Denver Divorce Lawyer Frequently Asked Questions

In what ways can a marriage be terminated?

When most people think of a termination of marriage, they think of divorce; although, this is not the only way for a marriage to be terminated.  Other ways are to get an annulment or legal separation.  There are a few key differences between each procedure.

In Denver, the legal term for divorce is the “dissolution of marriage.”  In the case of a divorce, the parties are completely separated for all legal purposes.  They must file separate tax returns, can remarry, etc.  In the case of annulment, the parties do not only terminate their marriage, they essentially pretend it never happened at all.  An annulment is filed only in particular cases, and most couples will not qualify.

Unlike annulment, divorce and legal separation do not require the spouses to meet certain requirements other than the marriage is irretrievably broken; however, in a legal separation, the terms are not permanent.  And though legal separation is not final, most end in divorce.  Ask your Denver divorce lawyer for more information about the difference between these terms and which would be best for you.

Can I get a divorce if I am just tired of being married?

It depends.  Divorce laws in the state of Colorado are “no fault.”  This means that, so long as both parties consent to the dissolution of marriage, they can be divorced.  However, they must prove to the court that the marriage is irretrievably broken.  In other words, both parties must agree upon the grounds for their divorce and these grounds substantially prove that the marriage cannot be repaired.

Given this, the short answer to the question is no.  One cannot file for divorce simply because they do not feel like being married anymore.  However, if both parties agree that their marriage is broken for a specific reason, they can bring the case to court.  A Denver divorce lawyer can assist in having your divorce accepted, especially if both parties agree to the terms.

Recent changes have been made to the divorce laws in Denver.  For more information about how this might effect your case, consult your Denver divorce lawyer.

What if both parties do not agree?  Can we still get divorced?

Though Denver divorce laws are no fault, one can still terminate one’s marital status on the basis of fault.  If a marriage is to be terminated based on the actions of a particular spouse, this case can still be heard.  However, Denver has some regulations against placing blame in divorce court.

For example, when filing for divorce, a Colorado family law court will not allow a spouse to issue evidence of wrongdoing unless is relevant to a particular aspect of the case.  In other words, abuse is relevant to a case on the issue of parenting and the destruction of a marital asset may be relevant on the basis of property division.  A spouse cannot issue evidence of a spouse’s flatulence and claim it as grounds for divorce.  Talk to your Denver divorce lawyer for more information about proving fault.

We didn’t get married in Denver, can we still file for divorce here?

It is possible to get divorced in Denver even if you did not get married in Colorado.  However, in order for the state to have jurisdiction over the case, it is necessary for at least one party to have been a permanent resident for at least 90 days prior to the court proceedings.  Talk to your Denver divorce lawyer to find out if you qualify for a Colorado divorce.

The Role of a Denver Child Custody Lawyer

A Denver child custody lawyer handles all matters relating to child custody.  Child Custody refers to a host of different responsibilities a parent has over a child especially in cases of divorce and legal separation.  Child custody laws determine which parents have what rights and responsibilities regarding their child.  A Denver child custody lawyer will generally assist with two main aspects of child custody in divorced families, which are legal and physical custody.  Legal custody refers to the parent who is in charge of making decisions about the child’s education, healthcare, welfare, etc.  Physical custody refers to the parent who has the right to physically be with the child.

In both legal and physical custody, there can either be one parent who has one and the other does not, or both parents can have shared rights over the child.  Your Denver child custody lawyer will describe this as sole or joint custody.  Sole legal custody means that one parent is in charge of making decisions for the child, while joint custody means that, though they are divorced, both parents work together to reach decisions about the child’s wellbeing.  Physical custody is the same in that there can be a parent with sole physical custody over the child, or the parents can have joint physical custody and arrange who will be with the child at what times.  Part of the job of a Denver child custody lawyer is to help establish physical or legal custody for the parent of a child.

If the parents have both joint physical custody and joint legal custody over the child, this is called shared custody.  Occasionally it is necessary to change the child custody agreements put in place after a divorce.  If something happens which calls for a change in a parent’s custody rights (for example, they move to a place too far for the child to travel, or they are inconsistent or irresponsible with their parental duties), custody rights can be changed in court.  This is where a Denver child custody lawyer comes in.  In rare cases, a parent will lose their rights over a child (i.e. a family may move from joint custody to sole custody).  A parent can also regain custody of their child if he/she proves it is safe and viable to do so.  Naturally, the court will make changes based on what is in the best interest of the child, but a Denver child custody lawyer can help a parent sway the court’s decision.

Regardless of what type of custody arrangements are agreed upon (joint or sole), there will generally be one custodial parent and one non-custodial parent.  The custodial parent is the parent who has the majority of physical and legal rights over the child.  Typically, the child lives with the custodial parent.  The non-custodial parent spends less time with the child.  He/she is the one who, in a joint physical custody family, will see the child at certain scheduled times.  It is rare that the child live with both the custodial parent and non-custodial parent, as they are divorced.

