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Denver Family Law Blog

How do courts determine which parent is the primary caretaker?

The parent who served as primary caretaker of a particular child is the parent whom courts will favor when resolving a child custody disagreement. Determining which parent was the primary caretaker, however, could be subject to different opinions.

One parent might argue that he or she made lunches and dinners for the children, while the other parent argues that he or she drove the children to school, bathed them and tucked them in at night after reading them bedtime stories. In some cases, the parents may have split the child-rearing duties 50-50, while in other cases one parent clearly took care of all the child-raising duties.

2 common options for splitting up your home value in a divorce

If you and your spouse own a home together -- as many spouses do in Colorado -- your divorce is immediately more complicated. You and your soon-to-be ex, for example, will need to make a decision about whether one of you will keep the property or if you'll sell it and divide the proceeds. You'll also need to determine how much of the home equity value both of you are entitled to.

Among the many solutions available to spouses who need to divide a residence in divorce, here are two of the most common options:

Do you need to change your child support orders?

Have you ever made a promise or agreement that you later came to regret? Or, perhaps the agreement served a useful purpose in the past, but now your circumstances have changed so dramatically that the agreement is more of a hindrance than a help.

When it comes to child support agreements, this kind of circumstance happens all the time. It could be that the child support paying parent suffers a temporary job loss. Or, perhaps the needs of the child change and the receiving parent requires more money to make financial ends meet. Fortunately, if you need to change your child support decree -- and you have a viable reason for such a change -- you can pursue a child support modification in court.

Don't forget about your post-divorce financial planning

Finalizing your divorce will be a great relief. No matter what your situation, divorce isn't going to be easy, as you'll need to make difficult and emotionally-fraught decisions during the process.

However, it's important to remember that even after you've inked the final divorce settlement, you'll still have more work that needs to be done — especially in terms of managing your post-divorce finances.

Therapists don't always know how to help a divorcing client

Therapists hold the hands of their clients through divorces all the time. In fact, many people start going to see a therapist because they want to get a divorce and they need to feel validated that it's okay to move ahead and file their divorce papers. But how much do therapists know about the divorce process?

In many cases, therapists have never been through a divorce themselves, and although they can help their clients deal with the emotional aspects of divorce, they might not be able to help their clients with anything else. More importantly, they might not understand the psychological and emotional toll that the various stages of the divorce process could play on their clients.

Will you get more custody with more money?

Losing time with your child is difficult, particularly if you think it's unfair. As a lesser-earning parent, you may think you're fighting an uphill battle. You don't have as many assets to back you while you're divorcing, and you think that will hurt you while you try to seek custody.

The reality is that money makes life easier, but it doesn't necessarily make a person a better parent or a better choice for primary custody. Many times, it's the person who makes more money who has less time to raise a child despite having more financial stability. It does create one question, though, and that is whether the wealthier parent deserves custody.

4 common reasons for divorce in Colorado

Divorce lawyers in Colorado see the same reasons for divorce cited by their clients again and again. Although every divorce case has its unique story and complexity, and you can never boil things down to a single reason, here are four of the most common reasons why people decide to end their marriages:

  1. Infidelity
  2. Incompatibility
  3. Substance abuse
  4. Growing apart

Reason #1: Infidelity

Will my spouse get part of my Vail ski lodge in our divorce?

Imagine you own a ski lodge in Vail that you've enjoyed for years. It was the first luxury real estate purchase of your life. You bought it and paid it off well before you got married. Now, after 10 years of marriage, will you be able to keep the property after your divorce, or will your spouse get to take part of it?

The answer to this question depends on a variety of circumstances that pertain to your situation. By reviewing the following example scenarios, you might be able to determine if you'll get to keep the property or not.

Is it time for a divorce? Only you know the answer

There may come a time during your marriage when you begin to wonder if things are going to work out over the long run. In other words, you begin to think about divorce and how it could change your life for the better.

Many people think about divorce, but some decline to take action for one reason or another. Since this is one of the biggest decisions you'll ever make, you need to be 100 percent sure about whether it makes sense to file for a divorce.

Is my prenuptial agreement still valid?

When spouses realize that it is time to file for divorce, it may seem like a blessing that they chose to create a prenuptial agreement, if they have one. However, simply having a prenuptial agreement in place does not guarantee that a judge will honor it, depending on the nature of the terms in the agreement and the way the spouses created it.

If the agreement is not well-constructed or includes terms that the law does not support or allow, the agreement itself may not withstand scrutiny. It could actually complicate your divorce rather than simply it. If you have concerns about your own prenuptial agreement and its ability to remain valid throughout the divorce process, it is important to carefully review the document and look for any mistakes or provisions that may cause trouble. An experienced attorney can offer professional guidance during this process, and help you understand the strongest options you have to protect your rights and priorities in the divorce process.

McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
Denver Family Law Office

Aspen Office
215 South Monarch Street
Aspen, CO 81611

Toll Free: 800-574-3771
Phone: 970-920-7878
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