Common Questions about Family Law
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Since 2004, Wright Family Law has helped many clients by providing them with helpful information about their family’s legal concerns. Centennial family law attorney Jamie Wright offers in-depth knowledge and insights that can help you better understand your situation and make the choices that will move you closer to your goals. Call our firm today to schedule your initial consultation and get started with planning your case.
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Below you will find some answers to questions our clients often ask. Colorado laws surrounding divorce, child support, and other family law matters can be complicated and confusing. With our team on your side, you will have a better understanding of your available legal options. We invite you to learn more by calling us today.
If I want a divorce but my spouse does not, will it hurt my outcome?
No. As a “no-fault” state, Colorado does not take into account misconduct of the married parties when determining how to split up property and award spousal support. However, if your spouse claims the marriage is not “irretrievably broken,” you may be required to attend counseling before the court will determine whether or not the divorce request is valid.
Are there any benefits to legally separating from my spouse?
A legal separation in Colorado is very similar to a divorce. These proceedings can allow couples to divide up property, make arrangements for child custody (known as parental responsibility in Colorado), and even award alimony payments (spousal support) during that time. One advantage of separation is that you will not have to file taxes separately. You could also still be eligible for insurance in some cases.
Do I need an attorney for my divorce?
It can’t hurt to hire an attorney, even if only to go over your situation. If you and your spouse have already worked out how you will split up your belongings and parental responsibility, you may be able to fill out all necessary forms on your own. However, an experienced Centennial family law attorney like the one at Wright Family Law can help you avoid making common mistakes. In many cases, hiring an attorney can save you time and money that might be spent repairing issues that could have been prevented early on.
What are the benefits of mediation?
Mediation is a great way to avoid some of the common conflicts that occur during typical divorce litigation. If you and your spouse are able to communicate with each other, mediation allows you to come to agreements without going to court. You can communicate with the mediator—either directly or through your attorney—and make binding decisions about your future. Any issues that cannot be mediated can still be taken to court.
How does Colorado calculate child support?
The simplest explanation is that the incomes of both parents are added together, then divided by the amount of time the child spends with either parent. However, it can be more complicated, so it is a good idea to first speak with an experienced Centennial family law attorney about what the correct amount should be.
I want full custody of my children. What should I do?
In Colorado, courts are most likely to find a way to split up parenting time as equally as possible. This is in an effort to help the child feel stable and healthy. However, sole custody is sometimes granted in cases where one parent lives out of state, there is danger of domestic violence, or the child declares their wish to live with one parent. You should speak with an attorney about how to proceed with your custody case.
How much alimony am I entitled to following my divorce?
There is no set metric for this number. The truth is every marriage is different and will have different amounts for spousal support. If your marriage lasted decades, you will probably be entitled to more spousal support than if your marriage only lasted two years. Find out more by reading our spousal support page.