Practice Areas and Legal Definitions

Divorce/Dissolution of Marriage:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: parental responsibility and parenting time rights, division of property of the marital estate, spousal support/maintenance (alimony), child support, restraining/protection orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided between the parties. Although marital property is often divided equally between spouses, the court can also order that the marital property be divided in unequal shares. Marital property can include real estate, pension plans, retirement plans, vehicles, bank/investment accounts, income tax refunds, household furnishings, and other property. Property that is inherited by one spouse, gifted to one spouse, or owned by one spouse prior to the parties’ marriage, such as a family business, real estate, etc., is considered that spouse’s separate property; however, the increase in value of that property during the parties’ marriage is considered to be marital property . If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the marital property even though the divorce decree assigns the debt to your ex-spouse. Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Parental Responsibility:
Parental responsibility may be allocated to both parents jointly, or may be awarded to only one parent. The court can also divide parental responsibility between the parties. For example, one parent may have the right to make all decisions concerning the children’s medical needs, the other parent may have the right to make all decisions concerning the children’s education, and decisions concerning extra-curricular activities may be allocated to both parents jointly.

The court, at the request of one or both of the parents, or on its own initiative, may appoint a mental health professional or an attorney to conduct an investigation and report to the court and make recommendations concerning parenting time and parental responsibility.

Parenting Time:
The court, or the parents, will determine what parenting time each parent will have with the children. Several factors will be considered in determining each parent’s parenting time, such as the past pattern of involvement of each parent with the children, the children’s and the parents’ mental and physical health, the children’s adjustment to home, school, and community, the wishes of the children (if they are sufficiently mature to articulate their wishes), as well as other factors.

The court, at the request of one or both of the parents, or on its own initiative, may appoint a mental health professional or an attorney to conduct an investigation and report to the court and make recommendations concerning parenting time and parental responsibility.

Child Support:
Child support is a periodic payment made to a parent from the other parent to help pay for the children's living expenses, i.e. food, clothes, etc., and any other related debts. Child support is usually based on guidelines which consider each parent’s gross income, the number of overnights each parent has with the children, and child-related expenses such as work- and education-related daycare, medical insurance premiums, and school tuition. The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent. The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating parent who has primary parenting time with the children, the court will generally require that parent to file a motion requesting that that parent be allowed to move out of state with the children. The court will consider a number of factors in determining whether or not to allow the relocating parent to move with the children.

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years. While the best interests of the child have always been central to the decision, the uncertainty has made this area murky. Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support/Maintenance (Alimony):
Alimony is temporary or permanent financial support paid from one separated or divorced spouse to the other, usually in monthly installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge. Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; and what property each spouse receives.

Divorce Mediation:
Courts often require parties to attempt to resolve their issues through mediation. The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for the parental responsibility and parenting time of their children, and to make decisions concerning their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation. The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner. This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement. The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state. Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or a loved one needs the help of an experienced Denver Family lawyer, call Stephan Uslan today at 866-781-6804, or complete the contact form provided on this site to schedule a consultation.

If you or a loved one needs the help of an experienced Denver Family lawyer, call Stephan Uslan today at 866-781-6804, or complete the contact form provided on this site to schedule a consultation.

ADDRESS OF THE FIRM:
Law Offices of Stephan E. Uslan
1663 Humbolt St
Denver, CO 80218
Phone: 866-781-6804
Hours: M-F, 8:00AM-5:00PM
Services provided after-hours

MEMBERS OF THE FIRM:

Attorney Stephan E. Uslan

• Jurisdictions Attorney is Licensed in: Colorado
• Date Admitted to the Bar: 1978
• Colleges Attended, Degree & Year Graduated: Cornell University, A.B. 1969; University of Michigan, M.S.W., 1975; University of Colorado, J.D., 1978
• Professional Memberships & Achievements: Former President, Denver Interdisciplinary Committee on Child Custody; Former Member, Colorado Family Law Council; Member, Colorado Bar Association, Denver Bar Association
• Former Instructor, Family Law for Paralegals, Metropolitan State College, Denver