I’m about to married, how should I prepare?

Planning a wedding can be exciting and fun, but preparing for marriage is about more than a wedding. Perhaps you are attending church or personal marriage counseling sessions or a pre-marriage course. These are often helpful for couples planning their future. However, while planning for marriage it is also a good idea to contemplate the potential the marriage could result in divorce. This may seem unromantic or pessimistic, but it is something every couple should at least contemplate because contemplating this possibility can help you determine if a pre-nuptial agreement is right for you.  Pre-nuptial agreements are a particularly good idea if one or both parties enter the marriage with property or even debts that they want to ensure are not treated as martial property in a divorce. However, pre-nuptial agreements cannot address child custody and a court will treat any such provisions as void. Smith, Shellenberger, and Salazar LLC, can help you draft the appropriate agreement for your situation.

Also note that having a pre-nuptial agreement does not automatically mean it is enforceable, or that it applies to all the property your spouse claims it does in a divorce. If you believe that your pre-nuptial agreement might not be enforceable or have concerns about the enforcement of the agreement in an upcoming divorce you should consult an attorney as these are often difficult legal arguments to understand and to raise in court. If you have questions about the enforcement of a pre-nuptial agreement in an upcoming divorce please feel free to schedule a consultation with our attorneys.

 

What happens if my ex-spouse wants to move with our child?

Many people find that after a divorce they need to relocate out of state for work or personal reasons. Obviously such a move usually has a significant impact on the parties parenting plan. Because it has the potential to negatively impact the other parent’s relationship with the child the court has to balance the party with primary parenting time’s right to move with the other parent’s right to parenting time with their child.

When the majority parenting-time parent, or a parent with equally shared parenting time wishes to relocate with the child to a location that substantially changes the geographical ties between the child and the other parent, C.R.S. 14-10-129(1)(a)(II) dictates that parent seeking relocation must, give the other parent and the court notice including:

  1. Written notice of the intent to relocate,
  2. The location where the party intends to reside,
  3. The reason for the relocation, and
  4. A proposed revised parenting plan.

 

If the other parent is opposed to the relocation or the new parenting plan, that parent will file its opposition with the court. Regardless the court will hold a hearing on the relocation, to determine whether the relocation and parenting plan proposed are in the child’s best interest.

Pursuant C.R.S. 14-10-129(2)(c) the court considers a number of factors in a relocation hearing including:

  1. The reasons why the party wishes to relocate with the child;
  2. The reasons why the opposing party is objecting to the proposed relocation;
  3. The history and quality of each party’s relationship with the child since any previous parenting time order;
  4. The educational opportunities for the child at the existing location and at the proposed new location;
  5. The presence or absence of extended family at the existing location and at the proposed new location;
  6. Any advantages of the child remaining with the primary caregiver;
  7. The anticipated impact of the move on the child;
  8. Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
  9. Any other relevant factors bearing on the best interests of the child.