Dividing the marital property is never easy. But when spouses have been married for many years, have many assets, or own family businesses, marital property division can be complex.
Going through a divorce can be one of the most difficult times in a person’s life. We can help guide you through the process, and provide knowledgeable counsel.
We will listen to your needs and provide options for you, based on how you want your case to proceed. Whether you and your spouse are in general agreement, or you are anticipating a more difficult proceeding, we can advise you about potential outcomes and factors that you should consider when making decisions.
It is important to remember that relatively few divorce cases go to trial, and that hiring an attorney does not commit you to that result.
Dividing the marital property is never easy. But when spouses have been married for many years, have many assets, or own family businesses, marital property division can be complex.
We can help to identify what property is marital property and what property is separate property and help you to understand the legal arguments that will need to be made. We can advise you on what factors will be considered by the Court when dividing major assets like the marital home. We can help you through the division process, whether you and your spouse generally agree on property division, could benefit from the services of a mediator, or need the court to make the division. Our experience in local courts will provide you with knowledge about what courts are likely to decide regarding property division, and what might constitute a fair settlement.
Many people find, upon separation, that they are in a difficult position because the other spouse’s income or earning capacity far exceeds their income. The cost of maintaining two separate households is, naturally, higher than the cost of maintaining the marital household.
There is a spousal maintenance statute in place in Colorado that requires a spouse that has the ability to pay support to do so, based on their current income level. To establish maintenance, the Court will investigate the amount of each party's gross income, the property apportioned to each party, the financial resources of each party, reasonable financial need, and then determine the amount and length of time for payments. However, there is a spousal maintenance formula which provides for a set amount of maintenance in many circumstances. We can help you understand what to expect.
During the dissolution process, the lesser earning spouse will probably require temporary maintenance in order to make ends meet. Whether you are the lesser earning spouse, who will require maintenance during the divorce process and after the final divorce decree, or if you are the higher earning spouse, you need to know and understand your rights. One spouse may just need temporary support during the divorce proceeding before getting back into the workforce, or maybe the possibility is long-term support. Regardless, we can help you determine what spousal support is appropriate.
If you and your spouse are considering divorce but wish to do so quietly, privately, and quickly, there is an alternative to getting the court system involved.
The Law Firm of Lisa Ward offers mediation in Durango so you can come to an agreement with the help of a neutral third party so that you can work things out on your own. If you cannot come to an agreement during mediation, we will guide you in the right direction so that you proceed with the court process. Nothing that was said during these meetings can be introduced into court. Mediation can help you decide on alimony, child support, child custody, property division, and distribution of joint monetary assets.
Formation of a marital agreement, either prior to a marriage or during a marriage, can take the financial guesswork and uncertainty out of an otherwise healthy marriage.
When people have children from a prior marriage, it is important to protect assets for those children and a marital agreement can accomplish just that. Further, in the unfortunate event of a divorce, a marital agreement can make the process smooth and amicable. We can help with both pre and post nuptial agreements.
When a marriage ends, child custody can be one of the hardest issues to work out. Unmarried parents may also face child custody issues.
We can help you to help your children through this very difficult time in their lives by providing advice and counsel on child custody (now called parental responsibilities). A court will always work in the best interests of the child, so that he or she still spends time with both parents and we can help you to analyze what is best for your children taking into account Colorado law.
Either you or the other parent may be required to pay child support. Or, sometimes a parent wishes to relocate with a child.
The purpose of child support is to meet the reasonable needs of the child, and try to, as much as is possible, keep him or her in the same position he or she would have been had the marriage not dissolved. We are also available to assist in circumstances where a child support obligation is not being paid, to work with the other party to get back payments, or to reduce or increase child support where financial circumstances have changed dramatically.
If you are the party seeking to relocate, important rights may be affected if you wait to attempt to relocate. So you need good solid legal advice if you think this may be an issue for you now or in the future. It can be difficult to leave the state with your child, even if you are the parent the child primarily resides with. Or, perhaps the other parent of your child wishes to leave the state, and you oppose the relocation and need help preventing your child from being taken from the state. Or maybe you are in agreement on one parent or the other leaving the state and need help to redesign the parenting plan based on this move.
Grandparents, Stepparents, and other third parties may have rights to see children as well.
If you are a grandparent, stepparent or other third party who wishes to explore any rights you may have to see the children, we can help you. We also work with adoptive parents and grandparents, along with legal guardians to ensure they receive the visitation they are entitled to as well. Please keep in mind that in many instances, time is of the essence, so you will need to contact an attorney right away or you could lose or waive any rights you may have had.
While thinking about wills, and estate planning can be painful because they are designed to support family members after your death, it’s important to plan for tomorrow so you can have peace of mind today.
The Law Firm of Lisa Ward establishes, modifies, and ensures proper distribution of trusts, wills, and estates. Our legal team will draft the appropriate documents, help you choose power of attorney, determine how to distribute personal property, and create a letter of last instructions. We can also help you appoint a guardian for children if needed, begin a bank account to accumulate trust funds, and finalize a will. After a Dissolution of Marriage, each spouse should ensure his or her estate planning documents are updated. We can help you ensure this is accomplished. We understand your time is valuable, so we will streamline the process as much as possible, providing a straightforward, stress-free experience.
Appeal are possible for both criminal and civil cases.
We will handle an appeal case after a party loses or is unhappy with some part of the decision made by the court. Our experienced appeal attorneys will take on various aspects of an appeal including preparation for your trial, editing briefs and preparing arguments.
101 W. 11th Street Durango, CO 81301
Durango’s law firm of choice.
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