At James & Associates, LLC we offer a variety of family law services. For each of the following types of cases we offer a range of options including full representation, drafting assistance, legal advice, collaborative divorce and mediation. Please note the descriptions below are intended to be a brief explanation of the types of cases we offer. These are by no means comprehensive and do not include all of the aspects that may be at issue in your case. Such descriptions do not constitute legal advice.
Daryl James has offered mediation services to families in transition since 2009. Mediation is conducted in a neutral setting that helps open lines of communication between parties to enable them to effectively solve difficult issues related to children and families. Mediation is used to resolve disputes during and after divorce, legal separation, parenting and decision making changes for your family. Mediation is a cost effective way to ensure a fair division of finances and parenting time.
As a mediator Mr. James serves as an impartial third party, helping to resolve disputes and to overcome difficult issues amicably between the parties. The mediator listens carefully to both viewpoints, encourages problem solving and may suggest things to think about or potential solutions. Mediation can occur with or without attorneys present, and may take one or more sessions. Many people find this to be a comfortable and cost-effective way to reach a resolution.
Parties can participate in mediation whether it is court-ordered or voluntary. The mediation process is always confidential unless the parties and the mediator agree otherwise. Mediation can result in binding, written agreement(s), reached and signed by the parties. These agreements can be enforced by the courts or adopted as orders of the court.
This process is similar to mediation and helps resolve difficult issues and disputes, but differs in that, if parties are unable to reach an agreement during mediation, the mediator/arbitrator will make a binding decision. An advantage of this process is that it results in a timely decision if the parties are unable to come to agreement. A written award is submitted by the mediator/arbitrator to the court, and when adopted by the judge becomes an order of court.
As a parenting coordinator and/or decision-maker (PC-DM) Mr. James serves as an impartial third-party. A parenting coordinator assists in the resolution of disputes between the parties concerning parental responsibilities, including but not limited to implementation of the court-ordered parenting plan. A decision maker has binding authority to resolve disputes between the parties as to implementation or clarification of existing orders. Decision-making is similar to the mediator/arbitrator role, but is more limited with respect to the kinds of decisions that can be made. As PC-DM, Mr. James first works with the parties to try to help them reach agreement; if no agreement is forthcoming, then he makes a decision which is then filed with the court. Once the court adopts the decision, it is an order of court.
To learn more about these kinds of services, contact our office.
A divorce (Dissolution of Marriage) case is a type of case filed in the domestic relations division with the final result being the end of a legal marriage. Because divorce involves the separation of the parties financial, social and practical lives, determinations regarding equitable property division, maintenance (alimony), allocation of parental responsibilities (if the parties have minor children) and child support and payment of attorney fees are resolved in the process.
In terms of process filing for a legal separation is equivalent to filing a petition for dissolution of marriage, except the final result is a legal separation. The parties remain legally married, which allows them to take advantage of some benefits available to married persons, but separate their financial, social and practical lives as if they are divorced.
Custody—Allocation of Parental Responsibilities
In February 1999, the Colorado Legislature stopped using the term custody and instead adopted the term Parental Responsibilities. In an action for the Allocation of Parental Responsibilities determinations regarding parenting time, parental decision making and financial support of children are made.
Motions to modify are post-decree cases. They are filed after the Court has made an initial order. Such motions can be filed to modify: child support, maintenance, parental decision making or parenting time. These motions are filed into an existing case and re-opens the case.
Motions for contempt, for entries of judgment and to enforce orders are all filed post-decree (After an order has been entered by the Court) when a party has not complied with the order.
Paternity actions are cases to establish a parent-child relationship. Numerous rights and responsibilities attach to parent-child relationships including, but not necessarily limited to financial obligations, parenting time, and parental decision making.
Civil Protection orders are entered in order to prevent a restrained person from assaulting, threatening, abusing, stalking and harming the protected individual. Such protection orders generally prevent the restrained person from going certain places, contacting the protected person or engaging in behaviors designed to harm the protected person.
Pre-Marital and Marital Agreements
These are agreements entered into between parties who intend to marry or who are already married affirming, waiving or modifying rights afforded to parties who have the status of being married.
Dissolution of Civil Unions
A dissolution of a civil union is exactly the same as a dissolution of marriage except the status of the parties when filing was that of partners to a civil union.
Wills, Powers of Attorney and Medical Directives
Marriage or divorce can nullify your existing testamentary documents. As such, James & Associates offers preparation of wills, powers of attorney and medical directives.