Walker Family Law

posted by Michelle on Jun 17

The dissolution of a marriage is the dissolving of a union, typically a civil ceremonial marriage between two people. This union can also be a dissolving of a common law marriage, which is currently deemed legal in Denver. A divorce lawyer in Denver can help ease the emotional and financial burdens of a divorce between two people and speed the delivery of a divorce decree or a legal separation decree in either of these marriages.

The alternative to seeking out a divorce lawyer is not advisable, which is to just choose to live in separate housing and delegate expenses of child care through trial and error. Eventually there will become a need for a lawyer in the advent of a predictable communications breakdown. Lawyers are trained and licensed to meet the needs of their clients when it comes to efficiently dissolving a marriage in ways which benefit all parties involved.

The best service a divorce lawyer in Denver can be retained for is the assurance that every financial and emotional aspect of the divorce will be professionally and discreetly handled. When a marriage between two people fails and it can no longer continue for what every reason, a lawyer who specializes in divorce can help the dissolution of the marriage to a legal separation decree or a final divorce decree.

When it comes to a legal separation, a divorce lawyer in Denver can aid in the legal separation matters of a couple like child support and healthcare for the child, pending a divorce decree. The legal separation quickly takes care of some of the financial aspects of a divorce between two couples including alimony issues and child custody. Whether a couple is seeking temporary to settle a temporary or a permanent child custody battle in a legal separation, a divorce lawyer in Denver can readily supply them with the right answers.

A divorce lawyer in Denver is licensed to counsel couples seeking a divorce or a legal separation and guide them through the process through legal court recommendations. This process will no doubt include many negotiations with a spouse’s lawyer, in issues regarding alimony and child support. A divorce lawyer in Denver can also help negotiations with a spouse’s lawyer when is come to child custody cases and deciding on the physical custody of the child, including issues of religious, educational and health care venues. Sometimes a third party mediator may be needed to deal with issues, like the moving of children out of state and the visitation rights of a spouse.

A third party mediator may be called upon by either spouse’s divorce lawyer in Denver. The mediator is a third party who negotiates the settlements in a divorce between two people. These issues may deal with spousal support, child support and even down to the place of worship or school a child may attend. Healthcare and issues regarding the moving of a child out of state is also overseen and carefully considered by a divorce lawyer in Denver. The lawyer may consider the third party mediator for these issues and to oversee the counseling of the child, if they are a licensed child advocate.

posted by Michelle on May 25

A Denver divorce is classified as a no-fault divorce. This is a reference to the dissolution of a marriage where the marriage is irretrievably broken, and furthermore the marriage has no chance of reconciliation on any grounds. Marital property division may become an issue with a couple who is divorcing. Although stressful and often time not completely regarded with the best interest of the children involved, a divorce can be the ultimate healing of many wounds created during a bad marriage.

Depending on whether they had procured a pre-nuptial agreement before their marriage will dictate the outcome of the marital property division. This includes personal assets and even retirement and social security issues. Many couples take the time to sign pre-nuptial agreements to safeguard their individual financial assets for their existing children or for any future children the couple may have during their union of marriage.

Protective orders can also be an issue during a divorce proceeding, especially when the marriage has previously issued protection orders. An enforcement of court orders can also be issued in the advent of a divorce in Denver. This is to protect the rights of both parties involved and the rights of any children. The results of settling many of these issues in a divorce proceeding can be long and stressful. This is why many couples choose to settle into a long legal separation decree and hold off from the final divorce decree until they are sure of the final outcome of many of these issues.

Any post divorce modifications and pre-nuptial agreements can be readily settled during a legal separation decree. Child support and child custody issues can also be readily settled during this time period. Divorce mediation services can also be procured as well. These services are offered to couples in the dissolution of their marriage to settle visitation schedules and other financial issues couples face with pending divorce settlements.

A couple who is facing a Denver divorce can hire the services of a divorce attorney for these issues and others that come forth from a Denver divorce. There are lawyers and attorneys who specialize in the subfields of civil and family law, and who can successfully procure a Denver divorce for a couple in the area. There are stipulations to when and where a divorcing couple can file for a divorce in Denver.

