents. However, the laws within the code (and related domestic relations and criminal laws in Title 14 and Title 18 of the Colorado statutes) can expose parents to temporary or permanent loss of their children. Working with social services bureaucracy can be frustrating and confusing for parents. We know how to negotiate the social services system and challenge them in court, when necessary, in order to protect parents’ rights and reunify parents with their families.