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Family Law

Burnham law is a family law firm
serving Denver, Boulder, Colorado Springs, Fort Collins and all of Colorado.

When you need the win

You will succeed through this chapter.

We will handle it.

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It’s critical to have an advocate who understands the intricacies of the law and knows how to communicate your interests.

Don’t look back with regret. Some decisions, like choosing a family law attorney, can’t be undone. Do it once and do it right.

Sharp. Strategic. Efficient.
  • We are a team of brilliant lawyers

    Our clients derive the benefits of an unparalleled breadth of talent: eight attorneys selected as Rising Stars and Super Lawyers, a handful of former prosecutors, Child & Family Investigators, and exceptional, seasoned litigators.

  • will stand with you

    We stand shoulder to shoulder with our clients, guiding them toward a successful outcome.

  • we are Prepared & educated

    When parental rights are at issue, our in-house Child and Family Investigators help prepare you for any custody-related case.

Driven. Focused. Smarter.

We see beyond challenges to find solutions.

Divorce

Divorce can be an emotionally and financially stressful experience that can leave you with uncertainties about your future. Having the right divorce lawyer to support you during this process can make all the difference in how your divorce is resolved. The top-rated divorce attorneys at  Burnham Law are ready to partner with you, protect your rights, and effectively guide you through the challenges of divorce. We not only help clients overcome these difficulties and minimize their potential risks but also guide them to new beginnings. Contact us for help with your divorce case.

At any point during the process, high-tension situations can erupt into full-on litigation battles. Sound advice and effective representation, however, can help you stay focused throughout the process.

At Burnham Law, many of our attorneys are trained, certified mediators. Others have years of experience negotiating between combative parties in complex financial and emotional circumstances. This combination of experience makes our lawyers effective at handling various types of divorce cases, no matter the challenge.

Modifications

It is not uncommon for former spouses to want to modify issues addressed in their original divorce decree, such as maintenance, child custody or support, months or years after the decree was issued by the court. Post-decree modifications are possible; however, the court will not just grant them for any reason. Generally, the person who wants to modify the divorce decree needs to be able to demonstrate a significant change of circumstances that looks to remain permanent. While custody terms are binding, they are not set in stone.

It is possible to have them changed. Technically speaking, you can modify a divorce decree any time after the original order was issued, but the Colorado family court system will not simply change custody terms upon request. Stability is viewed as being in the child’s best interest, and the court will not entertain disputes between ex-spouses about their children under the guise of modification. For that reason, any modification made within six months of the original decree may be more difficult to get approved, and for modification at any time, change must be warranted.

Relocation

Relocation is a challenging area in domestic litigation. It is a specialized and nuanced area of law where strategy and lawyering collide, and it’s often the case that a skilled attorney can level the playing field in even the most hopeless cases.

The attorneys at Burnham Law can help you prepare your case if relocation is a factor, whether you or your spouse is seeking to relocate with the children during the initial divorce proceeding (Pre Decree) or after the divorce when a parenting plan is in effect (Post Decree).

Relocation cases regularly involve the use of experts (CFI/PRE Organization & Planning) and/or investigations. We handle these cases regularly and we can help put you in a position to succeed and achieve your goals.

Domestic Violence & Protection Orders

If you are ever physically assaulted by your partner or spouse or reasonably believe you could be, the first thing to do is contact emergency services and get out of the situation as quickly as you can. Domestic violence is a serious crime and it can leave more than just physical scars, especially if your children are present. Once you have removed yourself from the situation, report the incident to the police. Failing to file reports against the perpetrator can make it more difficult for you to prove your case later.

At Burnham Law, we have worked on many divorce cases where domestic violence has occurred, and the perpetrator has been charged. We have represented victims in the criminal proceedings, so they understand what is happening and have someone to advocate for them. This experience also makes us uniquely positioned to make sure the serious issue of domestic violence is reflected in the divorce proceedings, where it is also relevant.

Domestic violence can occur in a manner other than in the form of physical violence. Emotional abuse and manipulative actions can have a similar impact on you and your children. Domestic violence is a complex and emotional reality that many live. The cyclical nature of domestic violence involves ongoing control using emotional, physical and other forms of domestic violence. The cycle of domestic violence is difficult to escape, but your attorneys at Burnham Law are here to help you navigate the legal process in order to help rebuild and regain.

Estate Planning

At Burnham Law, our estate planning attorneys are ready to assist you in developing an estate plan tailored to your specific needs. Whether you need a will or a trust, or you have a simple or complex estate, we have the resources to design a plan that caters to your needs. Our goal is to create a strong legal foundation for you to protect yourself and your family from all of life’s surprises.