One or both of the couples who are seeking a Denver divorce has to have resided in the state of Colorado for at lease ninety days before they can file for a Denver divorce. The couple can each go together or separately to the Colorado District Court, in which they reside in, and proceed with the filing of the Denver divorce petition. The proper paperwork is provided as with any additional vital information needed for the proper filing of the paperwork.

Paternity rights can also become an issue with couples dealing with a Denver divorce. It only takes a hint of an allegation of wrongful and deceitfulness when it comes to child support to send a parent with a court order for DNA testing. The courts take DNA paternity testing seriously and when the establishments of paternity rights have been settled child support will be issued based on a set criterion.

posted by Michelle on May 25

A Denver divorce lawyer can guide a spouse and their estranged spouse in settlement of their irretrievable breakdown of their marriage. In the event that there is no valid chance of reconciliation, each spouse can obtain a lawyer and file for a no-fault divorce. The no-fault divorce filing can eliminate the needed proof of spousal abandonment, cruelty or adultery to obtain a divorce. A Denver divorce lawyer can also help with the filing of a no-fault divorce for common law marriages as well.

Common law marriages are only recognized in a few states, and it is currently recognized in Denver. The acts of two people who file taxes jointly, inform friends and family of their intentions to be man and wife, and openly living with and referring to one another as man and wife is called a common law marriage. This common law marriage, according to a Denver divorce lawyer, is subjected to a legal divorce in Denver.

In contrast to popular beliefs, the courts rarely consider the amount of time a couple have spent living together as a common law marriage. Yet, it is still possible for a spouse to file an Allocation of Parental Responsibilities Action, if children are involved in the case, and the courts decide the marriage was not a common law marriage. A Denver divorce lawyer can help with these and many other common law divorce issues.

Additionally, a Denver divorce lawyer can help a couple decide on and file for legal separation. A decree of legal separation can be eventually converted into a divorce decree by the courts. During the legal separation neither party can remarry until a divorce is final. These legal separation degrees cover issues that can be health insurance coverage related, or for cultural and religious reasons. This is not a termination of the marriage it is a separation which deals with the separation of finances and settlement of the financial and health care of the children involved in the divorce. A Denver divorce lawyer understands the legal precedence of a legal separation.

A Denver divorce lawyer will guide both parties through what is known as the maintenance process of alimony and spousal support. This period can be temporary or permanent, depending on how the courts decide to rule on the maintenance of the parties involved. Divorce mediation is often recommended by a lawyer to assure that both parties get an equal settlement from a divorce, whether it is a common law or legal marriage.

A Denver divorce lawyer understands the multi-faceted aspects of domestic law and will focus on determining the best alternatives in the dissolution of a marriage. He or she is also aware of the role they bear to reduce legal expenditures of a divorce, by striving to quickly settle the dissolution of the divorce within a reasonable set period of time. This can eliminate further costly court fees and having to deal with the outcome of a judge’s orders, regardless of the wishes of the parents and children in the matter of dissolution of a marriage, a common law marraige and legal separation.

posted by Michelle on Mar 22

If you’re going through a divorce, you need a good attorney.  If you live in anywhere in the Denver metropolitan area, you are, no doubt,  trying to find a good divorce lawyer in Denver.  A quick internet search or glance at the yellow pages will have you practically overwhelmed with options.  So, where do you start?  Here are a few ideas that will help you in your search for a good divorce lawyer in Denver.

Who do you know?

As with most things in life, who you know can often be very instrumental in helping you find other people you need to meet for one reason or another.  Believe it or not, your current contact list is actually one of the best places to begin your search for a good divorce lawyer in Denver.  Now, you might have reservations about making your divorce “public,” especially in these initial phases.  But as commonplace as divorces are these days, odds are you have a trusted friend or relative who has been through it.  This is the best place to start.  Did this person have a divorce lawyer?  Were they happy with their divorce lawyer?  Did this person feel the divorce settlement was fair and equitable?  Is this person’s situation similar to yours?  Ask anyone whom you feel comfortable talking to, especially if they have been through a divorce themselves.  This is the best place to begin your search for a good divorce lawyer in Denver.

