What Is Adoption?
Adoption effectively bestows all of the legal rights and obligations on the adopting adult(s) that they would have if they were the birth parents of the child.

Colorado has specific statutory provisions for “custodial” and “kinship” adoptions as well as “step-parent” and “2nd Parent” adoptions. Adoptions that fall within these categories can be expedited (in most cases).

General Requirements For Adoption
Notice: Notice shall be given to the birth parent(s) upon the filing of the Petition for adoption, notifying them of who is filing for adoption and of the time and place for a hearing.

Hearing: A hearing date is set and will be held after all pre-requirements have been completed.

Other Requirements: There are other requirements in custodial, kinship and 2nd parent adoptions as well, including a criminal records check, consultation with the department of social services and possibly an abbreviated home study and or evaluation.

“The letters in the mail about the process and what to expect were helpful. I was treated with courtesy and professionalism.”

Step-Parent Adoption
If you are married and wish to adopt your spouse’s child there is an expedited process you can use. Unlike other adoptions, (ie. a child to whom you are unrelated in any way) where you must generally wait at least 6 months from the date of filing to get a hearing, in step-parent adoptions “the court shall hold a hearing on the petition as soon as possible”. All hearings with reference to adoptions are closed to the public to protect the privacy of the family members.

How Does It Work?
A Petition for Adoption must be filed. The child’s birth parent (not your spouse) must be notified either personally or by publication, and other procedural steps must be followed, including the step-parent undergoing a criminal records background check.

There are other pre-requisites to a step-parent adoption involving either non-payment of support or abandonment of the child by the other birth parent for a period of at least one year.

When the court issues its final decree of adoption it must also issue an order terminating the other parent’s parental rights at that time.

Custodial Adoption
A “custodial adoption” is an adoption where the person (and their spouse if they are married) adopting the child has been awarded custody or allocated parental responsibility by a court of law in a dissolution of marriage, custody or allocation of parental responsibilities proceeding, or has been awarded guardianship of the child by a court of law in a Probate court AND has had physical custody of the child for a period of one year or more.

Kinship Adoption
“Kinship adoption” is an adoption of a child by a relative of the child (and such relative’s spouse, if they have one) who is either a grandparent, brother, sister, one half sibling, aunt, uncle or first cousin AND has had physical custody of the child for a period of one year or more and the child is not the subject of a pending dependency and neglect proceeding.

The birth parent or parents must have abandoned the child for a period of one year or must have failed to provide support for a period of one year or more.

2nd Parent Adoption
“2nd Parent adoption” is an adoption by a 2nd adult when there is a sole legal parent of a child who must consent to the 2nd parent adoption.

Pioneers In Adoption
Kurtz & Peckham, PC pioneered the early kinship adoption cases, drafting specific forms accepted in Colorado District Courts for these adoptions. These are some of our favorite cases as we feel we can really make a positive difference in the lives of children and families enabling abandoned or unsupported children to be a part of a caring, responsible family, to whom they are already related or bonded.

A Kurtz & Peckham, PC Specialty
We have handled numerous step-parent adoptions, 2nd parent adoptions, custodial and kinship adoptions, working closely with our clients from start to finish to efficiently and effectively obtain the adoption. We handle all of the details of the process, consulting with and advising you all along the way. This area of family law is one of the favorites of our practice as we are helping to form a family to the delight of the parents and in the best interests of the child. Our focus is on representing you in obtaining the results you wish in the fairest, most effective manner within the procedural and statutory limits of the law.

If you are interested in step-parent, 2nd parent, custodial or kinship adoption, please feel free to call Kurtz & Peckham, PC at (303) 893-3045 for a complimentary one half hour initial consultation with an experienced attorney.

What Is Collaborative Law?
Collaborative Law is a new and exciting concept in Family Law. It has been in existence in the U.S. for many years and is used in Canada as well. Kurtz & Peckham, PC is a member of Colorado Collaborative Law Professionals and Rocky Mountain Collaborative Law Professionals.

The Collaborative Process is a shift from the traditional adversarial approach to resolving disputes where each lawyer is an advocate and an adversary. In Colorado there are approximately 100 attorneys trained in Collaborative Law which requires the willingness and ability to adopt a new paradigm in handling conflict.

