Douglas County Family Law Attorney

Douglas County Family Law Attorney

Family law can be challenging and emotional. At Kinnett & Cordes, our attorneys are committed to providing passionate and comprehensive legal support, whether you’re dealing with divorce, child custody, spousal support, or any other family law matters.

Family Law Legal Advice in Douglas County

Family law is a part of the legal system focused on handling issues related to family relationships and domestic matters. These matters can be both contentious or not and can involve negotiations, mediation, and potential litigation to come to resolutions that protect the rights and responsibilities of all parties involved. Getting quality legal advice from a trusted Douglas County family law attorney is a wise decision and can help the outcome of your case.

In Colorado, family law is governed by state statutes, case law, and local court rules.

Divorce

Divorce is the legal action taken to end a marriage. Since Colorado is a “no-fault” divorce state, neither you nor your spouse must prove fault or wrongdoing to get divorced. The only requirement for divorce recognized by Colorado courts is that the marriage is irretrievably broken with no chance of reconciliation.

Mediation

Many couples can find a resolution through mediation. During mediation, your attorney will facilitate constructive communication between you and your spouse on issues such as property division, child custody, parenting time, child support, and potential spousal support/maintenance. The goal of divorce mediation is to reduce conflicts, save time and money, and empower the spouses to make decisions that will suit their unique circumstances.

Prenuptial/Postnuptial Agreements

A prenuptial agreement, commonly called a prenup, is created before marriage, and a postnuptial agreement comes after the marriage. The goal of a marital agreement is to protect and establish the rights of the individuals, and it is not only for people with high assets. People may consider a marital agreement if:

• They own a business
• One spouse has high debts
• A spouse has property or other financial assets that they want to be kept separate from marital property or assets
• They want to protect their children and other beneficiaries’ rights upon their death

Creating a marital agreement in Douglas County can help streamline a potential future divorce process by deciding on issues such as:

• How your marital assets will be divided
• How separate property will be maintained
• How to divide debts like credit cards or loans
• How to divide retirement benefits
• How to divide marital property
• Which spouse will assume tax liability for certain assets
• Whether or not a spouse will remain a beneficiary on life insurance policies
• Which spouse will have to pay or receive spousal support/maintenance, and the terms of the plan

Your marital agreement must include fair terms and full financial disclosures, follow the law, and be written and signed in order to be enforceable. It is important to keep in mind that child custody and support issues cannot be included in marital agreements.

Ending a Domestic Partnership or Civil Union

Ending a civil union follows the same general process as a divorce and can be filed either jointly or separately. Couples who are choosing to end their civil union must address spousal support, child support, and custody issues, which can be resolved through mediation or litigation.

Domestic partnerships are less legally binding than civil unions or marriages and do not require state registration. This can lead to complications if the partnership ends without being properly registered. A Termination of Domestic Partnership form must be filed, either jointly or by one partner, who must then provide evidence of having attempted to notify the other partner of the termination to dissolve the relationship.

Spousal Support/Maintenance

If one spouse earns much more income than the other, or if one manages the household without outside income, the lower-earning spouse may be eligible for spousal support. This support provides financial assistance to compensate for their contribution to the home and ensure they have financial stability after the divorce is finalized.

Other factors that go into calculating potential spousal support are the length of the marriage, future earning capacities of the spouses, age, physical and emotional conditions of both parties, and whether the spouse seeking the support will be receiving child support or property from the divorce proceedings.

Child Custody and Support

Child custody decisions will always focus on what is in the child’s best interests. The arrangements typically fall into two main categories: physical and legal custody. Physical custody is the day-to-day care and guardianship of the child, while legal custody is the authority to make important decisions regarding the child’s upbringing, such as education, healthcare, and religious upbringing.

In many cases involving divorced or separated parents, physical and legal custody agreements are granted to both parents, but the court may rule on partial custody, full custody, parenting time, or withdraw parental rights in both physical and legal custody categories.

