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Littleton Divorce Law Blog

Your autistic child requires careful estate and trust planning

Parents typically want to provide for a comfortable and safe future for their children. This is often a significant factor in why individuals create an estate plan or last will well before they expect to pass on. That way, in case of a sudden medical event or accident, your family will be protected.

When your child has autism, it is even more important to take steps to protect him or her after you pass. Although autism is a spectrum, a substantial number of children who have autism will continue to need special care and guidance throughout their adult life. This knowledge can weight heavily on parents.

Understanding grandparents' rights in Colorado

Grandparents often feel left out of their grandchild's life during family law matters. The challenges of seeing your own grandchildren can leave you full of worry and fear that you may never see them again. During this difficult time, it is important to remember that you have rights as a grandparent.

Understand your rights

Grandparents have rights in Colorado in many situations involving their grandchildren. These scenarios can include during divorce, legal separation, annulment, child custody disputes, paternity and probate cases involving a guardian.

Don't die without a will: Here's why you need one

Do you have a will? If you don't, you are not alone. Roughly half of Americans do not have a will, according to a new survey. The reasons for not having a will include common responses like not having time to make one, not wanting to think about their own death or thinking they don't need to have one yet.

Dying without a will can leave your family and estate in disarray. This is especially true if you have minor children or specific wishes for what you want to happen to your estate. Your family will not be aware of how you want your estate distributed or who should receive your assets and possessions after your death. Instead, the state will be in charge of distributing your assets and deciding who will care for your minor children.

Parenting with an ex? Follow these tips to prevent disputes.

Divorce is never easy. This is especially true when children are involved. Parents face many challenges during divorce and often struggle with how to address the end of their marriage with their children. We've all seen stories about how divorce impacts children and how it can change their relationship with their parents.

Child custody disputes and fights about raising your children can make life difficult for everyone involved. Disputes may happen. When they do, it is best to put your children's interests first to prevent damaging your relationship with your kids. Putting your children first should also help you and your ex have a common goal instead of assuming the worst of each other.

Worried about your finances during divorce? Follow these tips.

Many people need help managing their personal finances during divorce. A new survey found that more than 75 percent of people near retirement do not know how to manage their finances, according to the American Institute of Certified Public Accountants. This is because in most relationships, only one spouse is familiar with their financial plans, leaving the other spouse scrambling to learn and understand how to plan for the future.

In addition to reviewing your financial plans during divorce, it is important to consider the full financial implications of divorce. This includes learning about the tax implications of divorce and how your retirement accounts will be divided under current laws. Evaluating these issues is vital to ensure your new financial plan addresses all issues before your start your newly single life.

Prenuptial agreement upheld in divorce proceedings

A carefully worded prenuptial agreement is almost always a prerequisite for wealthy couples before either will say "I do." While a marriage might of course start out based on deep and true love, the future is impossible to predict, and people can be shaped and changed by unforeseen circumstances. When a vast amount of wealth is on the line, protecting it in the event of a divorce simply makes sense. However, having a prenup will not necessarily keep a couple out of court, as one partner might choose to challenge the agreement's terms or validity.

A multi-millionaire outside of the state of Colorado recently filed for divorce from his wife, who believes that the terms of their prenuptial agreement should not be upheld. According to the 2007 agreement, in the event of a divorce the wife and the couple's two children would move into an apartment while the husband still maintained ownership of the title, which is worth $8.7 million. The wife would be required to leave the residence after the children had grown up and moved out.

Retirement a common concern during gray divorce

Divorce was once thought of as an issue for young couples and not a problem that would necessarily plague older generations. That old belief is no longer a reality with so-called gray divorces seeing a sharp uptick in recent years. However, when divorce comes later in life, there are unique and specialized concerns that might be an issue in completing the process.

The divorce rate for couples aged 50 and older has effectively doubled since the year 1990. With the age of retirement not far off, many who enter the process have trepidations about their retirement fund. Particularly if only one party worked during the course of the marriage, many Colorado couples simply want to know if a retirement account is even possible to include in asset division. In short-- yes.

Caregivers can benefit from spousal support after divorce

Becoming a full time caregiver is no small sacrifice. Caring for elderly parents or young children requires a significant input of both time and emotional well being, and most people who take on this role put their careers on hold. Although this is no doubt a noble sacrifice to make, it can quickly complicate matters in the event of a divorce.

For the most part, Colorado caregivers who do take on the role as a full time occupation are able to do so because their spouse's income is sufficient to support the entire family. With this type of financial support, caregivers can put their own financial goals on hold while they give the type of personal care that is often necessary for vulnerable loved ones. This arrangement can work perfectly fine during the course of a marriage, but the real issue arises when a couple decides to pursue a divorce, leaving the caregiver in a state of financial worry.

Child custody might be less worrisome for same-sex parents

For the most part, same-sex marriages mirror most aspects of the unions of their heterosexual counterparts. Still, with the legalization of same-sex marriage still a relatively new aspect of family law, many gay couples must deal with exceptionally difficult issues during divorce proceedings. Child custody in particular can be especially complex.

Those who follow the news in Colorado might have already heard of what is being called a landmark child custody case that recently made the national news. After marrying in 2013, a same-sex couple chose to have a child soon afterwards. Utilizing donor sperm from a friend, one of the women became pregnant and gave birth to the couple's son in 2014. Although neither party has filed for divorce, the two did become estranged, and the custody of the child came into question.

Does a prenuptial really matter that much in property division?

Aside from ordering the flowers and planning the reception, creating a careful and competent prenuptial agreement is an important part of planning for a wedding. Of course, there are some who fail to see the protections afforded by a prenuptial agreement. Ohers who simply assume that those protections will never be necessary, and these preparations largely fall by the wayside. However, the only constant in life just might be change, making establishing protections in the event of a possible divorce and subsequent property division helpful, if not necessary.

Prenuptial agreements -- sometimes known as premarital agreements or prenups -- can offer protection for a wide array of issues. These benefits are most often realized during property division, when Colorado couples must face the task of dividing marital property and assets into two fair portions that are not necessarily equal in size or worth. Who gets what can become a serious point of contention. This is perhaps especially so if one person owned a business prior to entering the marriage, and then afterward his or her spouse became an active role in its management.

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