The heart of the Collaborative Law Process is the shared belief of the participants in family law matters that it is in the best interest of the parties and their families that they commit to resolving their differences with minimal conflict and without litigation. It is not for everyone. Both the parties and their collaboratively trained attorneys agree to work together to resolve legal, financial and child-related issues they face in a time of transition.

“I had first heard about collaborative law from my estranged husband and decided to try it because he wanted to. The coaches were great. They helped us to communicate in a more ‘positive’ way for the kids. I think all divorce cases, whether traditional or collaborative, are hard when you have been married a long time and there are kids involved, but I do think collaborative is a better way to go. The financial expert was very helpful and worth every penny. My attorney was helpful with the process in trying to prepare me for all angles of the dissolution and then sitting back and letting us do the talking. It helped because in the end, what was decided was what we both agreed upon. I think this process is beneficial for the children and I would recommend this to others.” – A Collaborative Law client

How Does It Work?
The process is designed to empower the parties to reach their own agreements that specifically address their unique concerns. The goal is an outcome that is both more creative than and superior to results achieved in the traditional adversarial process.

Collaborative Process relies on an atmosphere of integrity, cooperation, openness, professionalism and courtesy that is consistently focused on the present and future well-being of the parties and their children.

Enabling families in transition to maximize their financial, personal and emotional resources while minimizing the negative economic, social and emotional consequences of protracted hostile expensive litigation is the primary goal of Collaborative Law.

Unique Benefits Of Collaborative Law:

• Open Discussion of issues
• Minimize conflict
• Avoid Court
• Plan for the future
• The use of whatever resources the parties find useful is part of the Collaborative Law approach. Experienced, specially trained
• Lawyers as well as whatever other professionals might be of assistance including financial professionals, counselors, employments
• Advisers and others are available (as needed) to address the individual concerns of the family. A unique feature of collaborative
• Law is the use of communication coaches for the parties.

Collaborative Law Professionals Are Committed To:

• Settling the case without Court intervention
• Giving full, honest and open disclosure of all pertinent information
• Engaging in informal discussions and conferences to settle all issues
• Spending as long or as short a time as necessary to resolve the issues jointly and equitably
• Refraining from using the threat of litigation to force a settlement
• Allowing the clients to control the proceedings
• Supporting our clients, acting as expert resources in the law, and working cooperatively with our client’s spouse and his or her
• Attorney in resolving all issues

Among The Benefits Of Collaborative Law Are:

• A process with much less fear, anxiety and stress
• The likelihood of a less emotionally draining experience
• A much greater possibility that any children involved will be less adversely impacted
• A greater likelihood that the parties will be able to communicate with one another civilly in the future
• An agreement you have personally crafted
• Privacy and confidentiality in working out your situation
• A legacy of cooperation and dignity and compassion for your children

Why Collaborate?
In an era where 50% of the population gets divorced and the court system is over-crowded and underfunded, Collaborative Law provides a welcome alternative to the traditional adversary approach to dissolution or other family related matters.

If this sounds like a process that may be right for you, please feel free to call Kurtz & Peckham, PC at (303)893-3045 or email our office at  for a complimentary one half hour initial consultation with an experienced attorney.

Senior Counsel, Katharine D. Kurtz, specializes in Collaborative Law.
Denver Collaborative Law Attorney, Katharine D. Kurtz, founding partner of Kurtz & Peckham, PC handles Collaborative Divorce Law Mediation, Divorce, Dissolution of Marriage, Family Law in Denver, Jefferson, Adams, Arapahoe and Douglas County. Member of the Colorado Collaborative Law Professionals and the Rocky Mountain Collaborative Law Professionals.

We Are Denver’s Experienced Divorce Lawyers

Overview Of Colorado Divorce
From start to finish, a divorce case (dissolution of marriage) takes anywhere from three months to over a year, depending on the court (the county where the parties reside), the parties’ approaches, and the complexity of the case.The soonest you can be divorced is ninety (90) days from the date of filing and service (date one spouse is served or signed a waiver of service, or the date of filing the case if you file as co-petitioners).

Colorado divorce is not based on the wrong-doing of either party. Instead it is a “no fault” state. The standard for dissolution is that the marriage is “irreconcilably broken”. One party may object and assert that the marriage is not irreconcilably broke, but as long as the other party insists it is, the dissolution will move forward.

