Family Law Frequently Asked Questions
In more than 15 years representing people in divorce and family law throughout the Denver metro area, Centennial attorney Ken Brock of the Law Offices of Kenneth Brock has encountered many of the same questions on people’s minds as they consider dissolving their marriage. Here we provide answers to some of those commonly asked questions. If you have other questions or need specific advice or representation in a particular legal matter, please do not hesitate to contact us.
Q. What are the legal requirements to file for divorce?
A. At least one of the spouses must have been domiciled in the state for at least 91 days before either spouse can begin the divorce process by filing a petition for a dissolution of marriage with the appropriate county court. It is not necessary to claim or prove that one party is at fault for causing the marriage to fail. Colorado recognizes no-fault divorce and will grant a divorce when it is shown that the marriage is irretrievably broken, meaning that there is no chance for reconciliation between the spouses.
Q. Do the children have a say in which parent they want to live with?
A. The court in most cases does consider the wishes of the child, and in general the desires of older children are given more weight in the decision-making process. However, the wishes of the child is only one factor out of many, including of course the wishes of the parents. Ultimately, the court will make the decision it believes is in the child’s best interest, whether the judge awards sole custody with or without visitation or some form of joint custody and shared parenting time.
Q. I signed away my right to receive child support in a prenuptial agreement. Will this agreement be enforced against me?
A. No. Prenuptial agreements may not affect the right to receive child support. Any provision in a premarital agreement affecting child support or child custody is void. Most valid prenuptial agreements focus on spousal maintenance, the division of property and a few other issues. There are many requirements that must be followed to make a prenuptial agreement valid and enforceable. Be sure and let your divorce attorney know if there is an existing prenuptial agreement that could affect your divorce.
Q. What is Limited Scope Representation?
A. Limited scope representation, also known as unbundled legal services, as a way for you to afford high-quality legal services by only paying for the exact services you need. Let’s say you are getting a divorce. Typically, you would hire an attorney who would advise and represent you through every step of the proceeding, which may end up costing a few thousand dollars. But if your divorce is uncontested or mostly uncontested, then it is possible that you could complete much of the process on your own. Although you would still benefit from guidance and support from your attorney, you may actually only need your lawyer to draft some of the papers or make a court appearance, to make sure the divorce is granted in accordance with your wishes. By unbundling legal services and only representing you in a limited scope, we can provide you with the exact legal help you need at the lowest cost available by a qualified and competent family law attorney.