Prenuptial and Postnuptial Agreements
Prenuptial and Postnuptial Agreements
A prenuptial agreement – also known as a premarital and antenuptial agreement – is a documented agreement between couples getting married that determines how their finances will be handled during the marriage and if the marriage ends.
Getting a divorce is probably the most financially harmful event someone can go through. However, there are legal mechanisms that will keep the courts from dividing your assets unduly during and after a divorce. One primary method is to execute a well-drafted, articulate prenuptial agreement. While people do not typically plan for divorce along with planning for their wedding, taking proactive steps is highly recommended. With a fair agreement that includes all relevant information on assets, divorce courts commonly accept the marriage agreement you made alongside your lawyer. A postnuptial agreement acts in the same way, except this is executed by couples after marriage.
“Hinds Family Law kept me in check, a point not to be taken lightly when emotions can be volatile.”
Grandparent’s Rights
Grandparent Rights
Yes, you have rights too.
While we can all collectively agree that grandparents are a vital part of a child’s life, you will still need the advocacy of a skilled family lawyer – which is where we come in.
As a grandparent, you likely feel a significant sense of responsibility, care, and love for your grandchild. In recent years, grandparents’ rights have become far more substantial than they once were. The courts have recognized the irreplaceable role a grandmother or grandfather can play in a child’s life.
Whether your child has divorced from his or her spouse or your grandchild may be facing foster care, the law does not rule out grandparents’ rights. In certain instances, you may be able to legally adopt the child in case of extenuating circumstances. The courts will always prioritize the child’s best interests, and you very well may be a part of that equation.
“… I feel I parted with less money and secured my children in my life post-divorce, due to Hinds Family Law’s knowledge and skill set.”
Protective Orders
Protective Orders
Keeping you and your family safe.
Our firm has decades of experience in family law and unique, interdisciplinary backgrounds in social work and child advocacy. As far as you and your family’s safety, this is paramount.
In terms of family law, a protection order will most likely be needed and obtainable against another individual for acts or behaviors classified as domestic violence. To obtain a restraining order for domestic violence, you must be able to prove that the person committing the acts of violence is someone now or formerly related to you by blood or marriage; someone who is living or formerly lived with you; or someone you once had an intimate relationship with.
There are different kinds of protection orders, or restraining orders, that the state of Colorado may issue depending on the nature and degree of the alleged domestic violence. We are sensitive the emotion being acquiring a protection order, so we handle the logistics while you get back to normalcy.
“I found the team to be very responsive, returning calls or emails quickly and working my case late into the evenings or weekends when needed.”
Same Sex Divorce
Same Sex Divorce
LGBT representation in the modern era.
In 2015, the United States Supreme Court ruled that same sex couples in all states have a fundamental right to marry under the Fourteenth Amendment’s Due Process and Equal Protection Clauses.
Colorado recognizes common law marriages – regardless of gender – which means you may marry your same sex partner and, also, get divorced. We pride ourselves with having knowledgeable staff in this area in order to give you diligent, up-to-date legal counsel and services in this new and evolving area of the law. It is important to have strong, experienced legal representation when dealing with same sex marriage and divorce because though spouses are the same sex, certain issues like custody, adoption and property distribution may need more sophisticated navigation to get you the results you want.
“I’ve worked with Lucy Denson now on three separate occasions and every time I do I’m so grateful for her advice and expertise.”
Legal Separation
Legal Separation
Separate from divorce.
Quite often, a legal separation is a good alternative to divorce. It allows for proceedings to be less heated, providing a calm, straightforward pathway for both parties’ futures.
Sometimes you’ll hear a couple say they are “legally separated.” By this, they usually mean they are no longer living together and are awaiting, or considering, a full divorce. Often, the colloquial use of “legal separation” is not in line with Colorado state law. Legal separation is a similar process to divorce, but can yield significantly different results afterward.
In the state of Colorado, married couples have two choices for parting ways: a decree of dissolution of marriage (divorce) or a decree of legal separation. In both cases, two lives are being separated. Thus, financial assets must be divided, custody arrangements will need to be made, and child and spousal support will need to be established. Some ways that legal separation is different from divorce is the inability to remarry (unless, or until, the decree is converted to one of dissolution of marriage), inability to retain inheritance rights, and other potentially important details for your life.
“I would recommend [Hinds and Hinds] to anyone that is going through a divorce.”
Stepparent Adoption
Stepparent Adoption
You’ve become a major part of their lives.
