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Parker Law Blog

Understanding the difference between legal and physical custody

Couples facing the prospect of divorce in Colorado may feel like they have entered a brave new world with an entirely different language. The legal jargon associated with divorce is confusing for most people. Misconceptions about what the law really requires as well as your rights and responsibilities as a parent can lead to people making mistakes in how they approach divorce and child custody.

One of the most common issues is a failure to understand the jargon used regarding custody. Colorado courts no longer refer to custody. Instead, they allocate parental rights and responsibilities, which they outline in a parenting plan. In most scenarios, the courts split rights and responsibilities between both parents.

Talk to a professional before filing for personal bankruptcy

When overwhelming debts begin to influence the decisions that Parker residents make about their finances and futures, it may be time for them to take big steps to remedy their economic woes. There are a number of ways that individuals may seek to improve their financial standing on their own, but when their problems are too big to manage on their own they may need to look into legal options like personal bankruptcy. There are two forms of personal bankruptcy that individuals often use to improve their debt situations: Chapter 7 bankruptcy and Chapter 13 bankruptcy.

Each form of bankruptcy has different qualification requirements and different advantages and drawbacks. Some readers of this legal blog may just be learning that "bankruptcy" can mean more than one thing, and may require different obligations of different debtors. Because bankruptcy law is complex and can impose significant requirements upon those who seek to use it to better their debt problems, it is important that they understand what they are getting into before they start the process.

Physical custody is only one aspect of parental responsibilities

Losing daily facetime with one's child can be the hardest aspect of divorce or separation for a Colorado parent. An individual may be used to picking their child up from school each day and having time to love and communicate with them in the comfort of their own home. When the end of a marriage threatens a parent's capacity to be with their child, they may worry about how they will maintain their connection with their kid.

Many parents fixate on how the physical custody of their children will be determined by the courts. This aspect of custody relates to where a child will live. It can be shared by both parents or assigned exclusively to one parent during a separation or divorce. However, parental responsibilities can also concern the rights of a parent to be involved in important decisions that will affect their child, as well as time they may secure with their child in the form of visitation.

What are foreclosure scams?

When a Colorado resident is facing the potential loss of their family's home, they may become desperate to save it from foreclosure. While some organizations and entities work for the good of consumers to keep them in their residences, opportunistic individuals and businesses sometimes seek to prey on those who are facing significant financial perils. These types of entities are responsible for subjecting home owners to foreclosure scams.

Foreclosure scams can take on many different forms. For example, an opportunistic lender may offer a person a different lending package in exchange for the person signing the deed to their home over to the new lender. That lender may then treat the home as their own property and the person may find themselves evicted from the property.

A prenuptial agreement can change the outcome of a divorce

Recently, Amazon CEO Jeff Bezos and his wife announced that they will end their marriage. The couple has been married for 25 years and share several children. What makes their divorce unique and somewhat interesting to millions of Americans is the fact that Bezos has also been named the richest man in the world.

Wealth and the division of assets can be contentious issues during divorces, and some couples attempt to avoid challenges in these areas by executing prenuptial or post-nuptial agreements. These agreements allow couples to establish financial and property-based decisions before or during their marriages so that their divorces, should one occur, may run more smoothly.

How to identify separate property during a Colorado divorce

Not long ago this Colorado family law blog offered a post to its readers regarding what it means for the state to operate under equitable distribution principals of law for the purposes of dividing marital property. When a court uses equitable distribution to decide which partner will take particular items of marital property it relies on fairness to guide its decisions. Courts can therefore have a lot of power when it comes to deciding who will become the owner of property previously owned by both partners.

Though marital property is subject to division during a Colorado divorce, separate property generally is not. It is important that individuals understand what separate property is so that they can protect it as they move toward marriage dissolution.

Issues you need to address in your Colorado parenting plan

Shared custody arrangements, also known as co-parenting arrangements, are the most common outcome in modern Colorado divorces. Spouses ending their marriage can anticipate sharing custody with their ex.

The Colorado courts understand that divorced couples are likely to disagree about how they approach parenting. Everything from the division of parenting time to parental expectations for the children can cause conflict between the parents. That potential conflict is exactly why couples need to create a thorough parenting plan during their divorce proceedings.

Help your children cope with the divorce

Going through a divorce means having to adjust various aspects of life. This is difficult for adults but it is also very tough on children.

In part, your child's unique personality and development will impact how they process the coming life changes. However, children tend to look mostly to their parent's behavior for guidance through unfamiliar situations.

How are Chapter 7 and Chapter 13 bankruptcy different?

While some people may believe that bankruptcy is a single process for anyone who wants to pursue it, in reality there are many different bankruptcy options available under the law. Depending upon whether it is a Colorado resident or business that wants to file, as well as their ability to meet the qualifications of their desired bankruptcy path, a person may end up engaging with bankruptcy in a very different way from someone else. This post will discuss two of the most common forms of personal bankruptcy and what makes them different.

Chapter 7 bankruptcy is sometimes called liquidation bankruptcy. This is because individuals who use it often have to sell off or liquidate their assets in order to generate money to pay off their creditors. However, any remaining debt may then be eliminated. This means that individuals with incomes and the means to pay off their debts often do not qualify for this drastic form of bankruptcy.

A review of a possible Colorado divorce timeline

Every divorce is different. As such, it is important that readers of this blog understand that the schedule their divorce follows may be different from the one outlined in this post. This post is provided to highlight for its readers the many important and divergent matters that couples must work through in order to end their marriages. Since every marriage follows its own course, readers are reminded that this post is informational and should not be used as specific legal guidance.

Generally, a divorce begins when one or both of the parties to a marriage decide that they want to end their legal relationship. They may contact their attorney to prepare the proper pleading to file with the court that explains why they want to terminate their marriage. This step is rather technical, as divorce pleadings must meet certain procedural requirements.

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