Myth #2: Property Is Always Split 50/50
Many people believe that all property is split equally between the two spouses. In reality, marital property is split equitably, meaning that it has to be fair, but does not need to be equal. Generally speaking, the court will look at each spouse’s economic circumstances, as well as any factors which impact children, when determining the division of property. Additionally, property which is deemed “separate,” such as a car owned before the marriage, will not be subject to division.

Myth #3: Mothers Will Always Get Primary Custody
This is a myth which is rooted in fact. Many years ago, it was highly uncommon for a father to be granted custody over children in a divorce, even if their mother is unable to care for them. These days, the court will grant custody in “the best interests” of the children, and fathers routinely receive primary custody.

Myth #4: It’s Best to Hide Your Assets
This myth could not be further from the truth. The court will almost undoubtedly find out about your hidden assets, and may even punish you for trying to hide them. The best thing to do is to be as up-front and honest as possible about all your assets.

Myth #5: Men Will Always Have to Pay Child or Spousal Support
This is another myth that was once true, but no longer carries any weight. These days, it is possible for both the mother and father to be ordered to pay child support payments. Likewise, alimony can be ordered for both men and women, and is now based on current earnings and earning potential, rather than gender.

Getting divorced? Call our firm today for your free case evaluation.

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Don’t Use Your Children as Therapists or Spies
Divorce is especially difficult on children, but can be made even tougher if one or both parents use them as a sounding board. While you may have serious issues with your spouse, you should not bring your children into the middle of your dispute. Do not use them to collect information on your spouse, or attempt to sway their opinion of the other parent.

Don’t Attempt to Hide Property
It is very common for individuals to hide property, or “give it away” with the intention of retrieving it later. This rarely works out well. If the court finds out that you are attempting to hide property, you could face incarceration, a dismissal of your claims, and additional fees.

Don’t Violate Any Court Orders
During a divorce, it’s common for a judge to issue temporary custody or visitation orders. It is a very bad idea to violate these court orders, as it can make it extremely difficult to get the custody or visitation rights you desire. Unless you have reason to believe that your children are in danger, it’s best to follow the court order to the letter.

Don’t Let Your Emotions Control You
This is perhaps the most important “don’t” of divorce. Divorce is an extremely stressful process, and it’s very normal to feel angry and upset at your spouse. However, it’s crucial that you don’t make decisions based on emotion–while you may feel better for a moment, there is nothing to be gained from this behavior.

Getting Divorced? Call (303) 495-5757 Today.
At Peek Vasquez, LLC (former Peek Family Law, LLC), our skilled Denver divorce attorney can help guide you through this difficult time. Our firm proudly provides personalized, comprehensive legal solutions which are aligned with our clients’ desired results. Attorneys Sean Peek and Ricardo Vasquez have extensive experience in a variety of family law matters, and can assist you with all aspects of your divorce including child custody, child support, alimony, and more.

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1. They Are Logical
In family law cases, it is absolutely crucial to choose a Denver family law attorney who can think logically. In contentious cases like divorce or child custody, your lawyer needs to be able to advise you of your best interests at a time when you are likely overcome with emotions. A logical lawyer has the tools to put together clear, effective legal strategies.

2. They Are Creative
Legal matters are rarely black or white, and this is especially true for family law. For example, child custody matters are often decided based on the “best interests of the child,” but this is very subjective. It’s important to have a lawyer on your side who can develop creative solutions to the challenges you may face, and who can think on their feet.

3. They Are Well-Spoken
An attorney’s ability to talk is often their greatest weapon. This is true in the courtroom, and is equally true in mediation and other negotiations. You want a lawyer who can communicate clearly and effectively to make sure your voice is heard.

4. They Are Compassionate & Friendly
This one is a bit more specific to family law – in matters of criminal defense or business litigation, you may want a lawyer who is cold and calculating, not warm and friendly. In a divorce or child custody matter, however, you want an attorney who understands your goals, your desired situation, and your concerns. A lawyer who will take the time to listen is typically a lawyer who cares about helping you resolve your legal issues.

5. They Are Knowledgeable
The family law matters you may be facing can impact the rest of your life, in many ways that you may not expect. It’s important to have an advocate on your side who understands how these matters will affect you. A good Denver divorce attorney will advise you as to the best course of action at every step of the process.

Don’t settle for subpar representation. Contact us today to schedule an initial consultation

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Time Saver
In uncontested divorces, both parties are normally in agreement of most of the terms of the divorce. This results in much less time and paperwork, which streamlines the entire process and minimizes the room for errors to be made. While a contested divorce can typically take several months or even longer, sometimes the process for an uncontested divorce can be done much quicker.

Lower Level of Conflict
If preserving a civil relationship between you and your ex-spouse is important, an uncontested divorce is most likely your best option. The process fosters a more cooperative environment that allows for open discussions to take place. While it’s unrealistic to assume that no conflicts will arise between you and an ex-spouse, the amount of disputes significantly decreases in an uncontested divorce.

