Archive for category denver divorce attorney
Who can adopt and adoption procedures
Posted by denverheat in Contract Lawyer, denver divorce attorney, denver immigration attorney, find a denver law firm on August 9th, 2010
Adoption is a huge decision. Because the responsibility of raising a child is so important, courts will usually only let what they deem as a “fit parent” adopt. Some states and international adoption agencies have additional requirements for adoptive parents. They may have rules on where your residency is or your age in relation to the child.
Human culture has insured that it is easier for heterosexual couples to adopt than for single men or gay couples. In addition to looking for a fit parent, states also have an obligation to look out for the best interests of the child. This has many built in biases, so if you want to adopt and you are worried you may not fit the classical adoption idea, you may have to work harder to show the child would be better off with you. Denver family attorneys will be able to tell you what you need to look like a good parent. If you are adopting from the parent and not an agency, you may run into these and some other common biases.
Native American children are a special case that is handled at the federal level according to the Indian Child Welfare Act. Some states give preference to parents of the same race as the child. There are some other unusual adoption laws, like in Florida and Utah where gays are specifically prohibited from adopting. It can still be hard to adopt as a gay or lesbian couple in other states even if the law does not prohibit it. Colorado is fairly liberal in this regard according to Denver family attorneys. It may be easier for gay couples to adopt as a single than as a couple because of states that do not recognize same sex unions.
Single people trying to adopt will have their own difficulties. They are often put at the bottom of waiting lists, while married couples get first choice at healthy infants. A Denver family law attorney would recommend that you do some preparation to show you will be a good parent. You will basically have to defend the fact that you are single and explain what will happen to you in the child in the future. You may have to be flexible about who you want to adopt if you find yourself at the bottom of the adoption waiting list. You could consider adopting a special needs child or going out of the country. Be careful of adopting from other countries because the laws there may be significantly different. Do your research and make sure the agency you are using is legitimate and that the adoption will be considered legal in both countries.
Prenuptial Agreements
Posted by denverheat in Hiring A Lawyer, Uncategorized, denver divorce attorney, denver divorce lawyer, denver family law, mistakes of hiring a lawyer on August 9th, 2010
Improperly constructed Prenups may not be valid
A prenuptial agreement is a contract signed by a couple before they get married. ”Prenups” as they are called, are most commonly used to agree what will happen to the two party’s property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Denver family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Denver family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Denver family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
Most state laws expect married couples to share all property including after a divorce or death. Spouses also have to pay for the other’s debts incurred during marriage and share control of any joint property. If you do not like these rules then your only option is to get a Denver family law attorney to draft a prenup designating how your marriage will work. Probate law recognizes prenuptial agreements more as the wealthy spouse stigma is wearing off. Every state now recognizes this type of contract, but it is a good idea for both parties to have lawyers advise them on the content, otherwise it looks suspicious to the court. However they are much easier to prepare and enforce than a post-nuptial agreement or divorce.
The Child Custody Battle
Posted by denverheat in denver divorce attorney, denver divorce lawyer, denver family law on June 16th, 2010
Results of Divorce
Before going into a child custody battle you need to at least know the differences between different types of custody. The simplest type of custody is physical custody, which means that parent has the right for the child to live with them. Sometimes both parents will be awarded joint-physical custody, especially when the parents live near each other. If the parents live further apart, the parent the child lives with will have physical custody, with the other parent with visitation rights.
Legal custody is slightly different; it refers to the responsibility to care for and bring up a child. Parents with legal custody makes medical decisions, decides where the child will go to school, and what religion they will follow. Joint custody is very common. If you do have joint custody, your ex-spouse can take you to court if you do not allow them to be part of the child’s life. The court can enforce custody agreements, although they cannot fine or imprison you. You can ask your Denver divorce lawyer to argue for single custody, but you will have to convince the court that it is not in the child’s interest to live with the other parent.
Custody for just one parent is called sole custody. If the other parent is incompetent this is how the court is likely to rule. The courts have been trying to encourage participation by the other party in the child’s life by limiting sole custody rulings. The court can award sole physical custody and joint legal custody. The other parent can still visit often in most Denver child custody battles. Unless you really think your spouse is unfit, do not try and get sole custody because it can be hard on the child.