The Interview

A lot of people think that a lawyer is a lawyer.  This couldn’t be further from the truth.  Just like any profession, family law has its superstars and its not-so-supers.  In addition, every one has a unique style and personality.  Some of these will mesh with yours and some won’t.  You will also want to take note of your potential lawyers experience and specialty.  In other words, you don’t want to use the lawyer recommended by your best friend’s sister if they don’t specialize in family law.  Similarly, you might think twice before hiring the brand new law school graduate without some experienced supervision.Remember that you are interviewing the lawyer.  The lawyer you choose will be working for you, and you should feel absolutely comfortable with their credentials, experience, and demeanor.  You have to feel comfortable talking to your Denver divorce lawyer in order for them to deliver the best case for you.

Verify

When it’s all said and done—the contacts, the interview—now it’s time to verify the information you have collected on your potential divorce lawyer in Denver.  Here’s where the internet comes in really handy.  Do a simple search on both the lawyer and the firm you are considering and see what comes up.  Do they have good reviews?  Are their past clients happy?  Better yet, if you know someone (other than the person who initially recommended this lawyer) else who has experience with this lawyer or firm, get their opinion.   When you’ve done your “homework” in finding a good divorce lawyer in Denver, you can proceed with your divorce with confidence. Finding a good divorce lawyer in Denver isn’t difficult if you use these tips and a little common sense.

posted by Michelle on Mar 14

Seriously, the legal world can seem totally nonsensical unless you actually have a law degree.  Even then, it’s tough for “non-lawyers” to know just what kind of representation they might require in any given situation.  If you need some legal assistance, and you are wondering what type of Denver law firm can provide the type of service you need, here’s a little breakdown of some of the different types of lawyers to help you in your search.

What Kind of Lawyer Do I Need?

Lawyers typically work in a specialized area.  With large law firms, you’ll be looking for the department that specializes in your particular area of need.  With smaller firms, you might find that the entire firm is dedicated to a singe specialty. So, the first step is to determine exactly what type of Denver law firm you should be looking for.  Lawyers can generally be broken down into two main categories, and more specific areas of specialty from there.

Criminal Lawyers

This category can be again broken down into two specific areas; Prosecution and Defense.  If you’ve broken the law and charges have been filed against you, you require the services of a criminal defense lawyer.

Civil Lawyers

For most circumstances (anything other than criminal defense), a civil attorney will provide the representation you require.  Within the area of civil law, you will find the following specialties:

•    Personal Injury
•    Bankruptcy
•    Immigration
•    Family Law
•    Intellectual Property
•    Estates and Wills
•    Business and Corporate

…to name a few of the more common specialty areas of civil law.  The Denver law firm you choose should have credentials and experience in the specific area in which you require representation.  For instance, if you are trying to get a patent on an invention, you will want to consult a lawyer who specializes in intellectual property law.  However, if you find yourself going through a divorce or a child custody battle, you will require the services of a Denver law firm experience in the area of family law.

Michelle L. Walker is one such experienced attorney who can walk you through all areas of family law.  Walker Law Offices is a Denver law firm specializing in representation for individual and families who need help in areas such as:

•    Divorce
•    Legal Separation
•    Child Custody
•    Child Support
•    Adoption
•    Paternity
•    All areas of Family Law

So, if you find yourself in the position of trying to determine which Denver law firm is right for your particular situation, consider these areas of legal specialty before proceeding in your search.  Sit down, evaluate your situation, and determine exactly what kind of assistance and/or representation you need.  This will greatly help you narrow your search and greatly simplify the process of finding the best Denver law firm for your needs.  If you require assistance in the area of family law, however, look no further; Walker law offices has the experience and successful track record you are looking for.  Save your self a lot of time and aggravation searching blindly for a Denver law firm; contact Michelle L. Walker today.

posted by Michelle on Mar 13

If you find yourself requiring the services of a Denver family lawyer, chances are you’re really excited about the prospect of incurring the expense of legal representation.  Depending on your particular situation, however, ensuring that your case is handled correctly can actually save you money well into the future.  This is especially true in the case of divorces and child support cases.  In addition to these factors, your Denver family lawyer just might be more affordable that you think.

