If I Get Divorced. Will I Lose My Retirement/ 401K?

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Are There Alternative Options To Divorce?

Well, yes and no. There is a provision for a legal separation. Basically you have to go through the same steps as you do if you’re getting a divorce. You have to fill out the sworn financial statement. You have to try to arrive at a financial settlement and...
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What Happens Post Divorce?

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Can A Child Decide What Parent They Want To Live With?

Well, the answer to that is yes and no. First off, it depends on the age of the child. If the child is under 13 years of age, generally we feel like the child is too young to decide which parent they want to live with. If the child is reasonably mature and generally a...
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Denver Alimony / Modify Maintenance

Individuals often want to know if it is possible to modify the original agreement or Court order for maintenance?

Maintenance can be modifiable or non-modifiable depending on the wording of the original divorce documents. The parties can agree that Maintenance is non-modifiable by stating it clearly in the final divorce documents.

If there is no wording in the final divorce documents that makes maintenance non-modifiable then it is possible to modify it under certain circumstances. On a Motion to Modify Maintenance, the Court must find a “substantial and continuing” change in circumstances, which renders the original amount unfair.

Any change in circumstance will not suffice; rather, the Court must determine that the new circumstances make the current maintenance unconscionable for the party paying it.

As with the original determination of maintenance by the Court, the standard is rather subjective and smart advocacy by your attorney along with convincing facts is required to convince the court that a change is warranted. Knowing the tendency of the family law court judges is also an important part of developing the right strategy for a Modification of Maintenance.

If you would like to ask one of our attorneys a question about modifying maintenance or skip that step and come in for a consultation, we encourage you to do so sooner rather than later. The longer you wait to speak with a Colorado family law attorney the higher your chances are of inadvertently giving up your legal rights.

What makes Lewis & Matthews a better choice to help you with your Colorado maintenance?

If I Get Divorced. Will I Lose My Retirement/ 401K?

...
Read More

Are There Alternative Options To Divorce?

Well, yes and no. There is a provision for a legal separation. Basically you have to go through the same steps as you do if you’re getting a divorce. You have to fill out the sworn financial statement. You have to try to arrive at a financial settlement and...
Read More

What Happens Post Divorce?

...
Read More

Can A Child Decide What Parent They Want To Live With?

Well, the answer to that is yes and no. First off, it depends on the age of the child. If the child is under 13 years of age, generally we feel like the child is too young to decide which parent they want to live with. If the child is reasonably mature and generally a...
Read More