Adopting a stepchild is the most common form of adoption. It is highly commendable for a noncustodial parent to take on the love and care of a child, and we just want to make sure they are in good hands by making this process as streamlined as possible.
While stepparents already carry several serious responsibilities of their stepchildren, legal adoption allows benefits and ramifications many may not be aware of. Despite already caring for, loving and being there for your stepchildren, you may be surprised to learn adoption is the final tier of responsibility in the eyes of the law.
Stepparent adoption is a wonderful affirmation of commitment, love, and dedication to your spouse’s children. Not only does it carry amazing emotional worth, it can mean quite a bit of difference in the eyes of the law. If you are a stepparent looking to legally adopt your spouse’s children, you are making a big step in securing your role in their lives as a legal parent, and it is one to be celebrated. This is where we are experts in seamlessly guiding you through this process.
“The Hinds lawyers represent their clients but they remain objective; they don’t take on their client’s personalities which can be disastrous.”
Parenting Time / Decision Making Authority
Parenting Time / Decision Making Authority
We focus on your case, you focus on your kid.
While you may be concerned about your impending divorce and the effect it will have on your time with your child, enlisting the help of a dynamic, strong-minded family lawyer can help ease your worries.
Parenting time is a major concern for parents in the midst of a divorce. While this is a legitimate worry for many, the state of Colorado is more progressive than most and we know how to leverage the law to get you to a place of assurance when it comes to your child.
Just as with legal custody, parental responsibility and decision making authority can either be sole or joint (couples are usually awarded with joint decision making). While most people hope to agree on everything regarding their children, it can be very difficult to compromise on matters which you find vitally important. To this issue, we are meticulous and strategic in all of our handlings of parental responsibility cases. We want to make sure your child is in the best possible hands post-divorce.
“Hinds Family Law kept me in check, a point not to be taken lightly when emotions can be volatile.”
Appeals
Appeals
Strong legal after the fact.
While the respect of a ruling is important, it is equally important for us to make sure trials are conducted fairly and in line with the law. We know when justice has not been served in the family courts, and we have the tools to correct it.
When a family court proceeding is not conducted properly or yields an unjust result, there are procedures in place to remedy the situation. Our law allows appeals to be made to the rulings based on faults in one or more of a few specific aspects of the proceeding. This can include inappropriate interpretation of an established law, the ruling misapplied the facts of the case, the Court exceeded its authority or discretion, one party withheld material information they were under a duty to provide and a litany of other discrepancies.
Our lawyers are acutely sensitive to breeches in the law. We do not hesitate to go forward with an aggressive appeals strategy to fix your situation so you aren’t stuck with a faulty decision by the Court – we have your back.
“Hinds Family Law is also a well-respected law firm in the eyes of the court, equally important if you go before a judge.”
Post-Decree Modifications
Post-Decree Modifications
It’s not over until it’s over.
Ideally once a divorce is finalized it remains just that – final. However, just with many things in life, an individual’s circumstances may change, calling for a swift motion so we can quickly amend your situation.
If you’re looking to modify or change the rulings doled out in your previous divorce or legal separation, there is no need to tell you how stressful and taxing these proceedings can be. It’s important for you to know that when the rulings given are no longer feasible for you, or if the rulings given are no longer enough to support your family, there are options available and our firm is here to help.
As you may know by now, your decree and final orders are a set of rulings that determine who gets what, and how much, after a divorce or legal separation. These rulings are based on the facts of your case at the time of decree. Colorado law contemplates the modification of orders in several areas in the wake of changed circumstances. With help from our firm, we can argue for an appropriate modification and win you a better post-decree.
“Hinds and Hinds knows the law, partially because many of the Colorado divorce statutes were crafted by them.”
Property Division
Property Division
Paying attention to the details.
We’ve worked on some of the highest asset disputes in Colorado, and how the division of property is set greatly depends upon the acumen of the lawyer working your case. Hinds and Hinds has the scrutiny to get you the best results.
Even in amicable divorces, property division can be quite a complicated process, requiring your lawyer to be familiar with how property is evaluated, calculated and distributed. While the state of Colorado abides by the principle of “equitable distribution” (meaning property is distributed according to what is “fair,” not necessarily what is equal) Hinds and Hinds is meticulous in our approach in making sure you get what’s right – leaving no assets unchecked. We are particularly accomplished in fact-finding, negotiation and vigorously representing your interests which can make a huge difference in what you gain once everything is settled.