Although planning for the future is one of the most important things you can do, knowing which direction to take is not always easy. The attorneys at Burnham Law can provide you with the individualized attention and in-depth instruction you need.

If you pass away without a will and/or estate plan, Colorado law will determine what happens to your property. If you are like most people and prefer to have control over your own property, the attorneys at Burnham Law can assist you. Indeed, we can help you with a wide range of estate planning tools and methods, including wills, trusts, powers of attorney, healthcare documents, and long term care planning.

Probate refers to the legal process that occurs after a person has died. The validity of the deceased person’s will is verified, and someone is appointed as the executor of the will. This executor is then left to manage the will’s estate and distribute assets, such as property, to anyone named in the will. If there is no will, the probate process is used to determine to whom and in what amounts the deceased’s assets should be distributed.

Probate is a catch-all term that covers the legal process, the court in which the issue is handled, as well as the act of distributing any of the deceased’s assets. The probate process covers every aspect of estate administration, including validating the deceased party’s will, appointing an estate administrator, representative, or executive, calculating the value of all assets in the estate, paying off any applicable estate taxes and debts and identifying all beneficiaries or heirs and distributing assets

This process generally begins after the deceased party’s representative files a petition in the probate court. It ends when the court officially closes the estate.

The Role of a Probate Attorney

A probate attorney is a state-licensed legal representative who advises the executor or one or more beneficiaries of a deceased party’s estate. Their day-to-day-responsibilities can vary greatly depending on the probate laws of the state the deceased party died in, and based on whether or not this person passed away without a will.

A probate lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure probate assets, and help obtain appraisals any of the deceased party’s property. They can also ensure that any documents required by the probate court are filed in a timely fashion.

Custody

In Colorado, custody and visitation matters are driven by what is in the best interest of the child. This standard directs the court to consider a variety of factors, including the child’s relationship with both parents and other people in his or her life; the mental and physical health of everyone involved; the child’s adjustment to home, school and community life; and whether there has ever been any domestic violence in the home.

Child custody issues can be as distressing as they are contentious. When these issues threaten your time and relationship with your child(ren), you need a skilled child custody lawyer on your side who can help you protect your rights and interests.

Strategic, tenacious, and compassionate, our attorneys will work with you closely and help you navigate the complicated procedures involving child custody. With our help, you can achieve your goals and protect the best interests of your family. Based on your unique situation, we will develop and implement a game plan to point you in the right direction.

High Asset & High Conflict

Divorce is typically an emotional and stressful experience. During a divorce, it is not unusual for both spouses to take irrational actions that may not be in their best interests or make mistakes that cost them significantly in settlement calculation. There are many special issues that can arise as a part of a divorce involving property and assets, so having an attorney who is experienced in high-asset divorces can make a significant impact on your outcome.

When you have a lot of properties and assets, substantial retirement accounts, stock or business holdings or other benefits, they will be addressed during your divorce. With an experienced and aggressive attorney, you will have a better chance of being aware of all the assets involved and to what you are entitled. Since divorce laws vary by state, having an attorney who is familiar with Colorado law also means you will be able to receive specific guidance as to how the divorce will move  forward in this state. Even if your spouse has full control over the finances when you are divorcing, you may still have the right to have your attorney fees paid from marital property or by the community assets.

With a large number of assets and property on the line and the very nature of your lifestyle being impacted by the settlement, a high-asset divorce can become complicated quickly. For this reason, having an experienced legal team on your side is important. Speak to Burnham Law about your high-asset divorce today. We have the experience and knowledge necessary to fully represent and protect the rights of clients involved in high-asset divorces.

CFI/PRE organization & planning

In situations where parents cannot agree on co-parenting responsibilities and/or how decision-making will be managed, the court will appoint a Child and Family Investigator (CFI) or a Parental Responsibility Evaluator (PRE) to report on what is in the children’s best interest. A CFI/PRE is usually a licensed attorney or mental health professional with knowledge of child development. The role of the CFI/PRE is to conduct an investigation and provide a recommendation to the court about custody and/or decision-making based on what they believe is in the children’s best interest.

Burnham Law’s trained Child and Family Investigator can help you to be more prepared for the often emotionally rigorous process of a child investigation. They can explain the process of an investigation, provide insight on what information an investigator will need and help you organize and disseminate the documents and other evidence that will be crucial for the investigation.

To help keep costs down, the courts have placed some limits on the scope of Child and Family Investigators (CFIs). Being prepared with the correct documents and other information will help you get the best possible outcome from the investigation. Their experiences working with the courts, as well as hundreds of Colorado families, will be a benefit to you and your family.

