banner-new

Family Law

Probate Attorney Denver

Divorce Mediation & Property Division Attorney

At Tolison & Williams, we truly care about our clients, and are proud to offer the attentive, personal service that you deserve. Because we have attorneys that focus exclusively on family law, you can also count on our team for the detailed and up-to-date counsel your case requires.

Although we are litigators who are comfortable in the courtroom, we have found that the mediation process is often far more beneficial for my clients, their children and their budgets. In these cases, we serve as a neutral third party, helping both parties work toward a mutually acceptable outcome.

Divorce Mediation

Mediating a divorce is a great way for couples to better facilitate what's best for the dissolution of a marriage. Typically, you and your spouse (along with your lawyers) will meet with a mediator to help negotiate and potentially compromise on how a marriage will end.

Here are seven potential benefits of divorce mediation:

  1. You stay in control. In litigation, a judge makes the ultimate decisions about spousal support, child custody, property division and other issues. In mediation, the outcome is up to you. You and your spouse will remain in charge throughout the process.
  2. Your concerns remain private. Mediation allows you to discuss and settle matters in a private setting. You can avoid the public exposure of a courtroom full of strangers.
  3. You choose the times and places. Instead of being forced to follow the court's schedule, you can schedule mediation sessions when and where they work best for you.
  4. You avoid unnecessary stress. Because mediation is low-key and focuses on amicable resolutions and safe, respectful communication, it can help you avoid more contention in your relationship with your spouse. Reducing the stress can also greatly benefit any children involved.
  5. You can keep the process moving. Litigation is time-consuming and may take months (or even years) to complete. Through mediation, you can often come to a settlement much faster.
  6. You can often save money. Taking cases to trial is notoriously expensive. Mediation and other alternative dispute resolution methods are often less costly.

Allocation of Parental Responsibilities

There is a body of family law that governs the allocation of parental responsibilities; that is, who is responsible for what with regard to parenting, and how these issues may be peacefully resolved.

How Parental Responsibility Is Determined

The issues we deal with most often as a family law firm include:

  • Custody: The legal arrangements couples agree to, describing where a child will live and how decisions about the child will be made.
  • Child support: Both parents want to provide for the child's support. The ideal scenario is to allow the child to live as if no divorce had occurred.
  • Relocation: When a divorced parent moves away, it can create havoc for the family. It's important for the parent seeking to relocate with children to obey the law.
  • Paternity: The legal biological relationship between father and child
  • Grandparent and stepparent rights: The law is still evolving, but extended family members have rights that must be honored.
  • Termination of parental rights: Before children can be adopted, it is necessary to terminate their birth parents' rights. Birth parents can do this voluntarily or it may be imposed upon them. In Colorado, courts decide about terminating the parental rights of birth parents.

Our team has attorneys that are also certified mediators. It's our goal to get these families together to resolve custody and relocation issues.

Divorce is an emotional time when families come apart, but with respect for one another's rights and with the best interests of the child always foremost in mind, people undergoing major changes can structure a future that works for all sides.

Alternative Dispute Resolution

Even if parents are not able to come to an agreement regarding disputed family law issues, they may be willing to mediate those issues. Mediation is generally considered to be less expensive than litigation. It can resolve matters in a shorter time and with less stress.

Our law firm strongly believes in alternative dispute resolution methods. These methods include mediation and arbitration. Having seen them work countless times, we know that they are often the best way to resolve matters — such as divorces or disputes over child custody modification — at a low cost.

However, mediation is not the right choice for everyone. If forceful litigation is called for, our team will not hesitate to take aggressive action in Colorado courts.

About Mediation

A mediator is an impartial third party that helps parties facilitate an agreement. Divorce mediators help divorcing couples, parents, ex-spouses, and other family members work through their disagreements to come to a resolution that works well for everyone.

As an attorney and mediator, our attorneys can play both roles. We can arrange a setup that works for both parties, meaning that each party is in a separate room. We move back and forth between the rooms, communicating ideas to each party with the goal of reaching mutual agreement.

Convenience is of great importance to my mediation practice. We can arrange mediation services in a location that works for you, whether that is a conference room in your local courthouse, a downtown office building, or another suitable location.

