Family Law

Deanne Cain Fischlein represents clients in the following family law areas, among others:

  • Dissolution of Marriage (Divorce)
  • Determination of Common Law Marriage
  • Declaration of Invalidity of Marriage (Annulment)
  • Paternity
  • Adoption
  • Modification of Court Orders
  • Enforcement of child support and spousal maintenance Orders

The American Institute of Stress took an inventory of 43 life events and ranked them from the most to the least stressful. Divorce comes in second, slightly behind the death of a spouse, which is first on the list. This is true even if both parties agree that a divorce is in their best interests. Divorce is a life-changing event that involves a number of emotionally-charged decisions.

Deanne Cain Fischlein, experienced family law attorney

Deanne Cain Fischlein has been practicing family law for more than 20 years. She treats all clients as though they were her own family. She operates under the principles of integrity and honesty. If possible, she will assist you in achieving an uncontested resolution of the issues between you and your spouse without litigation. That is, she will attempt to help you resolve your issues so that a judge does not have to make decisions for you in a contested Court setting. Ms. Fischlein believes that you are the one person who knows what is important to you, and therefore, to the extent possible, you should be the person making the decisions about your future. If you must resolve issues through litigation, though we have an outstanding judiciary in the Fourth Judicial District, a judicial officer will likely never know everything about what is most important to you. It is for this reason that we strive to represent you truly and accurately according to your priorities.

Grounds for divorce: Divorce in Colorado is “no fault.” This means the only basis for a divorce that the marriage is “irretrievably broken,” i.e., beyond repair. Blame is not placed on either party, and the events that lead to a divorce will not be factors in determining the distribution of the marital estate.

Distribution of assets: Colorado is an equitable distribution state. All marital property and debt is identified and then divided according to what the court deems to be equitable. Equitable does not mean equal, but means fair. The court considers many factors in making its orders distributing marital property and allocating marital debt.

Spousal Maintenance (also known as Alimony): Either party may ask for spousal maintenance from the other. The court will determine the financial need of the party requesting an award of spousal maintenance and the ability of the other party to pay, among other factors. Other factors the Court may consider include the ability of each party to earn income, the length of the marriage, the parties’ lifestyle during the marriage, the earning history of each party during the marriage, and the distribution of marital property, and the age and health of the parties.

Allocation of Parental Responsibilities (previously known as Child Custody): The court encourages parents to work together to establish their own Parenting Plan including decision-making responsibility and a parenting time schedule that states which parent the child will live with at what times and the arrangements for same. If an agreement cannot be reached, the court will issue a ruling based on what it believes is in the best interests of the children after a hearing. The court will listen to testimony of witnesses, including experts if necessary.

Child Support: Under Colorado law, child support is based on a shared-incomes model, which takes into consideration the incomes of both parents. The Court will generally be guided by the Child Support Worksheet formula, but the court has discretion to fashion an order that meets the needs of the children if it makes findings that the Guideline amount is not appropriate under the circumstances.

Call today to work with Attorney Deanne Cain Fischlein for the best possible outcome.