As an experienced family law attorney I can help you navigate your divorce or child custody case so you are making informed decisions and are prepared for mediation or trial. No case is too big or too small and I can assist you through every stage of the process, including property division, spousal maintenance, child custody and child support.

Premarital and Marital Agreements

People enter into prenuptial agreements in anticipation of marriage in order to predetermine how their property will be characterized and divided in the event of a future dissolution of marriage or legal separation. Colorado has adopted the Uniform Premarital and Marital Agreements Act, which requires adherence to statutory formalities in drafting and execution. These types of agreements are helpful to give effect to the expectations of parties entering marriage or with respect to any anticipated transactions after marriage.

Cohabitation Agreements

It is not uncommon for couples to live together for years if not indefinitely prior to marriage, if they marry at all. A cohabitation agreement outlines the rights and responsibilities of both parties during the relationship and in the event of a breakup. It should address issues such as whether or not you are considered married by common law and how finances and property ownership are addressed.  If you are unmarried and cohabitating with your partner a cohabitation agreement should be part of your basic estate planning documents such as advance directives, powers of attorney and a release to allow access in the event your partner is hospitalized.

Collaborative Divorce

A collaborative divorce is essentially an amicable divorce where both parties have attorneys who are committed to the collaborative divorce process. The attorneys practicing collaboratively will work together and with the parties to keep the divorce process out of court while working to ensure an outcome that is informed and fair to both parties. This approach may be especially beneficial for parties in divorce who wish to preserve a respectful relationship.

Divorce/Dissolution of Marriage

The court "shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors". C.R.S. § 14-10-113(1).  In many cases all or a majority of issues can be negotiated and settled without the need for a trial, however, when that is not possible I will be your advocate in the courtroom. 

​Allocation of Parental Responsibilities

"The court shall determine the allocation of parental responsibilities, including parenting time and decision-making responsibilities, in accordance with the best interests of the child". C.R.S. § 14-10-124(1.5). Quite often divorcing parents have very different opinions over what a parenting time schedule should look like. If an agreement cannot be worked out I will help you present your best case in court. 

Modification of Parenting Time

"The court may make or modify an order granting or denying parenting time rights whenever such order or modification would serve the best interests of the child." C.R.S. § 14-10-129(1)(a)(I). Parenting time schedules often change as the children age and as circumstances change. There are specific statutory factors the court will consider when determining what kind of parenting time with each parent would be in the best interests of the child. In some cases a custody evaluation is appropriate and the court will appoint a professional to make recommendations as to parenting time and other matters. 

​Child Support

A determination of child support will be made in every case involving a minor child. Colorado has a presumptive guideline amount for child support, however, the gross income for each party is often in dispute. Gross income and the number of overnights spent with the child are two critical factors that will determine the amount of support to be paid. Only under limited circumstances will the court deviate from the presumptive guideline amount for child support. 

​Spousal Maintenance

Maintenance, sometimes called alimony, may be ordered to be paid from one spouse to another when certain statutory factors support such an award. Colorado has a statutory guideline amount and term for maintenance, however, judges have the discretion to determine the award of maintenance that is fair and equitable to both parties based on the totality of circumstances. 

Relocation of Minor Child

A parent wishing to relocate with a minor child to a residence that substantially changes the geographical ties between the child and the other party must first file a motion to relocate the minor child, which will be set for a hearing. Both parents will have the opportunity to present evidence why the proposed relocation is or is not in the best interests of the child. 

Drew Richman has over 25 years of experience representing individuals with their legal concerns. If you're seeking representation in your family law matter in the areas of Durango, Cortez, Dolores, Mancos, Ignacio, Bayfield, Pagosa Springs reach out today to schedule a consultation.