Family law can be complex. Emotions are often running high and this can further complicate things. You may be tempted to try navigating family law in Colorado Springs without assistance from an attorney.
However, this is rarely advisable. Yes, you can save money on attorney fees but you may also be risking your family law case.
Whether you’re going through a divorce, working out a child custody agreement, or meeting Colorado’s marriage requirements, there are legalities to consider. To help guide you, here’s a look at what you should know about family law in Colorado Springs.
Ending a Marriage in Colorado
Ending a marriage is rarely easy. You’re closing a significant chapter in your life. Unlike some states that require specific grounds for divorce, like spousal abandonment or adultery, Colorado allows for no-fault dissolution. This means you can legally file for divorce on the grounds of irretrievable differences. In other words, you and your spouse have grown apart and are no longer happy in the marriage.
If you and your soon-to-be former spouse aren’t arguing over property division or child custody, you may be able to go through the process without retaining attorneys. Another option is to go through mediation. This is when you and your spouse sit down with a neutral third party to work out the details of the divorce.
Mediation may also be required by the courts, especially if you’re going through the process without retaining an attorney. The mediator will help ensure both parties walk away from the marriage without any hard feelings. Your mediator can also help ensure any property division is fair and can help work out child custody arrangements.
Sometimes, the court requires mediation if it’s not positive both parties are requesting a divorce. Mediation can be a final attempt to try and save the marriage. So, when should you retain legal representation in a divorce? If you and your spouse can’t agree on settlement terms, it’s usually best to work with a divorce attorney.
You’re Planning on Getting Married
Yes, you may need an attorney if you’re planning on getting married. If you or your soon-to-be spouse is entering into the marriage with significant assets, you may want to have protection in case the partnership ends in divorce. This typically means creating and having both parties sign a prenuptial agreement.
You will want to work with a family law attorney if you need a prenuptial agreement. Not only can your attorney help draw up a prenup that can withstand legal scrutiny, but they’ll also take care of filing the document with the court.
You may also need a family law attorney to help clarify Colorado’s marriage requirements. Yes, the state has specific requirements that can affect the legality of your marriage. What are the state’s legal requirements for marriage? These requirements are pretty straightforward and shouldn’t affect your proposed union, but include the following:
- You can’t marry anyone under the age of 16, even if parental consent is given.
- If you or your soon-to-be spouse is between the ages of 16 and 17, you will need to provide parental consent. If the parents are divorced, then consent must come from the custodial parent. If the minor is under a court-ordered guardianship, the legal guardian must provide consent.
- Bigamy is prohibited without exception. In other words, you can’t have more than one legal spouse. This also means you can’t get remarried until your divorce or separation is legally finalized.
- Marriage between siblings, a parent and child, uncles, aunts, nieces, and nephews is prohibited. In other words, you can’t legally marry a close relative. However, there is an exception to this part of family law. If marriage between close family members is permitted by indigenous customs, it may be legal under Colorado law. Before you decide to marry a close relative under indigenous law, it’s a good idea to consult with a family law attorney. The exception may not apply in your case.
These laws are in place to help ensure both parties are agreeable to enter into the marriage. The statutes work to protect everyone’s rights and prevent anyone from being forced into a marriage. If the marriage is forced, it’s automatically invalid under state law.
To become legally married in Colorado, you must apply for a marriage license. The license is only valid for 35 days. However, once you have a marriage license, there isn’t a waiting period. You can become legally married the same day you obtain the license.
Working Out Child Custody Agreements
If children (minors) are involved in a divorce, it’s usually a good idea to work with a family law attorney. You want to make the divorce process go as smoothly as possible for the involved children. This means avoiding a lengthy custody dispute that often places children in the center of the divorce.
So, what can a family law attorney help you and your former partner navigate? Your attorneys can consider the child/children’s best interests. This may mean deciding which parent is better equipped to provide a safe and nurturing environment for the children. Since this area of family law can quickly become contentious, the courts may even step in to help negotiate custody and parenting time.
If you’re not sure what parenting time is? This is Colorado’s term for the time a child spends with the non-custodial parent.
Some of the factors the courts consider when it comes to child custody include their and the parent’s wishes. The court will also consider each parent’s ability to provide for the children, along with their relationship with the child.
Parents can also lose their custody rights if they’re charged with domestic violence or sexual assault. This can apply even if charges are yet to be filed.
Family Law Can Be Complicated
When it comes to the complexities of family law, the value of an experienced attorney cannot be overstated.
Whether it’s dealing with the nuances of a divorce, the intricacies of a marriage agreement, or the sensitivities of child custody, family law embodies a unique blend of legal and personal matters. An adept attorney not only clarifies the often convoluted legal statutes but also provides a strategic framework to safeguard your interests and rights.
Moreover, their seasoned perspective can be instrumental in foreseeing and navigating potential legal hurdles, ensuring that your decisions are both informed and legally sound. In the emotionally charged arena of family law, having a skilled advocate by your side is essential for both your peace of mind and the protection of your familial and legal interests.