Every Dissolution Has No More Than Four Possible Areas To Be Addressed Legally:

1. The Division of Property and Debt. This involves the initial determination of whether a particular property (real or personal) is separate property or marital property. The same is true of debts. Once separate property is determined, the remaining marital property (and debts) need to be divided equitably.
2. Spousal Maintenance. The threshold question here is whether one spouse is “a candidate for maintenance” and there are statutory guidelines to help determine this. The question then becomes how much would he/she be paid by the paying spouse and for how long a time period.
3. Parental Responsibility (fka Child Custody) and Parenting Time Arrangements. This area deals with how the two parents will deal with the raising of their children, who will have what responsibilities and obligations and where the children will live.
4. Child Support. This final area addresses the amount one parent may pay to the other for child support, how it is determined, how it is paid and for how long. Child support is statutorily mandated and there are guidelines to ascertain amounts owed in the majority of cases. (See Child Support page)

The topics of parental responsibility, parenting time and child support are areas the courts are very concerned with. While the divorcing parties are free to agree to just about anything between themselves (as long as it is not unconscionable), the judge will not allow them to do this concerning the children if he/she does not think an agreement is in the children’s best interests. This is particularly true with regards to child support.

Virtually every issue in a divorce, with the exception of abuse issues and/or illegal behavior (ie. One person is already married and never divorced the first spouse) will fit into one of the above four categories. The issue of abuse may be dealt with by obtaining a restraining order or by the use of the criminal courts or in rare cases by the filing of a civil lawsuit or a state initiated Dependency and Neglect action to protect the children.

The Process Of Getting Divorced
Getting divorced can be relatively simple or quite complex depending on several factors: the length of the marriage, the complexity of the parties’ financial affairs (including both assets and debts), the health and age of the parties, the disparity in the incomes or income potential of the parties, the health and age of the children, whether the parties intend to remain in the same geographic area, and finally, and perhaps most importantly, the emotional stability and maturity of the parties.

A factor not often considered or discussed, but which can be of great importance throughout the process of the dissolution is the particular attorneys involved. Like all people, attorneys have their own points of view, and approaches to dissolution. It is extremely important to find an attorney (whether you hire one to represent you or are using one mainly for consultation) with whom you feel comfortable and whose philosophy regarding how to handle your case is one you agree with and in which you feel confident.

The actual process of getting divorced can be handled in a number of different ways, depending on the circumstances and the desire of the parties. The husband and wife may want to proceed pro se (on their own without lawyers involved). One party may hire an attorney and the other may proceed pro se. They both may have an attorney, consulting and advising, but actually do the divorce on their own. Both parties may choose to be represented by attorneys and the case may be resolved by negotiation and compromise, Collaborative law, mediation, or arbitration (with a privately hired judge). These are all possible ways to proceed. A combination of some of these approaches is also possible.

About ninety (90) percent of divorce cases are settled without going to court for a trial before a Judge. A trial is always available. Should the parties be unable to reach an acceptable agreement, they are always free to litigate. It is also possible to agree on all but one or two matters and have those matters determined by either an arbitrator or a judge.

In the end, whether a divorce is resolved by a trial or agreement, its terms will become a court order which will cover all aspects of the dissolution, division of assets and debts, maintenance, parenting responsibility, parenting time and child support.

If there are issues involving parenting time and parental responsibility, a child family investigator will be appointed by the court or may be chosen by the parties.

Prepare Yourself
To prepare yourself to handle your divorce do these three things AND remember misconceptions are just that:

1. Get your own life under control. Lean on your social support system, seek professional help if appropriate, and be especially compassionate with your self.
2. Communicate with your children and support them through the process. Children, depending on their ages, need to be consistently re-assured that they are not being divorced and that they will still be loved and cared for.
3. Create a new working relationship with your ex-spouse especially vis a vis your children. This may take patience and time to develop.

Final Words Of Advice From Adults Whose Parents Divorced When They Were Children:

• Don’t put your children in the middle
• Do not bad mouth the other parent
• Put the children first
• Stay involved in your kids’ lives
• Talk to your children
• Reassure them often it is not their fault
• If possible, live near the other parent
• Communicate with your spouse so there are not mixed messages about things that involve the children
• Do NOT stay together for the sake of the children

UPDATED COLORADO MAINTENANCE LAW
Effective 1/1/2014 Section 14-10-114 of Colorado Revised Statutes provides new statutory, advisory guidelines for Maintenance payments from one spouse to the other in marriages that are at least (3) years in duration. There are now numeric guidelines for the District Court to consider after determining a party is a candidate for Maintenance and prior to determining the amount and duration of the award.