LGBTQ+ Rights

Burnham Law is proud to offer same-sex legal family planning.  We recognize the need for the highest-quality and strategy-based legal representation for Colorado’s LGBTQ+ community. We provide effective representation to all clients and our depth of knowledge is not limited to traditional family law legal representation. Such specialized representation includes the following, cohabitation agreements, Domestic Partnership agreements, donor insemination contracts, allocation of parental responsibilities between same-sex partners, parenting plans and surrogacy contracts.

Adoption

Colorado is what is known as an “agency state,” which means you have the ability to go through a private or county child placement agency. It is important to know about possible fees associated with the adoption process since private agencies charge fees that can run into thousands of dollars. Whether you can and should use a private or county agency generally comes down to the underlying facts in your case and the speed with which you are hoping to complete the adoption.

The courts take parental rights termination very seriously, so you will need to demonstrate in court that this action is necessary and in the best interests of the child’s health and well-being, but also that the other parent has either been absent or any parenting time has been extremely harmful to the minor child. The burden of proof on an adopting parent to terminate a parent’s rights is very high and the Court will not make the process simple if the matter is contested. 

Because adoptions can be very complicated, it’s recommended that you work with an attorney who is knowledgeable about the procedures, all requirements, the relevant laws and the entire process. An attorney is particularly necessary if you’re dealing with a contested adoption or if there is a question whether an adoption is able to be completed privately versus through an agency.

Bankruptcy shouldn’t be an emotional decision. It should be a practical business decision. If filing Chapter 7 bankruptcy would, on balance, benefit your family or your business then the decision to file bankruptcy is the right one to make.

If done right, bankruptcy is an offensive move that stops creditors and changes lives.  And a good bankruptcy attorney will guide you through the process so your assets are protected and you get the financial fresh start you deserve.

Before divorce, separation or other disputes arise, you own property, financial investments and other things that you rely on to be able to start your new life after litigation. However, after hiring an attorney, struggling through litigation and seeing unexpected bills pop-up, that property is dwindling and the financial investments are often significantly less than when you started. Mediation is an easier and cheaper path forward.

The mediator here has served as a local mediator for cases varying from criminal, restraining orders, domestic disputes and other neighborhood disagreements, including pre-litigation disputes between family members, neighbors, friends or co-workers. In addition to being trained and experienced mediators, our lead mediator is an experienced family law attorney.

Divorce

Divorce

Divorce can be an emotionally and financially stressful experience that can leave you with uncertainties about your future. Having the right divorce lawyer to support you during this process can make all the difference in how your divorce is resolved. The top-rated divorce attorneys at  Burnham Law are ready to partner with you, protect your rights, and effectively guide you through the challenges of divorce. We not only help clients overcome these difficulties and minimize their potential risks but also guide them to new beginnings. Contact us for help with your divorce case.

At any point during the process, high-tension situations can erupt into full-on litigation battles. Sound advice and effective representation, however, can help you stay focused throughout the process.

At Burnham Law, many of our attorneys are trained, certified mediators. Others have years of experience negotiating between combative parties in complex financial and emotional circumstances. This combination of experience makes our lawyers effective at handling various types of divorce cases, no matter the challenge.

Modifications

Modifications

It is not uncommon for former spouses to want to modify issues addressed in their original divorce decree, such as maintenance, child custody or support, months or years after the decree was issued by the court. Post-decree modifications are possible; however, the court will not just grant them for any reason. Generally, the person who wants to modify the divorce decree needs to be able to demonstrate a significant change of circumstances that looks to remain permanent. While custody terms are binding, they are not set in stone.

It is possible to have them changed. Technically speaking, you can modify a divorce decree any time after the original order was issued, but the Colorado family court system will not simply change custody terms upon request. Stability is viewed as being in the child’s best interest, and the court will not entertain disputes between ex-spouses about their children under the guise of modification. For that reason, any modification made within six months of the original decree may be more difficult to get approved, and for modification at any time, change must be warranted.

Relocation

Relocation

Relocation is a challenging area in domestic litigation. It is a specialized and nuanced area of law where strategy and lawyering collide, and it’s often the case that a skilled attorney can level the playing field in even the most hopeless cases.

The attorneys at Burnham Law can help you prepare your case if relocation is a factor, whether you or your spouse is seeking to relocate with the children during the initial divorce proceeding (Pre Decree) or after the divorce when a parenting plan is in effect (Post Decree).

Relocation cases regularly involve the use of experts (CFI/PRE Organization & Planning) and/or investigations. We handle these cases regularly and we can help put you in a position to succeed and achieve your goals.