About Alternative Dispute Resolution

We often guide our clients through alternative dispute resolution method(s) as a way of helping clients resolve conflicts peaceably and cost-effectively. We are open to negotiating with other attorneys and can often help clients reach a fair settlement that protects their best interests.

Here's a list of common alternative dispute resolutions:

  • Mediation
  • Negotiation
  • Arbitration
  • Early neutral assessment (an Adams County court program for parents)

If you use alternative dispute resolution tools during your divorce or another family law dispute, it is likely that you will be happier with the outcome. Alternative dispute resolution gives you greater control over the outcome of your case because, unlike a court order handed down by a judge, you never have to accept a resolution to which you did not agree.

Property Division

When dealing with a divorce, your assets are very important to you. You want to protect the things you have been growing your entire life.

Our experienced property division attorneys will advocate for you by digging into your case and helping you reach a favorable outcome.

Equitable Versus Equal Property Division

In Colorado, property division is equitable, but equitable is not the same as equal. When dividing assets after a divorce, many subjective components come into play. It is important to obtain accurate valuations for your property and all business assets as well.

One parent may work outside the home, working for a family income, while the other stays at home and cares for the children. It is important to note that the parent who made the money is not automatically entitled to more of the estate because he or she contributed more financially.

An emphasis is placed on fairness based on the different circumstances. Each case requires special attention to detail. With attorneys fully dedicated to family law, our distractions are limited and we have the ability to give your case the attention it deserves.

Asset Valuation

When couples divorce, division of property is often one of the most highly contested matters they experience. The assets that once supported one household must now support two, and making this transition can be difficult. Our team can help you achieve the best possible results in property division matters.

The Law On Division Of Property

Colorado is an "equitable distribution" state. This means that under Colorado law, assets, wages and earnings acquired during the marriage are divided fairly between both spouses. There are a few exceptions to this:

  • Property owned by one spouse before the marriage
  • Property one spouse received as a gift
  • Property one spouse received through a will or inheritance

These types of property are generally considered to be "separate property" — not "marital property." Colorado property division law says that marital property, or property acquired during the marriage, must be divided equitably when couples divorce. Property that is found to be separate property can usually be kept by one spouse. The law also divides debts acquired during the marriage.

We can guide you through these complex divorce issues. Our Colorado attorneys are focused on protecting your interests in matters of asset valuation and property division. Paying close attention to detail, we can make sure that you get the positive results you depend on to move forward with your life.

A Lawyer For Complex Assets in Adams County

My dedication and focus are the same — even if your assets are complex. We work with highly qualified professionals who can accurately appraise your assets so that your interests are protected during your divorce. By working with experts such as actuaries, appraisers and certified forensic accountants, we can assist couples in the fair division of:

  • Retirement accounts (IRAs, 401(k)s, pensions)
  • Businesses/family businesses
  • Professional practices
  • Real estate
  • Collections, like car collections or art
  • Tools, antiques and valuables
Asset division in divorce is a complex area of law. To be successful, your attorney must have knowledge of accounting, asset valuation, tax matters and other financial issues. Your attorney must draw on experience with family law judges to understand how the courts tend to treat various items of property. In my Brighton law practice, we draw on in-depth knowledge of these matters to achieve the best possible results for my clients.

Business Valuation

Business ownership by one or both parties can add a layer of complexity to divorce proceedings. When determining the value of businesses, it is important to hire an experienced divorce lawyer who can address all your questions and concerns and guide your case through the legal process.

Our attorneys use years of experience and an in-depth knowledge of the law to help clients with a wide array of divorce matters, including business valuation. Whether you own the business, your spouse does or it is a joint venture, we can help with all aspects of valuation as well as work toward the best possible solution.

Brighton Divorce & Business Asset Attorney

We will work thoroughly and diligently on your case at every step, providing the high degree of representation and attention your case deserves. we can assist with the following:

  • If you own the business, we will help gather documentation needed for your case, involving experts when necessary to properly evaluate the assets and debts of your business.
  • If your spouse owns the business, we will request financial and other documentation regarding the business, involving experts when necessary to look for hidden assets and any other information that may affect your case.

Contact A Divorce Mediation Attorney In Adams County

To set up a phone consultation with a Colorado Divorce Mediator attorney, call my Adams County law firm at 303-500-7706 or fill out the form below. 

 

form-bg.jpg

Want to learn more? We are here to help.