Practice Areas

Divorce and Family Law

When you get married, you think it will last forever. But, statistics show nearly half of all marriages end in divorce. From a lawyer's perspective, few areas of the law are as emotionally charged as divorce and family law. The family law attorney has to have a vast understanding of complex family dynamics, human psychology, and patience. Also, divorce and family law may require your attorney to have experience in litigation, business and stock valuation, Colorado and federal law regarding real property, income tax, and trust/estate issues, to name but a few.

Other family law issues that may need to be addressed include: modification of a prior divorce agreement, ongoing child support issues, parenting issues, second marriages and the possibility of a prenuptial agreement, stepchildren adoption, and adoption of a biologically unrelated child.

In all of these instances, you will want the assurance of knowing your attorney has years of proven experience and the compassion and integrity to help guide you through a difficult and tumultuous time in life.

At Stevens, Littman, Biddison, Tharp & Weinberg LLC in Boulder and Vail, the extensive experience of our divorce lawyers guides their thinking and advice. Especially in domestic disputes, there are many areas that need careful consideration.

Some of the key factors to consider are:

The children's needs are paramount in child custody and visitation agreements. Attaining an appropriate division of time and parental responsibility requires a careful balance in order to serve the children's best interests. Important and difficult issues include child support, medical and dental treatment, day care, and college education, or an out-of-state move. Marital property needs to be fairly divided. Determining what is "property" whether it is "marital property," and how the marital property is valued, often present complex legal issues. Our family attorneys have vast experience in all of these areas and have litigated whether, and under what circumstances, stock options constitute "property" through the Colorado Supreme Court. In addition, divorce lawyers have experience in litigating the valuation of professional practices or businesses, real estate holdings, and pension and retirement plans.

Alimony needs to be determined judiciously. Alimony (called "maintenance" in Colorado) may be required of one spouse in order to fairly support the other spouse. It is interrelated with property division. Issues arise around each spouse's income or income potential, as well as length of marriage. Careful consideration needs to be given to whether maintenance can be modified or not, if circumstances change. Often, our family law attorneys represent clients in post-divorce actions when a change in circumstances dictates that the original award has become unfair.

Contracts should be drafted with foresight. The separation agreement plays an integral role in many divorce cases. Like prenuptial contracts, it is imperative to consider how future events could impact the terms of the agreement. Bankruptcy filings can impact divorce provisions. If your spouse files for bankruptcy, it may raise questions about whether debts to be paid in the divorce are, in effect, discharged by the bankruptcy filing.

There are various methods of dispute resolution. After gaining an understanding of the case and your goals, your divorce lawyer will be able to determine whether the most advantageous way to resolve the dispute is through negotiation, mediation, arbitration, or court litigation. It also is important to determine whether future issues should be detailed now, or left to further dispute resolution.

Careful tax considerations benefit both parties. Both parties can benefit if tax consequences are analyzed during the negotiations. For example, the award of the marital home to one spouse may have significant income tax consequences when the home is later sold. Alimony reduction or termination should be timed so that it does not coincide with minor children reaching the age of majority.

Estate planning is an important tool for directing assets. Property projections, estate tax considerations, trusts, limited partnerships and other legal modalities can be used when beneficial for you, or both you and your spouse. Decisions to appeal need to be considered from various angles. Whether a matter can be appealed often depends on many issues. Together, we will discuss your case from a legal, economic and emotional point of view. Then, you can make an informed decision about appealing your case. If you decide to appeal, you can have the confidence of knowing that our proven experience is in your favor. We have successfully appealed numerous cases to the Colorado Court of Appeals and Colorado Supreme Court.

Stevens, Littman, Biddison, Tharp & Weinberg, LLC
For the legal needs of a lifetime

Contact Information:
Boulder office Phone: 303.443.6690, Facsimile: 303.449.9349
Vail office Phone: 970.479.9989, Facsimile: 970.447.0850

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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