Joint custody is when the parents share both the decisions and the physical location of the children. Parents often decide on a schedule of visitation or shared housing arrangements. Try to agree, because if you cannot, a Denver family lawyer and the court will get involved to decide on the schedule for you. Joint custody is good for children because it allows the children see both parents, and both parents get to influence the child. It can be stressful because the child has to be moved around, and if the parents are not amicable, the child has to be witness to all the bickering. It can be more expensive to maintain two homes children can live in. Your ex-spouse might challenge that you are not paying equally, so keep a record of all expenses.
How to avoid… or if you need a divorce lawyer
Posted by denverheat in Uncategorized, denver divorce attorney, denver divorce lawyer, divorce lawyer on June 15th, 2010
- The Hot-Headed Divorce Attorney
Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basicaly entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.
So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.
When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer’s job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.
In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.
There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.
There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.
Religion and Child Custody
Posted by denverheat in Denver Attorney, denver divorce attorney, denver family law on June 15th, 2010
When religion gets involved in already messy child custody and divorce proceedings, things can really get ugly. Parents may not agree on whose religion the children will be part of. This argument has been exploding into courtrooms because of the increased divorce rates. Because of the complexity and the fact that the federal government does not want to get involved in religion, the local courts often have contradictory rules.
The main problem in cases like these is conflicts between the rights of parents and the interests of children. The courts need to try and not violate the first amendment freedoms to religion without endangering children.
Case law is fragmented, but courts have ruled that one or both parent’s religious activities were not in the best interest of a child. In some cases, the child’s own viewpoint is considered by the court. In one case, a appellate court sent a case back down to the lower court so they could gather evidence on a child’s wishes. Courts will often rule in this way for children over 12 for both religious conflicts and general custody and visitation rights. However, the supreme court has not yet ruled on this issue, so often the law varies from state to state. Some places that have “cult” religions are particularly troubled by this problem. In one example, Denver family law attorneys argued that child custody and religion is something that should never come up in Denver divorce courts. Most states use one of three standards to decide on child custody standards.
One is called the actual substantial harm test, where courts will only curtail first amendment rights if the practice causes harm to the child. States like these also use this standard to restrict other parenting rights. An injury attorney will have a hard time working around this clear statute. Another standard is called the risk of harm standard, and applies earlier – if the religion will likely harm the child in the future. The final type is called no harm required, and is the hardest for Denver child custody arguments because the custodial parent is considered to have free reign over the child regardless of the other parent. The other parent has to then prove that the religion is causing harm to the child. In these states, non-custodial parents are expected to defer to the custodial parent in all matters religious.
Some interesting rulings on child custody include a Washington state case where the court ruled that simply being exposed to two different religions cannot be considered harmful. A Ohio case against Jehovah’s Witnesses ruled that going against community norms and imposing social restrictions is not harmful. However, another case ruled that threats or physical actions to force children to do a particular religion are not lawful.
Important Divorce Forms
Posted by hawkeye11 in Denver Attorney, IRS forms, denver divorce attorney, denver divorce lawyer on March 22nd, 2010
Unfortunately, a divorce is happening more and more these days. When a divorce occurs a family is forced to divide their assets and time with their children. When a family divides their assets, this means all of their finances, property and any other mutual investments. Even in the simplest of cases, when finances are involved this means federal tax obligations must be taken care of. This is why it is important to get a Denver divorce Attorney who understands the tax consequences of different situations of a divorce can bring on. It does not matter how good of a negotiator your attorney is if they do not understand the consequences you will be faced with in taxes.
There are 3 documents you will want to make sure you have been aware of by your attorney. The first form being the IRS 2120 Form which is used if there are multiple people claiming a child a dependent. This form is to help with tax exemption in the event if your spouse also claims the dependant. The second form is the IRS 8857 Form which gives relief to a spouse from their join tax return if their spouse was audited and penalized. It is important to find a Denver divorce attorney that completely understands the innocent spouse relief rules to correctly educate their client through negotiation of the divorce. The last form is the IRS 8379 Injured Spouse claim and Allocation Form. This form is important to the couple that also filed out a joint tax return prior to the divorce. When the prior joint return is filed and the refund is used to pay the other spouse for child support, that individual may be considered the “injured Spouse”. They may fill out the 8379 Form to claim their portion of the tax return.
