All posts tagged Divorce

How Do Remarriage and Having More Children Affect a Child Support Order?

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a couple fighting while their son is sadColorado law is direct when it comes to child support orders. The Law Office of Gordon N. Shayne, based in Colorado Springs, says that determining this type of support comes after the finalization of a child custody agreement or a parenting plan. After finalizing the child support amount, the law allows an Income Wage Assignment to streamline the monthly payments.

But what happens when remarriage and more children enter the picture?

How Does Remarriage of Either Parent Affect Child Support?

In Colorado, it doesn’t matter whether you or your ex-spouse gets married again. State law says that remarriage of either the custodial or non-custodial parent isn’t a reason to modify a child support order. On a related note, judges do not include a new spouse’s wealth or income in child support decisions.

Remarriage does not affect child support unless the new spouse regularly gives the custodial or non-custodial parent money just for spending. In this rare case, the money may count as income. The child support order remains status quo, however, when the new spouse only provides money for basic necessities and household expenses.

How Does Having More Children Affect Child Support?

Colorado law says that having more children, by birth or adoption, does not affect a child support order. The court won’t grant your request to lower financial obligations to an existing child if you have more children after the settlement. A judge will consider an existing child support award, though, to ensure that the parent’s income meets all child support obligations.

Under Which Circumstances Does Child Support End?

Colorado’s child support law obliges you to provide financial support for your children until they are 19 years old. However, it may end if your ex-spouse remarries and their spouse legally adopts your children. If the kids are under 18 years old, the Children’s Code states that they are legally available for adoption. Only then can you consult a lawyer for changes in the child support order.

During Divorce: 4 Things You Should Never Do

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Couple on a divorce

Couple on a divorceWhile divorce is an emotionally-charged process, it should be treated as a business transaction. This is especially true if you want the proceeding to go as smoothly as possible. When you know how to keep your cool, you are more likely to make sound decisions or get a favorable settlement.

It also pays to know the things you shouldn’t be doing during the proceedings. Apart from avoiding having unrealistic expectations and trying to hide money, Long Island family law attorneys share the other things you shouldn’t do.

Compare Divorces

No two divorces are alike, so you shouldn’t compare yours to a sibling’s or a friend’s. Every case is unique and you should note that divorce laws are different in each state. If you want to get the best possible outcome, see an experienced divorce attorney.

Serving Your Spouse in Public

If you’re looking to get even with your spouse, do note that serving them in public is most likely to backfire. There is a big possibility that your spouse will not cooperate or negotiate because of a surprised filing that may have been an embarrassment. It’s best to try to talk to your spouse first.

Sweating the Small Stuff

Fighting over little things can only encourage more hatred and hostility. If you hate your spouse, be sure to carefully consider if taking over that kitchen spatula (or any other irreplaceable thing) can make you feel happy or good. Do note that it is better to focus your energy on more important things like keeping the house or getting the custody of the kids.

Ruling Out Mediation

If you think that you and your spouse can communicate without fighting and reach an agreement, divorce mediation is worth considering. Many law firms offer mediation to help both parties settle the issues surrounding their divorce. This option is ideal for those who are fully aware of their financial situation.

Keep your divorce from getting ugly with these tips. Be sure to work with an experienced family attorney to protect your rights and help you get a reasonable settlement.

Hiring a Divorce Lawyer: 3 Must-Ask Questions

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Hands of husband and wife on a table

Hands of husband and wife on a tableEvery couple dreams that once they get married, they will live happily ever after. However, due to some pressures of life and irreconcilable differences, sometimes divorce is inevitable. When this happens, you will want to have the right lawyer by your side. But, how do you get the right divorce lawyer? lists some guide questions that will help you get the best lawyer to represent you.

How long have you been practising family law?

This is a double-edged question. First, it will help you determine the period the prospective lawyer has been active in practice. Then, there is a question of specialisation. You need to get a lawyer who has dedicated a significant amount of his or her practice dealing with divorce cases. This is someone who is going to have a deeper understanding of your situation.

What is your style? Litigation or mediation?

This question will help you understand if the lawyer is right for your case. Litigators love to win. They are fighters, and many will zealously defend their clients. However, not all circumstances warrant such kind of lawyers. Court processes cost money and sometimes can be more painful and emotionally draining than other methods. So, strive to find a lawyer who will try all different avenues to resolve your case. This way, you will likely solve your case amicably without many financial and emotional tolls.

How do you charge?

Most lawyers charge on an hourly basis. This is also the perfect time to ask how much they expect as a retainer. Also, seek to know whether they will charge for all the phone calls and emails. Ask whether there are other additional costs to be expected and the estimate thereof. This information will help you know if there are ways you can keep the bills down as well as help make the necessary financial arrangements.

Most divorce lawyers will offer a free initial consultation, which can work to your advantage. Make the most of this time by asking the right questions to help you make an informed decision.