How Your Denver Family Lawyer Can Save You Money

Think about it like this; if you’re going through a divorce, you’re probably not thinking straight.  You might be willing to give away too much just to get the situation over with.  You might be in a situation where you feel threatened or coerced by your spouse, causing you to give in to demands from the other side, which are far less than fair.  Especially if you have factors to consider such as valuable property and children, you definitely have interests to be concerned with, both now and in the future.

Think about your Denver family lawyer as an investment in your future; quite possibly, even, the future of your children.  Who will get to keep the house?  Who will be responsible for which debts?  Who will pay child support to whom, and how much?  These are all decision which will be final upon the official dissolution of the marriage.  Your Denver family lawyer can help you protect your rights and keep your share.  When you put it in this kind of perspective, can you really afford not to hire a family lawyer?

How You Can Easily Afford a Denver Family Lawyer

First of all, it’s important to keep in mind that, as with anything, when it comes to hiring a Denver family lawyer, the cheapest is not necessarily the best.  On the other hand, they might be.  The best way to find out is to simply do some research.  It doesn’t take long, and it’s well worth that small time investment before investing your money in a Denver family lawyer.

The Initial Consultation

In most circumstances, your initial consultation should be free.  At this meeting, your Denver family lawyer should discuss optional fee structures with you so that you have an idea of what your financial obligation will be, and any payment options which may be available to you to help you manage the expense.  Some of these options might include:

Hourly Rate

Your family attorney’s hourly rate should be freely disclosed at the initial consultation, and they should also be able to give you an estimate of the time it will take to complete the necessary paperwork and procedures.  There are always variations possible in this estimate, as determined by unforeseen circumstances, but this should give you a pretty accurate idea of the total cost of legal representation.

Flat Fee

Some family attorney’s will work a particular type of case for a flat fee.  This is a great option, as there will be no surprises throughout the process.  Some lawyer’s do this and some don’t, and either a flat rate or hourly rate is considered fair and acceptable.

Payment Plans

Ask your family attorney if they offer the option of a payment plan.

If you need the assistance of a Denver family lawyer, don’t make the mistake of assuming that legal representation if financially out of reach.  Explore your options and protect your rights!

posted by Michelle on Mar 12

No matter what your personal circumstances, going through a divorce is guaranteed to be a tough time.  It can be emotional on many levels.  Your future is uncertain.  And, honestly, the whole legal process involved with any divorce is downright confusing.  It’s difficult to make any kind of decision with confidence and certainty during a time like this, but it’s important that you know you have options; lots of options, actually.  Here’s a breakdown of the most common ways to obtain a divorce, to help you determine if a Denver divorce lawyer is the right choice for your particular situation.

Denver Divorce Lawyer vs. Paralegal Service

If you and your soon-to-be ex-spouse are on 100% agreeable terms and you don’t have a lot of complicated assets/debts to divide or child custody/support to work out, then a paralegal service may be adequate in simply helping your prepare the necessary paperwork to legally dissolve the marriage.  This option is a sort of compromise between the “do-it-yourself” divorce and hiring the full services of a Denver divorce lawyer.  However, if you anticipate a battle, you might find yourself hiring a lawyer before the whole mess is over, anyway.  However, if upon consultation with a Denver divorce lawyer it is determined that your case doesn’t necessarily require legal representation you may be referred to a paralegal to guide you through the paperwork and court process.

The “Do-It-Yourself” Divorce

Sad, but true, divorces are so common these days that you can actually get yourself a “divorce kit.”  These are often available at your local bookstore and sometimes even for free through your local courthouse.  BEWARE, however, when you choose the “do-it-yourself” divorce option.  It won’t take long to figure out that even with a “kit,” even the simplest divorce paperwork can be totally confusing.  If you think about it, this isn’t really an area where you should be leaving anything to chance, so if you are uncertain about any portion of the process you should consider consulting a Denver divorce lawyer before proceeding.

You’ll also find lots of so-called divorce services on the internet.  Again, while this type of assistance may be right for a few individual with extremely simplified divorce agreements, use caution, as most of these services are really just a type of assisted do-it-yourself option.

