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There are many more issues that typically arise when one is going through a divorce, especially if there are children and property involved. This is why having an attorney experienced in this area is crucial to make sure this process goes as smoothly as possible.
Legal separation does not terminate a marriage. There are many reasons why a person may seek a legal separation, which includes benefits such as insurance, pensions, taxes, or inheritance.
Termination of Parental Rights
Termination of parental rights will end the parent’s legal parent-child relationship. Termination may be voluntary or involuntary. In Colorado, involuntary termination of parental rights is a high threshold to cross and may require a good deal of evidence.
Currently in Colorado, there are laws that allow for grandparents to ascertain parental rights or request visitation with grandchildren. These rights are established with the best interest of the child in mind.
The general rule is that a child will benefit from both parents being in the child’s life as much as possible. Courts will adhere to this rule as long as both parents are fit to raise a child.
The courts like to enforce the rule that both parents equally share a duty to support their children. Child support from one parent to another is typically based on the monetary need and ability to pay. There are specific guidelines in place pertaining to child support, which means that courts have less discretion in this area.
Either spouse can be ordered to pay spousal support to the other. This may be awarded while the parties are still married, throughout the duration of the divorce, or as part of the divorce decree. The court has wide discretion in awarding spousal support.
Allocation of Property
There are many factors the State of Colorado uses to divide property. Marital fault is typically not a factor here. Each spouse is entitled to any separate property acquired before the marriage. The courts will order equitable distribution of all property that was acquired during the marriage, no matter who owns the title.
Colorado law allows for the establishment of a prenuptial agreement for a couple in advance of marriage. The agreement must be in writing and both parties must make complete and full disclosures of their assets.