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Family Attorneys Englewood, CO

Elkus & Sisson attorneysFew people get married expecting to end up in divorce court fighting over belongings, custody agreements, and child support. Despite this, almost half of the couples go through this grueling process at some point in time. When your marriage is headed for divorce, you need help with child support, or you need a prenup or postnup you need reliable help to understand your options, finding the right attorney is key.

The team at Elkus & Sisson, including our highly experienced family attorney Robert Pomper, has helped many individuals just like you work through family law matters and come out the other side, hopeful and excited for their fresh start.

Highly Skilled Family & Divorce Lawyers

Elkus & Sisson, P.C. are family law attorneys just a quick 6 mile drive from Englewood, Colorado. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps and see our reviews). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule a FREE initial consultation to discuss your family law needs.

My Spouse Caused the Divorce – Will That Help Me in Court?

Family Law Attorneys in Englewood, COOne misconception that pops up again and again in Colorado divorce is the idea that assigning blame can help one party or the other. To be clear, this doesn’t mean that there is no blame to be assigned in a divorce—but that doesn’t mean that it will have any effect on legal proceedings, specifically the division of assets and debts and maintenance.

Like the majority of states, Colorado takes a no-fault approach to divorce. This allows both parties to say that the parties had an irreparable breakdown of the marriage, rather than calling out adultery, drug or alcohol abuse, abandonment, or other issues. This lets the process move along more quickly and can pave the way for a more productive co-parenting relationship. Having said this, if one party’s behavior directly affects the minor children, then this would be a relevant factor of issues of Allocation of Parental Responsibility.

How Colorado Handles Child Custody

This is often the first topic that new clients bring up when they’re facing divorce or handling custody with a co-parent they aren’t married to. The good news is that the courts do not automatically favor one parent over the other. They believe that children have a right to time with both parents. You may want to pursue a 50/50 agreement or personalize something based on you and your co-parenting schedules. Common 50/50 schedules include a one-week on/one-week off schedule and a 2-2-3-2-2-3 schedule.

If you and your co-parent cannot agree on a schedule, the court may appoint or the parties may agree on an expert to provide an opinion as to the best interests of the children. If the parties still cannot agree, the judge or magistrate will step in and decide. Everything depends on what is best for the child. Factors that affect the court’s decision include the relationship each parent has with the child, how willing they are to support the child’s relationship with the other parent, the familial and community support they have, and how much stability they can provide. It’s rare for the court to take away one parent’s time completely or require supervised visits; if you believe this is in your child’s best interests, be prepared to show substantial evidence supporting it.

Does One Party Have to Pay Child Support and Spousal Support?

Child support is often awarded in Colorado and is not solely based on who has the child the majority of the time. The court begins by looking at how much the parents earn together and how much financial support they’d provide the child as a couple. That amount is then split proportionate to income and the parenting time split. This allows the child to get the full financial support they would be entitled to if their parents were married.

Spousal support is not automatic in Colorado. If a divorce involves one high-earning spouse and one low-earning spouse, spousal support may be ordered so the lower-earning spouse can gradually increase their earning potential and become self-sufficient. Spousal support is also commonly awarded in cases involving a breadwinner and a stay-at-home parent.

Preparing for the Division of Assets

Your assets are generally categorized into two groups in a Colorado divorce: separate and marital. Separate assets are those you owned before the marriage, but they also include some obtained during a marriage—primarily inheritances and gifts given exclusively to one spouse provided they remain in individual accountsMarital assets are those earned during the marriage or shared for the benefit of the marriage. When it is time to split up the marital assets, Colorado courts follow the equitable distribution model. There is room for negotiation in this area—both spouses generally have assets they are more passionate about keeping, and figuring out your spouse’s priorities may help you negotiate more effectively.

Certain assets may generate more discussion and negotiations than others. Assets commonly fought over by divorcing couples include the marital home, retirement accounts, and any assets generating passive income. As part of our planning, we will figure out what matters most to you.

Other Types of Family Law Cases We Accept

Divorce is far and away the most common type of family law case, but attorney Robert Pomper’s expertise goes far beyond this area of family law. With over 30 years spent practicing family law, he has the insight and experience needed to take on cases related to:

  • Grandparents’ rights
  • Spousal support
  • Prenuptial and postnuptial agreements
  • Custody concerns for non-married parents
  • Adoption
  • Enforcement of family law court orders

Questions to Ask a Potential Family Law Attorney

During your family law consultation, make sure you get all the information you need to find the right attorney for you. Some questions you may ask include:

  • How much experience do you have in family law and with cases similar to mine?
  • How do you approach divorce proceedings? My top priority is x/y/z, can you accommodate that?
  • What do you expect a divorce like mine to cost?
  • What is your approach to communication with clients? Will I be able to call and ask questions and bring up my concerns?
  • Who will I work with throughout the case – will it be with you or with a paralegal or legal assistant?

Take the First Step Now and Contact Elkus & Sisson

No matter which family law issues you’re facing know that brighter days are ahead. We’re determined to help you get there. Contact us online or call us at 303-567-7981 to set up a consultation with our team of Englewood, CO family & divorce attorneys.