​Safety.

 

Families have a number of concerns that require legal counsel, from the making of Wills, Health Care Directives and Last Arrangements to ensure the secure passage of assets to your loved ones, the care and direction of your last health treatments and the ceremonies to commemorate your passing for the eventuality of your demise, to preparation of Trusts for children (educational trusts), conservatorships or trusts for spendthrifts (spendthrift trusts), and Guardianships for persons of impaired capacity (guardianships) . With both Wills and Trusts, you are working with legal counsel to ensure smooth and competent handling of your affairs. Better safe than sorry is an old adage, and it is particularly apt in this context.

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Parvenus.

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Prenuptial (Premarital) Agreements seem to be necessary in many marriages these days. There exists a Uniform Premarital Agreements Act that many states have adopted to reduce litigation related to Prenuptial Agreements. Colorado has not adopted this Act, but has legislation in place that recognizes the legal import of such agreements. Terner Law will work with you to create a document that protects your assets.

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Divorce.

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Not all marriages rise to the ideal, and some just deteriorate over time. While recommending counseling whenever possible, we recognize that sometimes, a marriage just doesn't work. Mediation or "dispute resolution" is one way to work out issues in a marriage without seeking a divorce, but, again, some marriages are so far gone that the parties just call it quits. We can (and do) help our Family Law clients to engage their spouses in mediation of disputes in attempts to resolve conflicts. The Courts in Colorado also demand a 90-day "cooling off" period between filing a Petition for Dissolution of Marriage and the issuance of a Decree of Dissolution, to allow both parties reasonable time to re-evaluate whether in fact the marriage is "irretrievably broken".

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As Divorce (called "Dissolution of Marriage") does not always bring out the best in people, in many situations, contentious litigation is either initiated or demanded by one or both parties. We work with our clients as a zealous advocate for their rights and engage in all Courts in Colorado should hearings be a necessity, from the commencement of a Petition for Dissolution of Marriage all the way to the issuance of that Decree of Dissolution, and in any Child Support Hearings or Maintenance Hearings that may be necessary after the divorce.

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If both parties agree to dissolve their assets and separate their marital assets in an amicable fashion, in any Separation Agreement, it is wise for BOTH parties to seek counsel, so that their rights and obligations are clear, equitable, and not overly burdensome.

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Children.

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If there are children of the marriage, custody ("Allocation of Parental Responsibility") is an issue, as is Child Support (from the non-custodial parent to the custodial parent) to defray the cost of those children. Colorado wisely has a formula that divides the cost of the children between the parents relative to the time each parent has custody of the children, and the parents' respective incomes (and expenses). You can access the Colorado Child Support Worksheets here to see how that formula works. We can help a party file for Allocation of Parental Responsibilities or to Modify, and represent them in any/all hearings that relate to this issue.

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We also help parties petition the Courts regarding arrearages in Child Support payments (all too common), and offer our legal counsel and representation during the hearings for Contempt that such arrearages can create. Sometimes an ex-spouse has to assign the wages of the other spouse to receive the Child Support and Maintenance that is due her/him, and we offer our legal counsel in this area as well. If there is a possibility that one spouse may attempt to abduct the child or children of the marriage, we help clients with Motions for Abduction Prevention Measures.

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Alimony (Spousal Maintenance).

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In some marriages, one spouse has to be helped financially by the other spouse, and needs to receive "maintenance". Sometimes an ex-spouse has to take care of the children of the marriage (as sole custodial parent) and therefore cannot work until the children have grown up and left the home. There exist many circumstances in which Maintenance is needed, but it is up to the Court to determine whether, and if so, how much Maintenance one spouse must pay the other and for how long. Motions to Modify or Terminate Maintenance are common in Dissolution of Marriage cases. Motions to withhold income of an ex-spouse for Support are common in this area as well.

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Restraining Orders.

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There are times when interpersonal relations deteriorate to such an extent that a Civil Protection Order (commonly known as a Restraining Order) becomes necessary due to threats of violence or violence itself. We can help you file for Temporary or Permanent Restraining Orders, but you must know that the trick is enforcement by way of Police Notification. As the violation of a properly served Restraining Order may be de facto Contempt of Court, one has to document and report such violation as soon as it happens and move the Court to impose sanctions upon the party violating the Restraining Order.