Other than the "Main Issues", there are many other issues that may pertain to your particular situation which I can help you with... such as:

Common Law Marriage

Colorado has historically recognized a common law marriage. There is no such thing as “common law divorce”, once a marital relationship has been entered (for example: filing a marital tax return) the law requires the marriage to be formally dissolved.

The Supreme Court of Colorado has commented: “The frequency of nonmarital cohabitation has substantially increased since the 1940s. (See Bureau of the Census, Marital Status and Living Arrangements: March 1993, ) (indicating that from 1970 to 1993 alone, the number of unmarried couple households in the U.S. increased 571%, from 523,000 to 3,510,000). As a result, courts throughout the country now face with increasing regularity the controversies arising out of the breakup of these relationships. Litigants have asked courts to establish the appropriate balance between the public policy favoring marriage, old cases explicitly disapproving any intimate contact outside of marriage, and accepted modern mores.”

Mediating a smooth and peaceful separation even when a formal marriage has not been entered into is a worthwhile endeavor. There may be personal property items which need to be allocated, perhaps there exists joint credit cards or lines of credit that need to be allocated, and/or other issues which should be finalized, so as to avoid future issues that may arise.

Insurance

Future medical health insurance is often a major concern, particularly if there has been a medical history of preexisting conditions. Being informed as to the options that may exist is an important component of a fair and equitable agreement. There may exist options designed to provide an extension of services. The issue of medical/dental insurance for the child(ren) is “covered” under the Colorado Support Guidelines, including how to account for the children’s uninsured costs of treatment. There are options available to address these concerns, particularly, if the parties are truly motivated to find an equitable solution.

Life insurance … What happens if a parent should predecease his/her financial commitment to provide child support or other financial assistance for the “family”?

Does there exist value in a policy? Who should own the policy? Who should pay the premiums? Is the cost not now affordable, but may be something that is to be pursued in the future? Who should manage the funds, in the event of a parent’s death?

Prenuptial / Postnuptial Agreements

Marital / Prenuptial / Postnuptial Agreements …. Colorado has adopted the Uniform Marital Agreement Act, which encourages parties to consider and contract for the possibility that their marriage may be dissolved. These agreements involve not only marital rights, but also has impact in estate and probate proceedings. My experience is that mediating the terms of a pre-nuptial agreement is a prudent endeavor, particularly when there is pre-existing assets and resources such as pension benefits, retirement accounts, real estate, and business enterprises. Colorado “protects” the separate property interests of a person, however, the increase in value (including the decrease in the underlying encumbrance) is marital. When dealing with the real estate market, the stock market, and the economy in general often times there are increases in value that have no relationship to the amount of time/money invested. Obviously, in the past few years we have all experienced a decrease in value, that has little or no relationship to the time/money invested. Protecting these volatile resources is a prudent and reasonable issue to consider. It is far more fruitful to discuss and agree upon pre-marital issues than to do so in the midst of a dispute.

Grandparent Visitation

The issues surrounding the parenting time privileges of others is a most interesting legal dilemma.

Business Evaluations

There is a distinct area of expertise involved in the “appraisal” / evaluation of an ongoing business enterprise. Experts in the area describe the evaluation of a business as: being an art not a science. The concept of goodwill has been described: as the expectation of continued and repeated public patronage. The question is whether there is value to a business, in excess of furniture, equipment, inventory, fixtures, and accounts receivables?

Some industries can be valued based upon an “industry rule of thumb”, other businesses may require a more detailed review and analysis. I have successfully worked with a number of experts in this field.

Real Estate

Today, given the volatility of the global market it is more and more important to procure the opinion of an expert as to the fair market value of any real estate.

The parties have a number of options pertinent to establishing a fair market value of their real estate holdings. I can provide helpful guidance in advising the parties as to the numerous options that are available. Given the current “state of affairs” it is generally in both parties interest to investigate the true fair market value of any real estate holdings, rather than rely upon “educated guesses.” How the existing mortgage is to be assumed, or refinanced is an issue that requires the type of expert assistance my offices can supply. Once an agreement is reached, I can also provide the parties with the necessary transfer documents that need to be recorded.

Financial Affidavits

The court expects both parties to exchange all financial information including tax returns, bank statements, lien statements, pension/retirement accounts and any other financial information. There is a “financial affidavit” form that is required to be filed. The financial affidavit establishes the “basis” from which any and all agreements are reached. A successful mediation is predicated upon full and complete disclosure.

Legal Representation

There seems to be a general misunderstanding as to involvement of lawyers in the process of mediation. It is essential to the process of mediation, that both parties feel the agreement is fair, workable, and that the same can be the cornerstone of a good future working relationship. A Mediator does NOT act as legal counsel for either party. Both sides will be encouraged to have an independent attorney review the terms and conditions of any agreement that is reached, prior to formally executing the agreement.

Spousal Alimony

(see “football field” letter. Will update soon.)