The Statutory advisory guidelines for marriages of (3) years duration up to (20) years, where the combined adjusted gross incomes of the parties is $360,000 or less is: “equal to 40% of the higher income earner’s monthly adjusted gross income less 50% of the lower income earner’s monthly adjusted gross income” There is also a provision for a cap on Maintenance. The statute states “except that when the Maintenance is added to the gross income of the recipient, it shall not result in the recipient receiving in excess of 40% of the parties’ combined monthly gross income”.

For a (3) year marriage, the guidelines suggest payment of 31% of the marriage or (11) months. Each year of marriage the duration increases up to 50% at (20). Marriages of less than (3) and more than (20) years can still result in Maintenance awards. The duration guidelines do not apply to marriages under (3) years. For marriages over (20) years the court may award Maintenance for a specific term or for an indefinite term, but the term shall not be less than 50% of a (20) year marriage, (10 years) without making specific findings that support a reduced term of Maintenance.

For a (3) year marriage, the guidelines suggest payment for 31% of the marriage or (11) months. Each year of marriage the duration increases up to 50% at (20). Marriages of less than (3) and more than (20) years can still result in Maintenance awards. The duration guidelines don’t apply to marriages under (3) years. For marriages over (20) years the court may award Maintenance for a specific term or for an indefinite term, but the term shall not be less than 50% of a (20) year marriage, (10 years) without making specific findings that support a reduced term of Maintenance.

Q. Is it true. as my spouse says, that I leave the marriage with what I came into with – nothing?
A. Not likely. The length of your marriage and assets accumulated during the marriage are the key considerations.

How Can Maintenance Be Handled?
There are several ways Maintenance can be handled in dissolution. The most well-known is the periodic monthly payment. A “lump sum award” is when the spouse receiving the Maintenance takes the one payment to enable him or her to become self-supporting in lieu of monthly payments.

If the parties agree, they can have Contractual Maintenance. They contract through a Separation Agreement that one spouse will pay the other a set amount per month (which can vary) for a definite period of time. They can agree it would not be modifiable by the court.

Maintenance payments are generally tax deductible to the payor and includable as income and taxable to payee. There are exceptions; consult a lawyer.

Maintenance terminates with the death of the payee, or his or her remarriage or a Court Order or by agreement of the parties.

Summary
In any case where Maintenance is an issue or necessity it is important to have legal representation and guidance. As with all issues in divorce this one can be negotiated, mediated, arbitrated or handled collaboratively. Litigation is always an option. One reason it is important to have legal counsel, is that the case law is always changing and there is uncertainty with the interpretation of the new advisory Maintenance statute.

For consultation concerning Maintenance call Kurtz and Peckham, PC at (303) 893-3045 or email our office at  for a complimentary one half hour initial consultation with an experienced attorney.

An experienced family law attorney should know the current case law as well as the differences in the various counties and court rooms a case might be heard in. Further, attorneys also will have information and experience with various mediators and/or arbitrators in particular locales. Should the maintenance case proceed collaboratively, you will be represented by a collaboratively trained attorney as will your spouse and the case will not resolve until both parties are satisfied that the resolution is fair.

There are many misconceptions about divorce that should be dispelled. First, regardless of your own point of view, divorce is a fact of contemporary American society. 43% of first marriages will end in divorce. Although undergoing a divorce can be very painful for both parents and children, there are a great many ways this pain can be alleviated. One important function of divorce in our society and in Colorado is to act as a safety valve for marriages that simply no longer work for the families regardless of the reason–whether it be due to abuse or one parties’ growth in an entirely different direction, health reasons, incompatibility or other reasons. For many people it is preferable to endure the temporary pain of the divorce than the permanent pain of a bad marriage.

Unfortunately, there is a cultural lag in our societal conceptions about divorce. These misconceptions are harmful to anyone affected by divorce. Despite the reality, our societal view remains that the nuclear family and lifelong monogamous marriages are the only viable family model. Our society continues to cling to the erroneous belief that families can not exist outside of marriage.