Confidential
The last thing you want when going through a divorce is for your information to be made public. Divorce proceedings and procedures are typically thought of as private and closed meetings, but when taking a divorce to court, documents outlining your financial and personal information becomes a public matter and is eventually made accessible through county records. In a divorce that is uncontested, less paperwork is filed which results in less information to be made public.

In need of a Denver divorce lawyer? Contact us to schedule a case evaluation.

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My Spousal Maintenance Payments/Awards Depend Entirely on my Lawyer
While it is undoubtedly important to retain a skilled Colorado divorce lawyer when going through divorce proceedings in order to obtain the best settlement you can, there are legal precedents set in place for determining alimony awards. You should always speak with a skilled lawyer if you have any questions regarding your eligibility to make or receive payments and determine if your unique income situation qualifies you for any special considerations.
Colorado’s courts treat alimony payments as rehabilitative, giving one spouse a chance to improve their life by finding a new place to live, further their education, or in some way improve their livelihood in order to be better prepared for life without the income of their former spouse. Formulas are in place to help determine these payments, but a judge has the power to address special circumstances.

My Spousal Maintenance Settlement is Final
This is false. Spousal maintenance awards can be adjusted or even terminated due to a change in circumstances. For example, if the recipient of spousal maintenance is able to get a job and adequately support themselves and their quality of life, then both parties may agree to terminate the payments early. Likewise, many spousal maintenance awards terminate if the recipient remarries.

Men are the Only Ones who Pay Spousal Maintenance
Men are not the only ones who work, and in many households, are not the primary income earner. Thus, men can receive alimony payments. The spousal maintenance formula for Colorado couples factors in individual income, the length of a marriage, and property ownership and allocation, but makes no reference to any gender restrictions for either side of an arrangement.

Common Law Marriages Don’t Have Spousal Maintenance
Common law marriages are somewhat of a grey area in Colorado law, as there is no defined amount of time two people must be together before their union may be considered marriage by common law. The biggest factor in these cases is whether there is an agreement and general assumption of marriage to the public. Filling a joint tax return, having a combined bank account, or filing for married benefits with insurance companies can even constitute a public assumption of marriage and subject the higher income earner to make spousal maintenance payments should the couple split up.

Peek Vasquez, LLC is a Denver family attorney specializing in all matters of family law, including adoption, divorce, custody, and many other matters. A graduate cum laude from the Tomas M. Cooley Law School, Attorney Peek has the knowledge and insight to help you with whatever your family legal needs may be.

If you have a question pertaining to your legal options or would like to have your case evaluated, contact Peek Vasquez, LLC (former Peek Family Law, LLC) online or by phone at (303) 495-5757 today.

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Keeping Your Possessions
The spouse who stays in the home is in no way guaranteed to be the spouse who gets to keep the home after the divorce is finalized. In fact, Colorado law tends to side more with the spouse who has the legal responsibility for the home, including having their name on the mortgage and their utility bills. When the spouse responsible for these burdens cannot afford them, the court will often order some form of temporary maintenance during the divorce, particularly if that spouse is not the higher-earning spouse.
Keeping the home afterward is also open to negotiation. One spouse can request to keep the home, but may have to concede on a number of other points in order to make a fair divorce agreement. Likewise, the things within the home itself, such as furniture, may be taken away, as well as any mutual possessions that are given away as part of the concession.

Child Custody
During a divorce, the court may opt to create a temporary child custody order in order to help the children’s lives remain stable. This can be seen as an advantage to the parent who remains in the home for child custody, but not always. Making an agreement in writing that the parent who is moving out is not giving up any rights to child custody is one way to ensure you maintain your rights. If you cannot obtain one of these agreements, you can ask the court to establish a temporary parenting schedule, which also helps maintain your rights to child custody.
If you need assistance with your divorce case, seek assistance from a skilled Denver divorce attorney. At Peek Vasquez, LLC (former Peek Family Law, LLC), attorneys Sean Peek and Ricardo Vasquez help you shoulder the emotional burden by removing some of the stress and uncertainty from your divorce. When you trust your case to Attorneys, you can be sure that your case is in the hands of an attorney who is up to date on the latest laws and case results, allowing us to fight to protect the best interests of you and your family in the most optimal manner.

Call Peek Vasquez, LLC today at (303) 495-5757 and schedule your case evaluation with our firm.

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Remember to Reassure
During the divorce transition, reassuring your child that he or she is still loved by both parents is extremely important. If you can’t promise that everything will remain the same, then don’t promise it. There will be differences in everyone’s lives once the divorce is finalized, and there is no use tip-toeing around the inevitable.

Keep the Discussion Open
There will be times when your child won’t want to discuss the divorce or talk to either parent regarding their separation, and you should let them have that time. Even if your child doesn’t have questions or comments right away, it’s not to say there won’t be any in the future. Keeping the discussion open allows your child to feel welcome to come to either parent to discuss how they’re feeling when they’re ready.