However, child custody does not always occur in divorced families.  In some instances, the parents of the child were never married and decided to separate following the child’s conception or birth.  In this instance, the parents can still agree upon a visitation schedule for the child in court.  Keep in mind that child custody laws in Denver only take effect if the child has lived in Colorado for a certain amount of time.  Consult your Denver child custody lawyer for more information.

Paternity Law Basics

Having a paternity lawyer can help protect a person from being wrongfully claimed as the biological father of a child. There are incidents where men find themselves providing support to children that have not been proven to belong to them. This can be a devastating experience not only emotionally but financially as well. A solid argument can be made that if you are in doubt, you should get a paternity test to ensure that you are in fact the father of the child. This is true, but unfortunately circumstances do not always prevail where a paternity test can be administered before child support is a distributed. For this reason obtaining a denver paternity lawyer is highly advised. 

A paternity lawyer is a very valuable resource for anyone that wants to dispute paternity for any reason. Often, only after the birth of the child, a man can be told that they are the father of the child. Once the child is born, then the father can prove whether or not the child is his. Prior to birth, the mother's word is relied on in regards to paternity. If there is a dispute regarding paternity, once the baby is born, the man can get the assistance of a paternity lawyer. Such a lawyer can be very helpful in protecting the rights of the man. A paternity lawyer can also help to regain child support benefits paid out erroneously, and that were made due to false information. Those individuals in the Denver area that want assistance with their paternity issues should seek out the counsel of a denver paternity lawyer. 

When men want to dispute paternity, it best they do so with the assistance of a paternity lawyer. The best source for information needed to dispute paternity is a knowledgeable paternity lawyer. An official paternity test using either blood or cheek swab will be needed in order to confirm or rule out definitively the paternity of the father. If the mother has sole custody of the child she must be willing to grant access to the child in order for a complete DNA test to be performed. If the mother refuses access to the child a paternity lawyer could go to court and request an injunction making it mandatory for the mother to provide access to the child for DNA testing or suffer action under the law. Thus, a denver paternity lawyer is an asset for anyone that wants to contest paternity in a professional manner. 

Disputing paternity is not new in any manner. With DNA technology making it possible to end all doubts related to paternity matters more men are choosing to confirm paternity for a number of reasons. To ensure that the process is done accurately and professionally a paternity lawyer is recommended. Investing the extra money to confirm paternity is one of the best decisions a person can make. Doing so removes doubt and provides clarification. Those in the Denver area seeking assistance with paternity matters can utilize a denver paternity lawyer.

A Good Denver Family Lawyer Can Make The Difference

You can not underestimate the value of having a trusted family lawyer. These lawyers are like a form of security and as worthwhile to have as a life insurance or any other form of protection. Nonetheless, often, too many people do not engage a trusted family lawyer. When people do need a lawyer they find themselves scrambling to find one through the local phone directory or through recommendations provided by family, friends or coworkers. This can sometimes lead to selecting counsel that is not truly compatible to the needs of the individual. Thus, it is beneficial for families to have a trusted lawyer they can refer to as needed. A denver family lawyer is readily available to assist families with a number of legal needs. 

There are numerous reasons why you and your family would want to have a family lawyer. One of the main reasons is for assistance in legal matters based around familial and home concerns. Such issues as property line disputes, issues with contractors and problems with home services can be handled by a family lawyer if they are not capable of being settled on a one-to-one basis. A lawyer is a resource that can assist a family with a multitude of items from simple paperwork to more serious issues such as medical or criminal problems. A family lawyer that is not trained to handle certain issues can easily refer a family to a lawyer that specializes in the specific areas of the law to ensure that the proper counsel is available. Is it in the best interest for all families to have a denver family lawyer? 

Life can be made a lot easier when you have the assistance of a good Denver family lawyer. A lawyer that can help you in many areas is a great advantage. Once you've chosen a family lawyer, that lawyer will develop a relationship with you and your family. They will get to know your concerns and circumstances. Familiarity does offer a significant amount of assurance for many people when dealing with a lawyer. All too often people can be very wary of obtaining services from a lawyer because they are uncertain what they will be dealing with when seeking counsel from the lawyer. Trust is invaluable, and you will develop that trust when you have a family lawyer that is available when you need them. This establishment of trust makes it possible for a family to feel comfortable seeking services from a particular lawyer. A family lawyer is an asset that can be used by anyone in the family for a variety of legal concerns. 

If you are able, you should take advantage of the great resources that a family lawyer is able to provide. They can provide legal counsel on a variety of topics, and they are valuable to have for any other issues that one may need to resolve. A quality family lawyer is a bonus to many of the other services that a family purchases in order to be fully protected. Locally, a denver family lawyer is available in order to assist people that want or need to have a lawyer readily accessible in their lives.