The most common misconceptions (according to Ahrons, C.R. We’re Family. New York: Harper Collins 2004) are:

1. Parents should stay married for the sake of the kids. – This message pervades our culture and is based on the assumption that marriage is good for children and divorce bad. This message also insinuates that parents who divorce are immature, selfish (and those who stay married are not). The truth is a bit more complex. Questions parents should ask themselves when considering divorce (and weighing what’s best for their children) are:
2. Are you so depressed, hurt and angry in your marriage that you are unable to parent your children as effectively as you might?
   Is the home atmosphere unhealthy for your children because you and your spouse have such a distant relationship?
   Are you and or your spouse modeling a poor example for your children of respect, compassion and interest in one another?
   What will be the financial consequences of divorce on your children?
   These questions can just as easily apply if you have no children.“Adult children of divorce” are destined to have lifelong problems. – This label “adult children of divorce” is stigmatizing. In truth, the vast majority of children whose parents divorce grow up to lead responsible, happy, successful lives. Their ability to handle adult life, career, relationships, marriage and parenthood itself is determined more by their own temperament, relationship with their siblings, their parent’s relationship during marriage and after, than by the fact of divorce.
3. Divorce means you are no longer a family. – This inaccurate and misleading message that divorce ruins families harms not only the children but also the parents as it totally disregards the ways families can be successfully rearranged after divorce. The majority of divorces do not result in family breakdown. The form of a particular family will change, but it need not change the way children think and feel about the significant relationships within their families. And it may well relieve the stress of living in a household with little real communication and/or a high level of conflict between the parents.
4. Divorce leaves children without a father. – This may be true for a minority of fathers, but it leaves out the majority who continue to have loving relationships with their children and continue to contribute financially to raising the children.
5. Ex-spouses can not get along. – Actually, many divorced parents are cooperative and effective co-parents.
6. Divorce turns everyone into ex-family, in-laws become estranged. – Although the kinship between divorced spouses and their in-laws is legally terminated, meaningful relationships often continue.
7. Stepparents resent real parents. – Nearly 85% of children with divorced parents will have a stepparent at some point. The reality is step-parents can have close, nurturing relationships with their step-children and provide another caring adult in their lives.

Parental Responsibility (fka Child Custody) and Parenting Time
Often the most painful and most passionate issue in any divorce, paternity case or other family break-up is the issue of how to handle the children. Who they will live with, who will be responsible for child-rearing decisions and how often and under what circumstances “parenting time” will be exercised are always serious considerations.

How We Can Help
Kurtz & Peckham, PC strongly believes that the best interests of the children should be of paramount importance in the dissolution of any relationship involving children. Recent studies have shown that being in the middle of continuing conflict between their parents or care-takers is an extremely stressful situation for children. This appears to be true whether their parents (or other adults) stay together or not.

We are committed to helping our clients craft solutions that are in their children’s best interests, while meeting our client’s wishes in this regard. We utilize whatever means is most appropriate to facilitate a smooth, compassionate and efficient transition from one family unit to two. This may include the appointment of a special advocate, a parenting coordinator, the use of mediation and or collaborative law, and family or individual counseling when appropriate.

Commonly Used Experts

Child Family Investigator – A child family investigator is an expert appointed by the Court (and/or agreed to by the parties) whose sole job is to ascertain the best interests of the children. They may visit all residences, interview both parents, the children and anyone else they find helpful. They may also have the parties take psychological tests. They make a written recommendation to the Court concerning parental responsibility and parenting time. Most courts follow these recommendations.

• Parenting Coordinator – A Parenting Coordinator is again an expert (usually) picked by the parties or the court to facilitate issues surrounding parenting time, generally after the initial determination as to parental responsibilities has been made.
• Mediation – Mediation is where the parties (and their attorneys, usually) hire a 3rd party neutral, trained in mediation to meet with them and facilitate a process in which they can craft their own agreement without going to court.
• Collaborative Law – Collaborative Law is a shift from the traditional adversarial approach to conflict resolution.The collaborative process (the hallmark of which is agreeing not to go to court, but to work to resolution) best supports those who would like to protect children from the harm of adversarial legal action and who would like to maintain relationships. It is not for everyone. For more information on Collaborative Law divorces, click here.
• Family Counseling – Family counseling or counseling for one or both adults and or the children may be an option if anyone is in need of professional emotional, mental or spiritual support during what can be an extremely trying time.