The Preparations You Need to Make Prior to Filing for Divorce

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Girl contemplating divorceDivorce is almost always an extremely difficult time for everyone involved – the couple, their children, other family members, and even friends. There are many cases though, wherein dissolving a marriage is already the best move, however sad and unfortunate it sounds.

Every state has its laws and regulations regarding this matter, and in Colorado, anyone who wants to file for marriage dissolution has to meet certain requirements first. For instance, as a resident of Boulder, you have to file with the correct local court, which is the 20th Judicial District / Boulder County. An attorney specializing in family law can help make the process smoother and less taxing for you.

The legal grounds for divorce in CO

The Centennial State is a no-fault state. In other words, you don’t necessarily have to prove spousal misconduct, such as neglect or adultery so that you can file divorce. The only legal ground for divorce here is having a marriage that has ultimately broken.

Note, however, that spousal misconduct can affect certain aspects of the divorce though, such as parental responsibilities, marital property division, and alimony. As such, it’s best that you also gather the necessary documents if you’d have to prove any of these.

Preparing yourself for the potential outcome

In most cases, a divorce can change the lives of the people involved, particularly in financial terms. Whether or not you have children, this is one of the most important things you have to prepare yourself for. The courts may or may not grant alimony (the monetary support that a spouse found to have committed the marital misconduct gives to the other spouse), so prepare for the worst-case scenario.

The bottom line is, you don’t have to feel scared or alone when seeking a divorce. A legal professional can guide you throughout and even after the proceedings, providing you with both legal and emotional support that every person going through divorce needs.

Stop Right There: Don’t Compare Your Divorce to Others

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A couple going through a divorceIf you’re going through a divorce, it’s likely that friends and family members will have a say in it. Some will tell you what to do, while others will give you an affirmation, noting that they know exactly what you’re going through. This may cause you to compare your divorce to others or even follow what a fellow divorcee tells you to do so.

It’s bad enough to get advice from friends and family members unless this is what they do professionally. It’s even worse to compare your divorce to a friend’s, a cousin’s, or a neighbor’s. Note that no two divorces are alike. Every case is unique and you should also remember that divorce laws are different in every state.

Why Couples Agree

Keep in mind that divorce cases are complicated and there are many reasons couples agree on a specific settlement. Divorce lawyers in Albuquerque note that there are a number of factors that come into play, such as how willing both spouses are to communicate or compromise, the reason for divorce, the age of the kids, the assets at stake, and even their emotions during the process.

Learn More about the Process

Instead of comparing, it is best to educate yourself about the process and know more about the divorce laws in your state. You should also get an experienced attorney specializing in divorce cases. Hiring just any lawyer you know is never advisable, as this can backfire. You need someone who is skilled in family law to make sure that your rights are protected.

Understand Before Agreeing

Divorce can be a long and stressful process. Even if you’re anxious to finish the whole process, don’t settle for anything less. Don’t sign any document that you don’t understand. Take your time in determining you really want or what are worth fighting for before agreeing to any settlement. Read and understand what the other party is asking and ask your lawyer for advice.

You may run the risk of making the process more expensive and time-consuming if you always compare your divorce to others. Look at your marriage dissolution as an individual case and rule out any advice that is not given by your lawyer.

3 Ways to Prepare Emotionally Before Talking to Your Divorce Lawyer

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Couple Talking To A Divorce LawyerBased on figures, there were only 21,483 divorces filed in Colorado in 2013, which marked the lowest in a decade since 2004. While this might sound new to you, there are still many couples who choose to part ways. If you’re planning to divorce your partner or talk to a divorce lawyer, you need to prepare yourself emotionally.

Keep these things in mind before you see a divorce attorney in Denver, CO:

Consider divorce mediation

Cutting ties with your spouse is always a messy thing, no matter how amicable you both feel about the divorce. But the process isn’t always that complicated. Divorce mediation is a more peaceful route you can take to avoid the messy stages of the process. If you and your current partner agree to a divorce and are willing to talk like responsible, sensible adults, try this option first.

Learn how to keep your emotions outside the door

When you’re wronged, it’s hard to keep your emotions bottled up. The frustration, anger, disbelief, shock, and other negative emotions will always find a way to get out of your system. What’s important is that you don’t let them out at your divorce attorney’s office. After all, your divorce lawyer is neither your psychiatrist nor your marriage counselor. It is difficult, but you have to learn how to treat the divorce process as you would a business transaction or negotiation.

Talk to a psychiatrist or talk to a friend if you need to

Speaking of emotional support, it is important to find someone or a group of people who will help you through the process. The goal is not to lash out at them or divulge dirty secrets. After all, if you and your partner end up not separating or if you get back together after a few years, it would be impossible for those friends and extended relatives not to feel bad towards your ex, knowing what they already do. The goal is to surround yourself with friends and supportive people who will not make you feel alone in the battle you’re going through.

It is advisable to come to the divorce attorney’s office with an organized set of files they can use for the proceedings. But it’s more important to come emotionally prepared. Use these tips to keep yourself together when you feel like breaking.