Hiring a Denver Divorce Lawyer

After exploring all of the options, hiring a Denver divorce lawyer turns out to be the best choice for most people going through a divorce or legal separation.  Even if you know a thing or two about family law, this is still a really tough time to go through on your own.  Your Denver divorce lawyer can provide the guidance and support you need to make good decisions and settle for your fair share in the end.

When it comes to getting a divorce, you have a lot of options.  You also have a lot of compromising to do and decisions to make.  Where you are able to go from here could depend very much upon the agreements reached with your ex-spouse, particularly in the division of debts and assets.  Don’t take any chances.  Hire a Denver divorce lawyer to help you with your divorce.

posted by Michelle on Mar 12

Divorce is all too common these days, but that doesn’t make it any easier.  And the fact of the matter is that when you’re going through a divorce, this is an absolutely crucial time to make sure that you are looking forward to ensure your best interests in the final settlement.  You are going to be on your own again, after all.  However, when you’re in the middle of a divorce, it’s almost impossible to be truly objective—even reasonable—throughout the dissolution of the marriage.  A Denver divorce lawyer can help you through this very difficult time, simultaneously ensuring your best interest for the future and a fair settlement as the end result of the divorce.

You might be thinking something along the lines of, I can’t afford a lawyer or I can just file the paperwork myself.  It would be nice if the world of divorce was that simple.  Unfortunately, it is anything but.  It’s true that you could try a DIY Denver divorce, but it’s also true that you will be leaving yourself extremely vulnerable in the process.

So, what are your options?  And why is a Denver divorce lawyer such an important asset to have on your side?

Why a Denver Divorce Lawyer is a Good Idea

Let’s face it; when you’re going through something as life changing and traumatic as a divorce, you are not quite yourself.  Actually, you’re likely not yourself at all.  Whether you like to admit it or not the entire situation can leave you feeling hurt, betrayed, angry, even vulnerable and “out of touch” with the world at large.  Frankly, this is not a good time to be making major decisions in your life.  This is definitely not a good time to be attempting compromises and agreements with the person who is the object of your animosity.  This is where your Denver divorce lawyer can be an invaluable resource, not just for facilitating your divorce, but also for maintaining your very sanity.

How a Denver Divorce Lawyer Can Help

The legal ins-and-outs of even the simplest of divorces are still overwhelming to the average person.  It’s almost like that whole stack of papers is written in a foreign language.  Remember, the outcome of your divorce will be a large factor in the determining the circumstances under which you will begin your new life.  Is there a house involved, or other property?  Do you have children together?  From assets to debts, there should be a fair division.  This does not necessarily mean 50/50.  Your Denver divorce lawyer will help you figure out all of these things, and fight for you to get what’s fair.

When it comes to such a complex and life changing personal issue as a divorce, wouldn’t you feel more confident and comfortable with the support and assistance of a family law professional?  Of course you would.  Your Denver divorce lawyer can help you through this difficult time, and help ensure a good start for your future.

posted by Michelle on Nov 23

In what ways can a marriage be terminated?

When most people think of a termination of marriage, they think of divorce; although, this is not the only way for a marriage to be terminated.  Other ways are to get an annulment or legal separation.  There are a few key differences between each procedure.

In Denver, the legal term for divorce is the “dissolution of marriage.”  In the case of a divorce, the parties are completely separated for all legal purposes.  They must file separate tax returns, can remarry, etc.  In the case of annulment, the parties do not only terminate their marriage, they essentially pretend it never happened at all.  An annulment is filed only in particular cases, and most couples will not qualify.

Unlike annulment, divorce and legal separation do not require the spouses to meet certain requirements other than the marriage is irretrievably broken; however, in a legal separation, the terms are not permanent.  And though legal separation is not final, most end in divorce.  Ask your Denver divorce lawyer for more information about the difference between these terms and which would be best for you.

Can I get a divorce if I am just tired of being married?

It depends.  Divorce laws in the state of Colorado are “no fault.”  This means that, so long as both parties consent to the dissolution of marriage, they can be divorced.  However, they must prove to the court that the marriage is irretrievably broken.  In other words, both parties must agree upon the grounds for their divorce and these grounds substantially prove that the marriage cannot be repaired.