What Factors Affect Parenting Time?
The courts, the family research and modern culture have an evolving view of what “best interests of the children” means. The trend is to try and allocate as much parenting time to each parent as is feasible should they desire it. Colorado courts consider the following in efforts to determine best interests:

• The “interaction” between the parents and the child
• The ability of each parent to put the children’s needs ahead of their own
• The child’s adjustment to his home, school and community
• The wishes of the parents
• The wishes of the child
• Whether the past relationship between the parents and their children demonstrates common values, dedication and mutual support
• The mental health of all parties
• The parents’ ability to encourage a loving relationship between their children and the other parent
• How close the parties live to one another
• Whether either party has ever committed child or spousal abuse or child neglect

The age of the children is a key factor in the determination of parenting time. Most experts suggest that parenting time with the non-residential parent should increase slowly if the children are very young. This might not be such an issue if the children are older. If the children are very young, initially the parenting time would likely involve short visits on a regular basis, then gradually move up to longer visits, over nights and then multiple overnights where appropriate. The parenting time that results depends in large measure on the personalities of the parents, the distance between their residences, the child’s activities and how well if at all, the parents (or adults) are able to work with one another on behalf of their children. In some instances the traditional “children with mother and every other weekend with father” will be appropriate. In others, spending 50% with each parent can work. In still other instances the father will have the children the majority of the time and the mother will have weekend parenting time. It is all determined on an individual basis always keeping in mind the best interests of the children.

Tools for High Conflict Cases
Kurtz & Peckham, PC believes if at all possible, it is best for the children and the parents if they can agree on a parenting time schedule either by collaboration, negotiation, mediation or agreement to follow the recommendations of a parenting coordinator, as they (the parents) are far more familiar with their children and family than a Judge can ever be. However, in those high conflict cases, or cases involving abuse of either a spouse, partner or the children, it may be necessary for the court to make the final decision. In that case we will vigorously advocate for our client’s rights and preferences.

Relocation Outside of Colorado
The parent who wishes to leave the state with the children no longer has a presumption in their favor. The court must consider a number of factors before deciding whether it would be in the child’s best interest to be relocated. Two of the factors the court must consider are (1) the expected impact of the move on the child and, (2) the ability of the court to craft a reasonable parenting time schedule (with the non-moving parent) if the move is allowed.

For more information on this or any other child related issues, please feel free to call Kurtz & Peckham, PC at (303) 893-3045 or email our office at for a complimentary one half hour initial consultation with an experienced attorney.

Pre-Marital & Marital Agreements in Colorado- Do You Need One?

What is a Marital Agreement?
The purpose of a Marital Agreement, whether before marriage (pre-maritial) or after, is to alter the effect of the statutory law and case law on the parties’ property whether acquired prior to the marriage or during.

Most Marital Agreements also address the issue of the parties’ estates and have terms altering the effect of the statutory law and case law concerning estates of married people or those joined in civil unions. They must be in writing and signed by both parties.

A Marital Agreement relies upon the parties making a full and fair disclosure of their assets to each other and each party voluntarily and willingly agreeing to its terms. Marital Agreements usually come into play if and when the parties divorce or at the death of one of them.

As of July 1, 2014 (effective date) Colorado adopts new Maritial Areement Statute: “Uniform Premarital and Marital Agreements Act-14-2-301 C.R.S as amended.

This new statutory law makes several changes to prior Colorado Law:

• The new law applies to all civil unions and common law marriages
• A Premarital or Marital Agreement in order to be enforceable must:
• Have each party’s consent to the Agreement, be voluntary and not the result of duress.
• Both parties must at least have had access to independent legal representation
• Both parties either must have had independent legal representaion or the Agreement must include statutory notice of waiver of rights or an explanation in simple language of the marital rights and or obligations being modified or waived by the Agreement.
• Both parties need adequate financial disclosure from the other party of their assets,debts, and income.

There should be specific language regarding provisions of a Marital Agreement being unenforceable. Those provisions have to do with waiver of maintenance and payement of attorneys fees. If the court finds these provisions unconscionable at the time of enforcement, it may rule they are unenforceable as a matter of law.

