Family Law Blog

Estate Documents Need to Be Adjusted During a Colorado Divorce

By Denver Divorce Lawyer on August 25, 2010

Deciding who gets the house or who has primary custody of the children are both topics that are frequently at the heart of any divorce proceeding. However, how often do couples discuss existing retirement plans or life insurance policies? The answer, according to West Virginia’s WVNS-TV, is not often enough.

When filing for a Colorado divorce, it is important to remember that all assets acquired during the marriage need to be examined to determine an amiable settlement. According to the news report, many divorcing couples may fail to realize that retirement accounts, life insurance policies, and wills all need to be properly updated as well during the divorce process. These estate documents are just as important as other more tangible assets are, yet many couples fail to realize this when filing.

Reportedly, 20 states currently have laws that automatically revoke benefits once a couple’s divorce is finalized, but it is still strongly advised that new paperwork is drawn up after a divorce, even if beneficiaries are going to remain the same. While probate assets are divided during a divorce, non-probate assets such as term life insurance policies need to be adjusted accordingly. Other decisions that need to be made during the divorce process can include child custody and visitation arrangements.

Regardless of what the details of a divorce may be, it is important to retain the services of an experienced family law attorney who will examine all assets, both probate and non-probate, to determine the most equitable outcome available for your divorce. If you are thinking of filing for divorce in Colorado, please don’t hesitate to contact the Denver divorce attorneys at Kaplan Law, LLC. For more information, please call 1-877-527-5206 today.

When Should Grandparents’ Rights Take Priority Over a Birth Parent’s?

By Denver Divorce Lawyer on August 18, 2010

In many cases involving child custody and visitation rights, grandparents are not often looked at as the best possible guardians/caregivers for a child. However, this isn’t true of every case. In many instances, grandparents not only house and care for a grandchild, but are the closet parental figure that the child has in his or her life. Ohio’s Dayton Daily News recently highlighted an interesting story in regard to grandparents’ rights, which asks the question of whether or not grandparents’ wishes should be cast aside simply because a child’s birth parent decides to do so.

The article, involving an 8-year-old girl, discusses a custody case between the girl’s birth father and her maternal grandparents. Reportedly, after a tragic car accident took the life of the girl’s mother, the father, who had previously only seen his daughter sparingly, took it upon himself to ask the girl’s grandparents, whom the young girl and her late mother lived with, if it would be okay to resume visitation with his daughter. The grandparents agreed, particularly since they felt it best that their granddaughter connect with her only living parent. However, the girl’s father soon cut off visitation between the girl and her grandparents, which didn’t resume until a court ordered that her grandparents were entitled to care for and see her every other weekend.

All cases of child custody are different. In some cases, grandparents assume a more traditional role, in which they may not be as involved in the actual upbringing of the child. However, other cases indicate that a child’s grandparents may actually be the child’s primary caregiver. Regardless of the circumstances, it is important that all details are thoroughly examined in any child custody case, particularly in regard to grandparents’ rights.

For more information about grandparents’ rights, get in touch with the Colorado family law attorneys at Kaplan Law, LLC. Call 1-877-527-5206 today to speak with an experienced Denver grandparents’ rights attorney.

Mediation May Only Work During the Most Amiable of Divorce Cases

By Denver Divorce Lawyer on August 11, 2010

According to a recent USA Today article, a more amicable trend regarding divorce matters is taking place all across the country. That is, whereas many divorces are characterized by longer, drawn out proceedings that are fueled by disagreements and sentiments of anger; a new approach is being utilized by more and more couples looking to end their marriages. Mediation proceedings are being used more often as a means of deciding division of property, child custody agreements, and other facets of family law matters.

Using this approach, couples basically sit down with one another and calmly decide how best to go their separate ways, discussing division of assets, who should stay in the family home with children, how often children may be visited and whom the children will primarily live with. Under the most ideal of circumstances, mediation may be the answer for a couple getting a divorce. However, it is important to keep in mind that during a more stressful divorce process, rationally being able to make important decisions is extremely difficult.

While the mediation approach may work for some couples, not all cases of Colorado divorce and separation are the same. Unless a couple is in mutual agreement that their marriage should end, and unless that couple is able to reasonably discuss matters without any sense of heartache or emotionally fueled anger, then mediation may not be the most viable option for them. Divorce proceedings can be very complicated, and it is important to keep in mind that a fair division of assets and other reasonable decisions should be the end goal for all parties involved.

There are multiple factors that need to be carefully examined during divorce proceedings. When young children are involved, there are even more details that need to be considered. Regardless of your situation though, it is always a good idea to retain the services of a skilled family law attorney in the event that divorce is the only solution to your marriage. If you’re thinking about filing for divorce in Colorado, please contact the Denver divorce lawyers at Kaplan Law, LLC. Our Colorado family law attorneys will fight to ensure that all decisions made are equitable, keeping your best interests in mind at all times. For more information, please call us today at 1-877-527-5260.

How to File a Petition for Paternity in Colorado

By Denver Divorce Lawyer on August 4, 2010

The Colorado State Judicial Branch website is an informative site that allows users to search court records, make court payments, and download important forms for a variety of legal issues, including those centering-around family law. It is very important that these forms are properly filled out, and that all available information that is requested per form is provided in its entirety. When filling out such paperwork, it may be a good idea to retain the services of an experienced Colorado family law attorney to ensure that all information is provided as requested.

When filing a petition for paternity, there are 12 sections that need to be filled out for completion. Much of the information is relatively self-explanatory, but it is still essential that the information is accurate. Information about the Petitioner and about the Respondent are each required, as is information (name, address, birthday) pertaining to any children whom the respondent is the biological parent of. Information about previous court proceedings regarding the child or children in question, as well as any knowledge of proceedings that could affect the current proceeding’s outcome, are all required by the Colorado court system. Even the names of all non-familial parties involved need to be revealed to the court via the petition.

Court proceedings of all kinds can be complicated, especially for someone who has had little or no experience dealing with such a situation in the past. At Kaplan Law, LLC, our experienced Denver paternity attorneys will help you every step of the way throughout your Colorado child paternity case. For more information, call us today at 1-877-527-5260