Parker Law Blog

Not everyone knows that there are different options for individuals who wish to file for bankruptcy. "Bankruptcy" is actually a set of different legal paths that may allow individuals to relieve themselves of their debts and help them start their financial lives with fewer obligations. Before a Colorado resident throws themselves into the bankruptcy courts, they should be sure they understand the different requirements that they will face for their different bankruptcy options.

For example, Chapter 7 bankruptcy does not allow individuals with certain levels of income to use it protections to become debt free. Individuals who have enough money to pay off some or all of their debts must use Chapter 13 bankruptcy and its reorganization scheme to work through their outstanding loans.

Getting a divorce can be a difficult process for a Parker resident, especially when they must manage the health and happiness of their children as well as themselves during the dissolution of their marriage. The decision to file for divorce may not be an easy one and when the time comes to file the proper pleadings with the court, an individual may not be sure of just what to do. Working with a trusted attorney is a good way to avoid issues as a person moves through their divorce.

When it comes to preparing a pleading, though, Colorado residents can take comfort in knowing that only one grounds for divorce is recognized in the state: the irretrievable breakdown of a marriage. This no-fault basis for ending a marriage is the only thing that a person must demonstrate in order to secure the legal severing of their relationship to their spouse.

Sometimes when a child in Colorado is born to unmarried parents who are no longer in a relationship with one another, it may be assumed that the child's mother will receive primary parental responsibilities, also known as child custody. However, unmarried fathers can also seek parental responsibilities or parenting time, also known as visitation. There are certain steps that must be completed in order to do so.

First, the father must establish paternity. One way to do this is to fill out and sign a form at the hospital where the child is born known as an "Acknowledgment of Paternity," and then file that form with the appropriate agency or court. Another way to establish paternity is through DNA testing. DNA can be collected from a cheek swab of the alleged father and child, to see if there is a match. If so, the court may issue a ruling that the man is the child's biological father.

It is not unusual for spouses in Colorado to have significant assets coming into a marriage, particularly if they marry at an older age. For example, they may own a home or business prior to getting married. However, what happens to these assets should the couple later divorce?

In general, assets obtained during the course of the marriage are marital assets and are included in the divisible estate should the couple divorce. If a party owns a piece of property prior to getting married and keeps it wholly separate during the course of the marriage, should they divorce they will retain that property as a separate asset, and it will not be subject to property division.