As the law is now, there is uncertainty as to how the Colorado Courts will interpet the new Uniform Statute.

What are the Benefits?

The primary benefit of a Marital Agreement is that it allows the parties to determine according to their own needs and circumstances how they wish to divide their property and debts in the event of a dissolution or at the time of death of one of them.

Many people would rather they make these decisions based on their own individual circumstances than leave their financial futures up to Colorado Law.

A well drafted Marital Agreement can provide for children from an earlier relationship (estate planning), ensure that assets you have worked hard to obtain remain yours and otherwise protect individuals from the effects of statutory provisions on marital estates and in the event or dissolution.

A Marital Agreement can be a useful estate planning tool as well as a way to minimize the conflict, uncertainty and stress in the event of a divorce or death.

For people who like to make their own decisions and control their own lives, a Marital Agreement is a useful tool.

What Can and Cannot be Included?

Included:

• Property
• Estates
• Spousal Maintenance

In addition to property and estates, a marital agreement can also address issues of spousal maintenance, even though a clear waiver can be voided if at any time the party seeking maintenance is under circumstances that are unconscionable at the time of enforcement, as determined by the Court.

Excluded:

• Child Support
• Custody
• Parenting Time

These issues are not appropriate for a Marital Agreement and are not enforceable.

Our Experience
We have years of experience in drafting Marital Agreements and counseling clients in these confidential personal and financial matters. If you have questions concerning Marital Agreements, please feel free to call Kurtz and Peckham, PC at (303)893-3045 or email our office at  for a complimentary one half hour initial consultation with an experienced attorney.

See the Colorado Judicial Branch’s website for a list of Parenting Classes by County and to search for Parenting Class Resources by City.

Current Status Of Same Sex Marriage & Divorce In Colorado
On June 26, 2015 the U.S. Supreme Court in Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. (No. 14-556; cite: 576 U.S.) ruled that the 14th amendment of the U.S. Constitution requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state (37 states had allowed same sex marriage prior to the decision).

On October 7, 2014 Colorado Legalized Same Sex Marriage

Colorado Enacted Civil Union Legislation Effective May 1, 2013
In June 2013 the U.S. Supreme Court in U.S. v. Windsor, 570 U.S. (Docket # 12-307) struck down a key part of the Defense of Marriage Act (DOMA), ruling that to deny same sex married couples federal benefits and procedures was unconstitutional.

In 2014, the Tenth Circuit Court of Appeals in the case of Kitchen v. Herbert found Utah’s ban on same sex marriage unconstitutional, and stayed the ruling pending review by the U.S. Supreme Court. On October 6, 2014, The U.S. Supreme Court declined to hear an appeal of that decision. Colorado’s Attorney General asked the Tenth Circuit to lift a stay in a similar Colorado case, and on October 7, 2014, same sex marriage became legal in Colorado.

Currently, in Colorado the same statutes apply to same sex couples (whether in a Civil Union or married) as to married non-same sex couples that are divorcing.

Family Law Services: Consulting Attorney – Unbundled Legal Services

Colorado District Court Judges and Magistrates consistently suggest that attorneys in the areas of Divorce, Paternity, Parenting Time (and Parental Responsibilities), as well as other Family Law matters , take clients on a consulting or limited representation basis.

Many people want to handle their Family Law legal conflicts themselves and simply want the advice of experienced legal counsel. Others want representation limited to help in resolving difficult matters that may arise between them, or to ensuring the client is aware of all his/her legal options.

Sometimes a client will want an attorney to help negotiate a particular portion of a conflict, perhaps involving property division, parenting time issues, or complex financial matters. The reasons clients choose “unbundled legal services” are varied and numerous. Some may want to minimize cost. Others may want assistance dealing with tough, emotionally-laden issues, or want suggestions for ancillary experts who might help them with their case (i.e. real estate appraisers, business evaluators, counselors, or retirement specialists). Still other people may merely want a sounding board and innovative suggestions for creative legal solutions.

Kurtz & Peckham, PC has over 38 years of experience in Family Law and is committed to skillful, compassionate and effective guidance in these kinds of engagements. Please feel free to contact our office by email at or call 303-893-3045 to schedule an initial consultation.

Our web site provides a wealth of information related to many aspects of Colorado family law. Please refer to the links on the left.