At Oliver Law LLC, we understand the importance of family, and we will do everything we can to help you resolve your legal issue. Whether you are going through a divorce, struggling to resolve child custody issues, or domestic violence, one of our experienced family law attorneys can help you protect your rights.
Oliver Law is dedicated to helping clients navigate and solve complicated legal problems. Driven by compassion, courage and commitment, we offer a more economic alternative to traditional legal fees and rates.
If you have a family law problem in Colorado, call 970-419-8223, or contact us online today.
Any child under 18 years of age may be adopted if the child is legally available for adoption and is present in the State of Colorado. A person between 18 and 21 years of age may be adopted upon approval of the court. A child who is 12 years or older must provide written consent to an adoption.
ALLOCATION OF PARENTAL RESPONSIBILITIES
Orders entered after a February 1, 1999, statutory amendments will allocate parental responsibilities “including parenting time and decision-making responsibilities in accordance with the best interest of the children. A case to allocate parental responsibilities may exist without a marriage pursuant to C.R.S. § 14-10-123. It is not required to be incidental to a dissolution of marriage and can be initiated by someone other than a parent. The parental responsibilities case must be initiated in the county where the child is a permanent resident or where the child is found.
ANNULMENT (DECLARATION OF INVALIDITY)
A declaration of invalidity may, under particular facts, be an appropriate remedy. This proceeding, commonly referred to as an “annulment,” may be used when the marriage was not valid when entered. Generally, a marriage contracted in another jurisdiction, and valid under its laws, is valid in Colorado.
The recovery from abuse is often a lifelong process. Child abuse and abuse allegations can affect the parenting time and decision-making responsibilities of each parent. Clooney Absuse PSA.
Although older cases will continue to provide for sole or joint custody of minor children until modified, orders entered after a February 1, 1999, statutory amendments will allocate parental responsibilities “including parenting time and decision-making responsibilities in accordance with the best interest of the children. Allocation of parental responsibilities are matters to be determined within the sound discretion of the trial court.
Child Support may be obtained pursuant to C.R.S. §§ 14-10-115 and 19-6-101, after a determination of paternity. The court may order either or both parents owing a duty of support to a child to pay an amount reasonable or necessary for the child’s support.
Either party must reside in Colorado for at least 30 days prior to the filing of the Petition or the civil union must have been performed in Colorado. To obtain a declaration that your civil union is invalid, you need to prove the invalidity of the civil union based on the criteria set forth in §14-10-111, §14-15-104, §14-15-105, or §14-15-106, C.R.S. If there are matters or issues that you and your partner cannot resolve, mediation or other forms of alternative dispute resolution may be an option.
COMMON LAW MARRIAGE
The parties must have (1) intended to be married, and (2) represented to the world (“held themselves out”) that this is their status. Since this is often a contested issue, the existence of evidence outside the testimony of either party is essential. If there is a common law marriage, then a formal decree of dissolution of marriage must be obtained pursuant to C.R.S. §§ 14-10-101
Either party must reside in Colorado for at least 91 days prior to the filing of the Petition. Any children must reside in Colorado for a minimum of 182 consecutive days prior to the filing date or since birth if under six months of age. An automatic temporary injunction will be in effect upon the filing of a Co-Petition or upon service of the Petition and Summons on the Respondent. If there are matters or issues that you and your spouse cannot resolve, mediation or other forms of alternative dispute resolution may be an option. There is a mandatory 91-day waiting period before the Court can enter the divorce decree.
A grandparent may obtain parenting time rights pursuant to C.R.S. § 19-1-117 when there is or has been a child custody case. There has been a great deal of recent activity in this area of law.
A parent, or a guardian of a minor, may delegate to another person, for a period not exceeding 12 months, any of his or her powers regarding care, custody, or property of the minor child or ward (except consent to marriage or adoption of a minor ward) pursuant to C.R.S. § 15-14-105.
The court can enter an award of property division, debt allocation, maintenance, allocation of parental responsibilities, and child support under such action, just as in a dissolution of marriage action. After a decree of legal separation is entered, neither party may remarry and certain benefits may still remain available under insurance policies, pension plans, etc. The date the parties physically separate is not a legal separation. A legal separation may be appropriate in cases where a dissolution of marriage is inconsistent with religious orientation. It may also be an option where the parties are seeking to preserve certain estate planning, pension benefits, insurance coverage, or other such monetary matters.
MAINTENANCE, PROPERTY DIVISION, DEBT ALLOCATION
A court may have jurisdiction to address these issues even if the parties were never married. This may be accomplished through several legal theories, including Partition; Implied Contract; Express Contract; Quantum Meruit /Unjust Enrichment; Constructive Trust; and Resulting Trust.
An order establishing paternity of a child may be obtained pursuant to C.R.S. §§ 14-5-701 and 19-4-101, et seq. This is an area of law in which it is anticipated that there may be substantial legislative changes in the near future.