Broomfield Family Law Blog

Reasons to consider a premarital agreement

On behalf of Warkentine Law Office posted in divorce & legal separation on Thursday, July 18, 2019.

Many people in Broomfield and the other Colorado communities around Boulder and Denver may have heard of premarital agreements. These may also get referred to as prenuptial agreements or even just prenups. There are, in fact, many advantages that these agreements offer, even to couples who have no plans to undergo divorce or legal separation.

For instance, premarital agreements are usually a good idea for anyone who is entering a second marriage or who has children from a prior relationship. The reason is that the prenup can clarify one's estate plan and make sure that his or her children from the prior relationship receive the inheritance that he or she wants to pass down.

Can I mediate a high conflict family law case?

On behalf of Warkentine Law Office posted in mediation on Wednesday, July 3, 2019.

This blog has previously discussed the benefits of mediation. However, some people in Broomfield, Colorado, may worry that mediation will not work in their cases because there is a lot tension between themselves and their partners.

However, mediation can work even in high conflict cases, where two people are having an exceptionally difficult time getting along. This is so even when parental responsibilities, like child custody and parenting time, are at issue. In the best case, a successful mediation can even set a better tone for the couple's relationship in the upcoming months and years.

How parental responsibilities work in domestic abuse situations

On behalf of Warkentine Law Office posted in child custody & parenting time on Friday, June 21, 2019.

The allocation of parental responsibilities, which is Colorado's name for child custody and parenting time, will ordinarily involve both parents having some decision-making authority over and time with their children.

Generally speaking, it is well-known these days that children do best when both of their parents are involved in their lives, even if the parents themselves are not living together.

Can my ex relocate with my children?

On behalf of Warkentine Law Office on Thursday, June 13, 2019.

relocation is an issue that may affect your previous divorce agreement.

After a divorce, individuals may move for a variety of reasons—including seeking new career opportunities, marrying another spouse or just wanting a fresh start. Naturally, both parents want to keep their custody and visitation rights in this situation. As the staying parent, you may naturally want to prevent your children from moving away.

Overview of legal separation in Colorado

On behalf of Warkentine Law Office posted in divorce & legal separation on Friday, June 7, 2019.

There are many people in Broomfield and the greater Boulder and Denver areas that may have a real need to live separately from their spouses. However, for moral, financial or emotional reasons, they may not wish to go through the process of ending their marriage through a legal divorce.

For Colorado residents in these circumstances, a legal separation may be their best option. Unlike a divorce, a couple remains married in the eyes of the law after a legal separation and thus is not free to marry again. On the other hand, depending on their circumstances, there may be tax, health care and other financial incentives associated with staying legally married.

We help clients navigate their high-asset divorces

On behalf of Warkentine Law Office posted in high-asset divorce on Friday, May 24, 2019.

In every Colorado divorce, a determination must be made regarding how the couple's property is to be divided among the soon-to-be ex-spouses. In some cases, this can be a struggle between the two parties that must be settled by a judge. In other cases, the parties are able to agree to a division, either on their own or with the help of a neutral mediator or arbitrator.

We recently told you about a high-asset divorce where the parties were able to agree to a property division in an amicable way. Amazon.com founder Jeff Bezos and his now ex-wife MacKenzie Bezos agreed to a property division settlement in which she received about $35 billion worth of Amazon stock in exchange for her giving her stakes in the Washington Post newspaper and an aerospace manufacturer to Jeff.

Mediation is an alternative to litigation for many divorces

On behalf of Warkentine Law Office posted in mediation on Friday, May 10, 2019.

Celebrity news sources are often full of accounts of acrimonious celebrity divorces, and we all know people whose divorces were excruciating affairs. Does it have to be this way? It may if the parties are not able to communicate with each other amicably for whatever reason. But if spouses are still on speaking terms, there may be an alternative available to knock-down, drag-out litigation. That alternative is mediation. This blog post will discuss mediation in a little more detail.

In mediation, the spouses together hire a person to help facilitate fruitful discussion between them. This person is a specially trained individual called a mediator. Mediators are neutral, meaning they do not represent either party and they are not biased in favor of either party. The mediator's goal is to help the parties create a divorce agreement that is fair, legally sound and mutually acceptable while avoiding expense and minimizing trauma, hostility and controversy during and after the process.

World’s largest divorce settlement comes with no drama

On behalf of Warkentine Law Office posted in high-asset divorce on Tuesday, April 30, 2019.

Let’s face it: most stories about celebrity divorce are a lesson in what not to do. There’s something about being wealthy and in the public eye that tends to bring out the worst in former Hollywood couples, athletes and other celebrities. The divorces often end up derailing or dragging out due to petty feuds over financially insignificant property.

In light of this, one recent celebrity divorce seems especially noteworthy for its amicability, efficiency and lack of drama. Ironically, the divorcing duo are among the wealthiest people in the entire world: Jeff and MacKenzie Bezos.

Same-sex divorce: What is its history and current status?

On behalf of Warkentine Law Office posted in same-sex divorce on Friday, April 26, 2019.

Same-sex couples cheered the recent legalization of same-sex marriage, but what not everyone realized is that the advent of same-sex marriage also means the advent of same-sex divorce. Not all marriages work out for the spouses. Today, due to the 2015 ruling of the U.S. Supreme Court in Obergefell v. Hodges, all same-sex couples are allowed to marry and divorce in all states according to the state's usual rules of marriage and divorce. Before this ruling, however, there was a confusing patchwork of rules governing same-sex divorce.

The Defense of Marriage Act, enacted in 1996, permitted states not to recognize same-sex marriages performed in other states. This meant that if a same-sex couple married in a state that permitted same-sex marriage, then moved or returned to a state that did not, they probably would not be able to get a divorce in their state of residence.

An introduction to child custody and how courts award it

On behalf of Warkentine Law Office posted in child custody & parenting time on Thursday, April 11, 2019.

After a divorce or separation, at least one of the parents usually moves out of the family home, so a decision must be made about how much parenting time the children should have with each parent. Legal rules and legal standards exist that govern how these kinds of child custody decisions are made. This blog post will provide some basic information on how child custody decisions are made by family law courts in Colorado.

First of all, there are two kinds of custody recognized in family law courts. A parent with physical custody is the parent with whom the children live. Sometimes the parents are awarded joint custody, where the children spend an approximately equal time with each parent. Other times, the court will award one parent primary custody, in which case the other parent is usually awarded visitation.