If one parent is granted more physical custody than the other, child support is often paid by the other parent. Financial support ensures that both parents contribute equally to their child’s upbringing. Child support can also be arranged in shared custody situations if one parent has a significantly higher income than the other.

Parenting Time

Parenting time, also called visitation, is the time each parent spends with their child. The court system encourages parents to create a parenting plan together. If they cannot agree, the court may intervene and establish a plan based on the child’s best interests based on factors such as:

• Existing relationship with each parent
• Each parent’s ability to provide for the child’s needs
• The child’s adjustment to their home, school, and community
• Mental and physical health of each parent and child
• Any history of domestic violence or substance abuse

The court wants both parents to maintain a meaningful relationship with their child unless it is determined to be detrimental to the child’s well-being.

Property Division

Dividing property between you and your spouse can be one of the most difficult parts of the divorce process. All of your marital assets will be assessed and divided equally or in accordance with any marital agreement you may have.

The courts aim to divide your marital property equitably and weigh factors such as the financial circumstances of you and your spouse, contributions you have made to the marriage, the length of your marriage, the value of each spouse’s separate property, and any economic misconduct that happened. Equitable does not always mean a 50/50 split. It means fair division based on the circumstances of your situation.

High Net Worth Divorce

If you and your spouse have significant assets, own real estate or a business, investment portfolios, intellectual property, or even high retirement accounts, your divorce may become more difficult, and it can become even more important to have an attorney representing you. The process of dividing these high-value assets can be contentious and often requires detailed financial analysis and professional evaluations.

Non-Parental Rights

Grandparents and stepparents may be eligible to claim guardianship rights over children during or after a divorce, although it is less common than parental rights. These guardianship claims can come up in situations where the child’s well-being is at stake, such as if the biological parents are unable to provide adequate care due to illness, incapacity, or even legal problems. Sometimes, grandparents or stepparents may seek guardianship to ensure the child remains in a stable and supportive environment.

Limited-Scope Representation

Besides conventional representation, Kinnett & Cordes provides limited representation services for clients who might decide to handle aspects of their case independently but could use some legal services specific to their needs without a continuous attorney-client relationship. Services include:

• Consultations and legal advice
• Official document and settlement agreement drafting
• Review of pre-prepared documents
• Attorney presence at settlement conferences and/or mediation
• Court representation

How Our Experienced Douglas County Family Law Attorneys Can Help

Our experienced family law attorneys offer a range of services that can support you during this often difficult and challenging time. At Kinnett & Cordes, we can assist with:

• Bringing knowledge and experience to your case through our understanding of the statutes, case law, and procedural rules of family law matters.
• Developing a tailored legal strategy based on what you want and the specifics of your case.
• Preparing and filing all necessary legal documents that are compliant with court requirements and deadlines.
• Making rational decisions rather than decisions driven by emotions.
• Connecting you with other professionals to support you through the emotional and practical challenges of your case.
• Ensuring your rights and interests are protected.
• Reducing the burden of stress on you during the legal process.
• Representing and providing support to you during court hearings, negotiations, and mediation sessions.
• Assisting you with the enforcement of court orders and helping you with modification requests and appeals.

Our team of Douglas County family lawyers at Kinnett & Cordes, exclusively practices family law and mediation. With many years of experience, we understand the importance of protecting and preserving your family’s well-being. No matter what challenges your family is experiencing; we are here to provide support and guide you through the legal complications that may arise.

Due to our exclusive focus on family law, we can offer high-quality legal counsel to you and your loved ones. As highly trained and skilled attorneys, we can provide you with a greater chance of success in your Douglas County family law case.

Contact Kinnett & Cordes

Our team at Kinnett & Cordes has years of experience finding solutions that benefit the families of our clients. We are dedicated to exploring all the avenues together with our client to arrive at an arrangement that is most suitable for their unique case so they can move forward in a positive direction with their lives. Contact us today for a consultation.