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Colorado Springs Family Law Blog

Instead of divorce, can a marriage be made invalid in Colorado?

Coloradoans who have decided that their marriage is not working out can part ways and get a divorce. In such a circumstance, there is generally no reason to invalidate the marriage completely as if it never happened. However, in some instances, the parties would like to have the marriage declared invalid. There are certain situations in which this can happen. People who want their marriage invalidated should understand the law and have legal assistance in making the goal a reality.

A marriage will be deemed invalid if one party did not have the capacity to give consent when the marriage took place. This can be because the person did not have the mental capacity or was infirm or because he or she was under the influence of an incapacitating substance at the time. The marriage might not have been consummated through sexual intercourse due to a lack of physical capacity to do so with the other party not knowing of this issue when the marriage took place - this is a reason to declare a marriage invalid. A person who was under the age of consent based on the law and did not have the consent of parents or a guardian or approval from the judiciary cannot legally marry and the marriage can be deemed invalid.

Can I have my child support order modified in Colorado?

Colorado parents who have ended their relationship will still be linked because of the child. The child's best interests are the most important factor in the couple at least behaving amicably regardless of how their personal relationship ended whether it was a divorce or a relationship that simply did not work out. In a best-case scenario, the couple will be friendly. Regardless, child support is a key part of the child's care. In some situations, however, one of the parents - the supporting parent or the parent who receives support - will want a child support modification. This can be done if certain criteria are met.

When there are changes in a parent's life, the child support might need to change as well. If one or more of the following issues has come up, then the child support order might be changed: a rise or reduction in the income of one of the parents; a change to medical insurance coverage; a rise or reduction in the cost of child care or medical expenses that are not covered by insurance; a change in the number of overnight stays the child has with either party; and the child reaching the age at which he or she can be emancipated.

How do Colorado courts handle homes in most divorces?

For many couples headed toward divorce, division of the marital assets is the biggest point of contention. Specifically, many couples find themselves fighting over who will keep the marital home after the divorce. Truthfully, if you aren't agreeing to terms prior to divorcing (via mediation or a prenuptial agreement), there's no accurate way to predict how the courts will handle the division of your home and other assets.

Equitable distribution guides the process, but that can mean very different things for different families. Each divorce decree is as unique as the couple splitting up. There are several situations more likely than others when it comes to your home, however.

How is spousal maintenance determined in Colorado?

When a Colorado couple decides to part ways and divorce, one of the most concerning issues for both parties is whether there will be spousal maintenance - also referred to as alimony - or not. Another factor that is a concern is how much it will be. If one party requests maintenance, the court will consider numerous issues when deciding if it should be awarded and, if so, how much it will be.

The court will weigh the following: the gross income of each party; the marital property that belongs to each; what the financial resources of the parties are, including income or possible income from separate or marital property; and a reasonable assessment of the finances that were established while the couple was married. Once these findings have been completed, the court will decide if there should be an amount. If there will be maintenance, it will be an amount that is considered fair and equitable to both sides.

Guiding you through the divorce process

While we like to think that divorce is not like it is in the movies, the truth of the matter is that it can get that messy, but it can also be that easy. No two divorces are alike much like no two marriages are the same. Each brings with it its own problems and issues. And even if it is the worst of marriages, this does not mean that it will be the worst of divorces. When couples in Colorado and elsewhere decide to divorce, it can be a huge awakening. Spouses come to terms with the situation and are able to move forward with the process amicably and collaboratively.

If couples are able to come together, it can make this very difficult process much easier. There will likely be disputes and at times spouses will not see eye-to-eye; however, by working together they are able to save both time and money. At Mary Kay Kramer, P.C., our law firm has seen its fair share of divorce cases with a wide range of divorce issue. Thus, we are dedicated to serving spouses in the Colorado Springs area better navigate this process.

Couple receive court extension for divorce negotiations

The moment when Colorado spouses decide to end their marriage is often one that is heavily loaded. It may have taken a long time to come to the realization, and even longer to bring it up. Or, perhaps, it came out suddenly, taking partners by surprise in the heat of the moment. No matter how they came to the decision to get a divorce, the process itself takes some time -- and that is not always a bad thing.

Hollywood celebrity couple, Angelina Jolie and Brad Pitt, separated back in the fall of 2016. With six children together, ranging in ages from nine to 16, there are major child custody issues. That is not to mention the significant assets, both film stars will need to divide and distribute. Today, a year and a half later, the couple's divorce is not yet final.

What can divorce do (and not do) for Colorado couples? (Part 2)

Previously on our blog, we took a look at issues, like these which the divorce process generally does a good job of helping Colorado Springs couples resolve as they go their separate ways. However, it is important to have realistic expectations going into a divorce, and to understand what a divorce cannot do.

One thing that divorce cannot do is ensure that each spouse will have the same standard of living after separating as they did together. Alimony can help mitigate certain economic effects of divorce, but the fact is that it is less expensive for two people to live together and share household expenses than it is to live apart as individuals. One's salary will likely need to stretch further than it did before the divorce, and so some decrease in standard of living should be expected and planned for as much as possible.

A parenting agreement can brighten your future

Going through a divorce can be a dark time. Even if you realize this was the best decision, nothing changes the fact that your life will never be the same.

If you have a child with your ex-spouse, it's safe to assume that there are some things you need to work out. For example, matters of custody, visitation and support will quickly move to the forefront of your divorce case.

What can divorce do (and not do) for Colorado couples? (Part 1)

The end of a marriage is a time of change, often one of the most significant changes in the lives of El Paso County couples. Typically, many difficult and unpleasant steps will have to be taken to get through the process. It can be frightening, as well, to trade one's well-known and established life -- no matter how unhappy -- for the unknown of what life will be like after a divorce.

It is important for spouses considering divorce to ask: what will a divorce do? And what are the limitations -- that is, what are the things that a divorce cannot do? We will spend some time here on our blog taking a look at possible answers to these questions, with the understanding that the information is intended to be general in nature only, not specific legal advice.

Colorado Supreme Court considers frozen embryos in divorce case

The end of a marriage often brings with it some challenging questions to resolve: who gets which assets; how child custody is determined; how much child support and alimony will be paid. However, sometimes divorcing Colorado Springs couples may find themselves in territory where the law itself is unclear, thanks in part to possibilities only recently realized by cutting-edge technology and science.

A couple got married in 2002 in Colorado and became parents to three children. The children were conceived through in vitro fertilization. Six embryos created during the in vitro process remained frozen, but the father felt no desire for more children. The mother, on the other hand, strongly wanted a large family. Their marriage began to deteriorate as they were raising their youngest children, and they went through a bitter divorce.

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Mary Kay Kramer, P.C.
1820 West Colorado Avenue
Colorado Springs, CO 80904

Phone: 719-362-5113
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