Given this, the short answer to the question is no.  One cannot file for divorce simply because they do not feel like being married anymore.  However, if both parties agree that their marriage is broken for a specific reason, they can bring the case to court.  A Denver divorce lawyer can assist in having your divorce accepted, especially if both parties agree to the terms.

Recent changes have been made to the divorce laws in Denver.  For more information about how this might effect your case, consult your Denver divorce lawyer.

What if both parties do not agree?  Can we still get divorced?

Though Denver divorce laws are no fault, one can still terminate one’s marital status on the basis of fault.  If a marriage is to be terminated based on the actions of a particular spouse, this case can still be heard.  However, Denver has some regulations against placing blame in divorce court.

For example, when filing for divorce, a Colorado family law court will not allow a spouse to issue evidence of wrongdoing unless is relevant to a particular aspect of the case.  In other words, abuse is relevant to a case on the issue of parenting and the destruction of a marital asset may be relevant on the basis of property division.  A spouse cannot issue evidence of a spouse’s flatulence and claim it as grounds for divorce.  Talk to your Denver divorce lawyer for more information about proving fault.

We didn’t get married in Denver, can we still file for divorce here?

It is possible to get divorced in Denver even if you did not get married in Colorado.  However, in order for the state to have jurisdiction over the case, it is necessary for at least one party to have been a permanent resident for at least 90 days prior to the court proceedings.  Talk to your Denver divorce lawyer to find out if you qualify for a Colorado divorce.

posted by Michelle on Oct 17

Divorce is not something most people plan for.  It is not something couples have in mind when they are getting married.  However, about 4 in every 10 marriages end in divorce.  And many times, the aftermath of the divorce can have severe financial consequences on one or both parties.  The problem many spouses face is that they become utterly lost once the idea of divorce is put on the table.  This can be dangerous, since divorce settlements can have lasting effects on one’s quality of life for years afterwards.  It is important to be vigilant in the preparation for a divorce.

A Denver divorce lawyer can help you in the early and later stages of the divorce process.  Your Denver divorce lawyer my suggest some of the following ways to better prepare yourself in the case of a divorce:

1. Keep Non-Marital Assets Separate
One of the first steps to take when divorce becomes imminent is to separate your non-marital assets.  In most marriages, many of the assets cannot be easily claimed by one of the parties or the other because they were gained or changed/improved during the marriage. If you are worried you may loose ownership of certain assets as a result of the divorce, be sure to gather any receipts or documents you have regarding those assets.  These will help the court proceedings run much smoother.  Your Denver divorce lawyer will have more information about the claiming of assets.

2. Establish Your Own Credit
A Denver divorce lawyer may also suggest that you establish your own credit by putting your name on any household accounts or investments.  It also helps to have a credit card in your name.  This will increase your chances of finding loans or mortgages following the divorce.

3. Review Your Financial Holdings Regularly
Be sure to keep separate records of your financial holdings whether they are in your name or your spouse’s.  This includes bank accounts, land purchases, stocks, IRA’s, etc.  Keep track of where these records are so you and your Denver divorce lawyer have access to them during the divorce proceedings.

4. Time Your Divorce
Certainly no one plans for a divorce to happen, but when you decide to separate can play a big role in various ways.  For instance, if you are the non-working spouse in a single income family, you may not earn enough money to qualify for Social Security when you hit retirement age.  However, if you are married for at least 10 years and don’t remarry, you may be able to gain Social Security based on your ex’s earnings when you reach age 62.

5. Close Joint Accounts
If you find a good Denver divorce lawyer early in the divorce process, he/she will surely suggest that you contact any joint-credit-card companies you have worked with and freeze any accounts you and your spouse share.  If you do not take this precaution, you may find yourself responsible for any new charges your spouse makes on those accounts, including divorce attorney fees.  Keep in mind that, upon closing the account, any outstanding charges must be paid.  Once again, keep track of all the records from these transactions and tell your Denver divorce lawyer about any developments.

6. Hire an Experience Divorce Lawyer
Naturally, one of the best ways to ensure a smooth divorce process (if a divorce process could ever be considered smooth) is to be sure your Denver divorce lawyer is very experienced.  An experienced lawyer will be able to steer you away from common mistakes that could have severe consequences.