Establish a New Routine
A big part of every child’s life is their day-to-day routine, which can be greatly disrupted once divorce is on the table. Take the initiative and establish a new routine early on, and make sure it’s consistent. During the transition, it’s common for children to test the boundaries and behavioral rules. Be firm, but loving. As a parent, you can show that regardless of situation, you and your child will get through it as a family.

Filing for divorce and need help understanding your rights? At Peek Vasquez, LLC (former Peek Family Law, LLC), our dedicated Denver divorce attorney can ensure that you not only understand your rights, but that they’re protected. Contact us today to schedule your consultation

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Keep Your Kids First
Arguably your most important challenge during the new holidays is helping your kids become comfortable with their new “normal” holiday celebration. This includes giving them a voice in the decisions you make regarding the holidays. Listen to your children — if they have certain desires that are within reason, then be flexible and do your best to accommodate them. Consider their favorite traditions of each holiday and do your best to allow those to continue. Familiarity is a great way to show your children that even though the living situation may have changed, their family situation doesn’t have to.

Coordinate a Schedule
Keeping your kids first will require a good amount of flexibility of both you and your spouse in terms of your schedules. Communication and cooperation are key to maintaining a coordinated schedule. A stable schedule can help give kids an idea of what to expect over the holiday season and who they’ll be seeing and when. Rather than dread the unknown, this gives children the chance to start to look forward to seeing their family members. You can make this schedule as specific or general as you see fit, but be sure to establish one and stick with it.

Don’t Compete
The holidays are not a time to compete with your spouse over your children, and in reality this will only make the experience worse for everybody. Rather than keep your gift plans secret from your spouse, coordinate with them to avoid any duplicate gifts. This can also help set a budgetary constraint that will prevent either of you from breaking the bank over the holidays. Money is usually tight after a divorce, and you definitely don’t want to have to declare bankruptcy as a result of trying to out-do your ex. It’s also important to teach your children that both of their parents are important to them, and competing usually defeats that message.

If you need assistance with your own family law matter, contact Peek Vasquez, LLC (former Peek Family Law, LLC) today. Attorneys Sean Peek and Ricardo Vasquez understand the importance of quality representation in your divorce case, knowing that the outcome will affect you and your family for many years to come. Whether you need assistance with a divorce, child custody, spousal maintenance, or any other family law issue, let Attorneys stand up for your best interests.

Call Peek Vasquez, LLC to schedule a consultation today by dialing (303) 495-5757

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This notice must include:

• The requesting parent’s intent to move
• The location they plan on moving to
• The reasons for moving
• A proposed new parenting plan and schedule

This request must also be filed in Colorado family court, which in turn will determine if the relocation is in the best interests of the children involved. Will the move improve their lives? Will it inhibit their ability to see one parent? Is the move designed to prevent the parent who does not have the majority custody over their children from having access to them? These are all questions the court will consider before coming to a decision on the permissibility of the relocation.

Determining a New Parenting Plan
In the event of objections from the other parent, a new parenting plan will have to be created through the family mediation process. This will likely change the amount of visitation both parents have, as well as responsibility for travel and could potentially also impact things such as spousal maintenance if any additional expenses will occur. In any case, it is important for both parents to work together to come to a decision that benefits the family as a whole, particularly the needs of the children who will face a significant change in their upbringing as a result of a relocation.
It is strongly advised that any parents seeking relocation or who harbor objections to a relocation request secure the services of a family attorney who can represent the best interests of your family and stand up for your rights as a parent in order to determine the best possible outcome in a relocation case.

Peek Vasquez, LLC (former Peek Family Law, LLC) has provided numerous families with strong legal representation in a number of different family law cases. Attorney Sean Peek is a published author and trusted source of information for legal advice. His tenacious approach to each case ensures a quick resolution to each case while efficiently achieving the best possible results for his clients.

To retain the services of Peek Vasquez, LLC (former Peek Family Law, LLC), call our Denver office at (303) 495-5757 or contact us online today to request an initial case evaluation from our reputable lawyer.

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All of this then goes out the window once the couple ties the knot. Had Sally and Jay completed their wedding before news of the affair broke, the ring would be Sally’s to keep, as she had completed the conditions of the gift.

If you need assistance with a family law issue, including possession of valuable property during a divorce, call a skilled Denver family attorney to review your options. Attorneys Sean Peek and Ricardo Vasquez of Peek Vasquez, LLC (former Peek Family Law, LLC), have extensive experience helping Colorado residents navigate through the strenuous path of a family law issue, and have developed a proven technique for providing compassionate, caring counsel with aggressive and impactful litigation.

Call Peek Vasquez, LLC (former Peek Family Law, LLC) today at (303) 495-5757 to schedule your initial consultation for all of your family law needs!

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