Arapahoe County Family Law Attorney

Arapahoe County Family Law Lawyer

Family law matters can be especially difficult without a supportive attorney at your side. An Arapahoe County attorney at Kinnett & Cordes, is here to help by ensuring fairness, protecting your and your family’s rights, and providing a solution for conflict through mediation and litigation.

Whether you are facing a complex divorce, navigating child custody arrangements, or seeking protection from domestic violence, the experienced Arapahoe County family law attorneys at our law firm have the knowledge and compassion to support you through this difficult time.

Understanding Family Law in Arapahoe County, Colorado

Understanding family law in Arapahoe County, Colorado can feel overwhelming, especially during challenging times. The following types of cases are considered aspects of family law:

• Divorce
• Legal Separation
• Child Custody and Support
• Prenuptial and Postnuptial Agreements
• Adoption
• Paternity Establishment
• Domestic Violence

Colorado holds several strict policies when it comes to family law, including the following key rules:

• No-Fault Divorce: Colorado is a “no-fault” divorce state. This means that divorcing parties do not need to prove that there was marital misconduct, such as infidelity or cruelty, in the marriage to qualify for a divorce. The focus is on the “irretrievable breakdown” of the marriage, and both spouses may acknowledge that the marriage is over.
• Equitable Distribution: When dividing property and debts during a divorce, Colorado follows an “equitable distribution” rule, which means that assets and debts are divided fairly, not necessarily equally.
• Allocation of Parental Responsibilities: Instead of traditional custody terminology, Colorado uses the term “allocation of parental responsibilities” to determine children’s living arrangements and parents’ decision-making authority.
• Best Interests of the Child: In APR and parenting time matters, Colorado courts prioritize the “best interests of the child.” Factors considered include the child’s relationships with each parent, the child’s adjustment to their home, school, and community, and the physical and mental health of all parties involved. The court typically prioritizes relationships with both parents when it serves the child’s best interests.
• Common Law Marriage: Colorado recognizes common law marriages, which allow for couples who live together and present themselves as married to be considered legally married without a formal ceremony or marriage license.
• Domestic Violence Protections: Colorado has many strong protections for the victims of domestic violence. These include the ability to obtain restraining orders, emergency protection orders, and other legal measures to ensure the safety of victims and their children. In Colorado courts, domestic violence can have a significant impact on APR and parenting time decisions.

Modification and Enforcement of Court Orders

The modification or enforcement of court orders may be necessary when circumstances change after the initial order is made or when one party fails to comply with the terms of the court order. Modification and enforcement are intended to help ensure your rights and interests are protected. If you are noticing a pattern of non-compliance with the terms of your court agreement, be sure to take action swiftly.

• Modification of Orders: When seeking a modification to APR, child support, parenting time orders, and spousal maintenance, the appealing party must show the court substantial evidence of the change of circumstance that affects the child’s welfare.This can include changes in living arrangements and a child’s needs, as well as a parent’s ability to care for a child, income, employment, and health. A motion must be filed with the court for a modification, and the court will review the evidence and adjust the order if warranted.
• Enforcement of Orders: The enforcement of court orders for non-compliance with APR, child support, parenting time, and spousal maintenance can be addressed by the court and even through law enforcement.

It is essential to keep thorough records of all communications, payments, and incidents of non-compliance should you seek a modification or enforcement of a court order in Colorado. This serves as evidence of the violation and should increase your chances of having a modification accepted by the court.

Why a Family Law Attorney Is Helpful

A family law attorney can be valuable in navigating family law in Arapahoe County, Colorado. Due to the state’s many unique policies and ever-changing legal landscape, having the support of a trusted attorney by your side is a welcome relief in a challenging time. Below are key points highlighting their importance:

• Experience and Knowledge of Colorado Family Law: Family law attorneys possess detailed knowledge of Colorado’s family laws, which can be complex and vary significantly from other states. They can provide accurate information and guidance tailored to the specific statutes and regulations of Colorado.
• Navigating the Legal Process: The legal processes involved in family law cases, such as divorce, child custody, and property division, can be intricate and overwhelming. An attorney can navigate these processes efficiently, ensuring all necessary paperwork is correctly filed and deadlines are met.
• Mediation and Alternative Dispute Resolution: Many family law cases in Colorado can be resolved through mediation or other forms of alternative dispute resolution (ADR). A family law attorney can guide you through these processes, helping you reach an amicable settlement without the need for a contentious court battle.
• Court Representation: If a family law case proceeds to court, having an attorney to represent you can be crucial. They can present your case effectively to the judge and jury, advocate on your behalf, and respond to any legal challenges posed by the opposing party.
• Modification and Enforcement of Court Orders: Family law orders, such as those regarding child custody, support, and spousal maintenance, may require modifications as circumstances change. An attorney can help you seek or contest modifications and ensure that existing orders are enforced.
• Help With Colorado’s Unique Statutes: Colorado family law has specific requirements and considerations, such as mandatory parenting classes for divorcing couples with children and unique regulations around common-law marriages. An attorney is familiar with these nuances and requirements.

A family law attorney can provide invaluable assistance by offering trustworthy legal advice, ensuring proper legal procedures are followed, and advocating for your rights and interests in a variety of family law matters.

FAQs

Q: How Much Do Family Law Attorneys Charge in Colorado?

A: The amount of money that family law attorneys charge in Colorado depends on several factors, including their experience level, location, case complexity, firm size, and billing structure. An attorney’s fees may be low if the case is uncontested and straightforward, but they can rise in amount if a case is complicated and requires litigation. Speak with a trusted attorney to get an estimation of the costs related to your specific case.

Q: Can a Family Law Attorney Help Me If I’ve Experienced Domestic Violence?

A: A family law attorney can help you if you’ve experienced domestic violence. They can help protect your safety by obtaining a restraining order and creating a safety plan. An attorney can also represent you in all court hearings and throughout the legal process by gathering evidence that supports your case. They will not only help you understand your legal options but can also connect you with local resources that provide additional support.

Q: What Is Spousal Maintenance in Colorado?

A: Spousal maintenance in Colorado is a court-ordered payment made from one spouse to the other spouse after a divorce. This is awarded to help the lower-earning spouse preserve a living standard that’s close to the one they experienced while married. It can also help them become self-supporting if they haven’t been in the workforce in a long time. There are several eligibility criteria, so it is recommended to speak with a family law attorney to learn more.

Q: What Are the Legitimate Grounds for Divorce in Colorado?

A: Legitimate grounds for divorce in Colorado are an irretrievable breakdown of the marriage. No specific reason for divorce is needed, as Colorado is a no-fault state. This means that the court does not consider reasons or justifications for the marital breakdown. In certain cases, fault may be considered by the court in determining the division of marital assets, but not when it comes to justifications for the divorce at large.

Q: What Does Family Law Consist of?

A: Family law consists of a wide range of legal matters, all involving family relationships. This can include marriage, divorce, legal separation, child custody, child support, adoption, name changes, grandparent rights, domestic violence, emancipation of minors, and more. If you have a specific family law-related question or matter, speak with a trusted local family law attorney to learn your options.

Speak With a Local Arapahoe County Family Law Attorney Today

If you are facing a family law issue, don’t navigate it on your own. At Woody Law Firm, LLC, we understand the emotional strain of legal battles within your own family. In these situations, a family law attorney can provide invaluable guidance. Our firm navigates the complexities of family law with empathy and meticulous attention to detail. We know that case is unique, and we tailor our approach to achieve the ideal outcome for you while adhering to local laws and regulations.

Reach out today to set up a consultation and learn how we can partner together in this challenging and complex time.