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Denver Family Law Blog

How can you get custody of your grandchild in Colorado?

If you're the grandparent of a child whose family is divorcing or has other struggles, you may wonder what your custody and visitation rights are. Every state does have different rules that can affect you, so if your family is spread out into different states, you may have to do your research to find out which laws directly apply to your case.

Grandparents generally only get visitation or custody rights when certain conditions are met. The best interests of the child involved are what's most important, and this is highly considered when deciding if a grandparent should get custody or visitation rights to the child. For example, is it good for the emotional health of the child to continue to see his grandparent? What are the wishes of the parents; do they want the grandparents of their child to have custody or visitation rights? If the child is old enough to make such decisions, what does he or she think, and who would he or she rather live with or have visitation with?

You can protect your assets during a divorce in Colorado

If you're a businessperson, then you know that if you go through a divorce, your business assets may be in limbo if the other party wants to divide them. Your premarital assets should always stay with you, and when you're the one who has built up your fortune, you may not like the idea of splitting it up with your soon-to-be ex. Business executives, doctors, dentists, and others have unique challenges during a divorce due to their high assets and business needs.

The matters of support or alimony, property division, and the valuation of your property can all be complex. Your business could be at stake during your divorce proceedings, which is why you need to have someone on your side to represent you as an individual who has assets to protect, not to share. Likewise, if you're the partner of an entrepreneur who doesn't want to give you your fair share, there may be steps you can take to get more out of your divorce.

Your spouse, your house and your rights in a divorce

In a divorce, one spouse is able to keep a house if he or she is able to refinance the home. This is typically true in Colorado and other states. In some cases, this isn't possible, and that means the home must be sold to get both parties separated from that debt. When you have a loan, there are a few options, but protecting the asset -- your home -- is vital. You don't want to undersell, and you certainly don't want to get stuck making payments you can't afford to make on your own.

To secure a loan, the federal government requires that you have a 43 percent debt-to-income ratio. That means that 57 percent of your income must not be tied up in payments for your cellphone bill, monthly rental payments or other bills. As someone getting a divorce, you may think that you can simply apply your child support or alimony toward a mortgage on a new home after selling your old one, but remember, many lenders won't consider that money as income until you've been receiving it for over a year. That means that in the meantime, you'll be stuck without a way to get a new mortgage.

Divorce versus a legal separation and your rights in Colorado

You've probably heard about people being separated and understood that they were no longer seeing each other; however, being legally separated is not the same thing as being divorced in Colorado. In a legal separation, both people are still married. In a divorce, the marriage officially ends.

During a legal separation, you and your spouse will no longer live together. The court will still decide on spousal support, child support and other financial needs. Child custody, visitation and property division is also completed through the court for legal separation. Sometimes, those who legally separate get back together. At that point, the case is typically dismissed from the courts. If the couple decides to divorce, then the information collected during the separation is used to proceed.

How do you value your business in Colorado?

Whether you're ready to sell your Colorado business or you just need to value it for your divorce, it's important to have the valuation done in a fair manner. You want to know how much your business is worth, the potential for future profits, and how much you should expect if you decide to sell.

There are a few different ways to value a business. The market-based approach looks at businesses that are similar to yours to try to define the average price your business would be worth. Not many people like this process because it may undervalue or overvalue the business. For instance, if you have a good business plan and higher income than other businesses in your genre, then you may get a valuation that is well under what your business is really worth.

Responding to a divorce petition in Colorado: What to do

When you receive a divorce or dissolution petition, you must answer it. The petition itself is first filed with the court, and then the divorce petition is served to the other party. Being served simply means you have been legally delivered the paperwork. As the respondent of the paperwork or defendant in the divorce process, you must respond to the petition within the selected time frame. Most of the time, it's 21 days.

Once you respond, you also need to discuss the allegations in the paperwork and make your arguments. If you don't do that within 30 days of receiving the paperwork, you won't be able to argue for what you want or need in issues of child custody or property division -- two areas you likely will want to have a say.

Property and divorce in Colorado: Protect what's yours

You're getting a divorce, but that doesn't mean you really want to lose half of your possessions or half of your monetary assets. In some cases, you may not have been married very long, or you may have brought more into the marriage that your soon-to-be ex. Fortunately, you're able to dispute what is and is not considered marital property, so you can have a better chance of keeping everything that's yours.

You have a number of options to choose from. First, you may need to look into proving what you had prior to marriage via receipts and other information. If you have a high-asset case, making sure you have an accurate valuation of the property involved is vital.

Divorce mediation in Colorado: Saving money and time

Divorce mediation is sometimes used in place of heading to court immediately during a divorce in Colorado. To dissolve your marriage, you have to file a lawsuit, but you don't have to go through litigation if you can work out the divorce without it. Divorce mediation is one thing you can try if you want to avoid litigation.

The goal of divorce mediation is to agree to divorce terms voluntarily. That means that you should be able to create an equitable and mutually acceptable divorce agreement, minimize the amount of hostility between you and your ex and eliminate or minimize post-divorce issues. Divorce mediation also aims to reduce the expense of divorce and the emotional trauma that can take place when the divorce goes through the litigation process.

Struggling with child custody in Colorado?

As a parent, you don't want to make your child go through a divorce. Unfortunately, divorces do happen, and child custody needs to be determined as quickly as possible for the sake of your child.

Child custody cases in Colorado can be complex. You might want to relocate, or your ex may want to spend more time with your children than you'd prefer. Whatever happens, you have a right to see your children, and you will always have the right to defend your visitation or custody needs.

Multi-billionaire heads to court over divorce

This interesting news about a divorce involving a multi-billionaire shows how a prenuptial agreement can be challenged in court. In this case, the wife of a multi-billionaire has claimed that her prenuptial agreement should be thrown out because she signed it under duress. If the request is granted by the courts, she could find herself being the recipient of one of the largest payouts from a divorce in the history of America.

The woman, a 43-year-old, claims that she was forced to sign her prenuptial agreement. She filed in court papers that she and her husband had argued intensely about the prenuptial agreement, and she alleged that he became violent with her since she didn't want to sign. He asked her to go to a psychologist, and she did; that's who she claims convinced her to sign the paperwork.

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Zuber Law P.C.
950 South Cherry Street, Suite 300
Denver, CO 80246

Phone: 303-945-3499
Toll Free: 866-492-3572
Fax: 303-757-2695
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