If you hire an attorney who does not understand how a divorce can affect individual’s taxes, you could miss out on a lot of money. Make sure to hire a Denver divorce attorney who has experience in divorce cases and tax benefits.
What to Bring to Meeting w/ Divorce Attorney
Posted by hawkeye11 in Denver Attorney, denver divorce attorney, denver divorce lawyer, denver law firm on January 17th, 2010
The purpose of an initial consultation is for you to share details about yourself and your marriage with the attorney, who can then give you a better idea about what to expect.
What to bring to the meeting with your Attorney:
Being prepared for a meeting with a Denver divorce attorney will allow you to focus on the questions that matter. In order to make the most of your time, you can bring relevant documents about your family and personal finances:
Finances
- Copies of personal and joint bank statements for every checking and savings account
- Tax returns
- Copies of credit card statements
- Information about investments such as stocks and bonds
- Information about personal debts
- Estimated living expenses
Property
- Copies of real estate deeds
- Mortgage statements
- Car titles, registration information, and loan statements
Personal
- Names, ages, and addresses of children
- Evidence to substantiate a claim (adultery, abuse, etc.)
- Items such as photographs to personalize your story
While this may seem like an overwhelming amount of information to gather and provide, the fact is that the more that you tell the lawyer, the more that the Denver lawyer can tell you.
Providing an overview of your finances, property, and family life can help a Denver lawyer
judge whether the likelihood of possible disputes regarding complicated issues such as child custody or the division of property.
Asking the right questions
In addition to telling a divorce attorney about yourself, the initial consultation also allows you to learn more about the attorney. While the attorney may volunteer information, you may want to arrive at the office prepared to ask some questions. Your specific questions will naturally depend on your situation, but you may want to arrive at the office with certain points in mind:
- How much experience does the Denver law firm have handling divorces in your state?
- What percentage of the lawyer’s practice is devoted to divorces and family law issues?
- How does the lawyer charge fees?
These are some questions to consider. Finally, you may want to ask yourself if you feel comfortable with the lawyer and confident that your best interests will be represented.
Hiring A Denver Divorce Attorney
Posted by hawkeye11 in Denver Attorney, denver divorce attorney, divorce lawyer, divorce process on September 4th, 2009
Written by: Bill Peters , Denver Attorney
Even an amicable divorce may benefit from use of a Denver Divorce Attorney. You hear about couples who have somehow found a way to divvy up the assets, the kids’ visitations, even the pensions in a way that both sides are happy with. Turn in the paperwork and you are done without the sometimes expensive advice of a divorce lawyer.
It may not be that simple. Judges are not always inclined to sign off on every agreement that passes their courtroom, penned by two inexperienced spouses. Although a couple may agree on paper who gets the house, the car, even the toaster, they may find themselves back at the drawing board with regard to a myriad of other divorce issues.
A Denver Divorce Lawyer would be able to help you with the specifics the average person may not realize need to be part of the agreement for it to be cleared by the divorce judge. For example, when it comes to your children, just a handshake about what c hild support will be is not enough. Exactly what will the visitation schedule be, who will pay for the children’s medical care, and what will be each parties’ responsibility when it comes to ongoing educational costs? A judge would want to know, not just how much maintenance will be, but for how long. What happens if the spouse remarries? The list of specifics goes on and on.
The bad news is, if you try it yourself without a Denver Divorce Lawyer, and the judge sends you back to the drawing board, you will have just one more chance to get it right. After that you will have to start the whole divorce process over again. And that means waiting ANOTHER 90 days for the divorce to be finalized. That may be a long wait for two people hoping to move on as quickly and painlessly as possible. Hiring a Denver Divorce Lawyer may have ensured the transition for the entire family was handled as quickly and efficiently as possible.
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