Domestic Violence & Protection Orders

Domestic Violence & Protection Orders

If you are ever physically assaulted by your partner or spouse or reasonably believe you could be, the first thing to do is contact emergency services and get out of the situation as quickly as you can. Domestic violence is a serious crime and it can leave more than just physical scars, especially if your children are present. Once you have removed yourself from the situation, report the incident to the police. Failing to file reports against the perpetrator can make it more difficult for you to prove your case later.

At Burnham Law, we have worked on many divorce cases where domestic violence has occurred, and the perpetrator has been charged. We have represented victims in the criminal proceedings, so they understand what is happening and have someone to advocate for them. This experience also makes us uniquely positioned to make sure the serious issue of domestic violence is reflected in the divorce proceedings, where it is also relevant.

Domestic violence can occur in a manner other than in the form of physical violence. Emotional abuse and manipulative actions can have a similar impact on you and your children. Domestic violence is a complex and emotional reality that many live. The cyclical nature of domestic violence involves ongoing control using emotional, physical and other forms of domestic violence. The cycle of domestic violence is difficult to escape, but your attorneys at Burnham Law are here to help you navigate the legal process in order to help rebuild and regain.

Estate Planning

Estate Planning

At Burnham Law, our estate planning attorneys are ready to assist you in developing an estate plan tailored to your specific needs. Whether you need a will or a trust, or you have a simple or complex estate, we have the resources to design a plan that caters to your needs. Our goal is to create a strong legal foundation for you to protect yourself and your family from all of life’s surprises.

Although planning for the future is one of the most important things you can do, knowing which direction to take is not always easy. The attorneys at Burnham Law can provide you with the individualized attention and in-depth instruction you need.

If you pass away without a will and/or estate plan, Colorado law will determine what happens to your property. If you are like most people and prefer to have control over your own property, the attorneys at Burnham Law can assist you. Indeed, we can help you with a wide range of estate planning tools and methods, including wills, trusts, powers of attorney, healthcare documents, and long term care planning.

Probate

Probate refers to the legal process that occurs after a person has died. The validity of the deceased person’s will is verified, and someone is appointed as the executor of the will. This executor is then left to manage the will’s estate and distribute assets, such as property, to anyone named in the will. If there is no will, the probate process is used to determine to whom and in what amounts the deceased’s assets should be distributed.

Probate is a catch-all term that covers the legal process, the court in which the issue is handled, as well as the act of distributing any of the deceased’s assets. The probate process covers every aspect of estate administration, including validating the deceased party’s will, appointing an estate administrator, representative, or executive, calculating the value of all assets in the estate, paying off any applicable estate taxes and debts and identifying all beneficiaries or heirs and distributing assets

This process generally begins after the deceased party’s representative files a petition in the probate court. It ends when the court officially closes the estate.

The Role of a Probate Attorney

A probate attorney is a state-licensed legal representative who advises the executor or one or more beneficiaries of a deceased party’s estate. Their day-to-day-responsibilities can vary greatly depending on the probate laws of the state the deceased party died in, and based on whether or not this person passed away without a will.

A probate lawyer can assist with a variety of responsibilities throughout the probate process. They can help identify and secure probate assets, and help obtain appraisals any of the deceased party’s property. They can also ensure that any documents required by the probate court are filed in a timely fashion.

Custody

Custody

In Colorado, custody and visitation matters are driven by what is in the best interest of the child. This standard directs the court to consider a variety of factors, including the child’s relationship with both parents and other people in his or her life; the mental and physical health of everyone involved; the child’s adjustment to home, school and community life; and whether there has ever been any domestic violence in the home.

Child custody issues can be as distressing as they are contentious. When these issues threaten your time and relationship with your child(ren), you need a skilled child custody lawyer on your side who can help you protect your rights and interests.

Strategic, tenacious, and compassionate, our attorneys will work with you closely and help you navigate the complicated procedures involving child custody. With our help, you can achieve your goals and protect the best interests of your family. Based on your unique situation, we will develop and implement a game plan to point you in the right direction.

High Asset & High Conflict

High Asset & High Conflict

Divorce is typically an emotional and stressful experience. During a divorce, it is not unusual for both spouses to take irrational actions that may not be in their best interests or make mistakes that cost them significantly in settlement calculation. There are many special issues that can arise as a part of a divorce involving property and assets, so having an attorney who is experienced in high-asset divorces can make a significant impact on your outcome.

When you have a lot of properties and assets, substantial retirement accounts, stock or business holdings or other benefits, they will be addressed during your divorce. With an experienced and aggressive attorney, you will have a better chance of being aware of all the assets involved and to what you are entitled. Since divorce laws vary by state, having an attorney who is familiar with Colorado law also means you will be able to receive specific guidance as to how the divorce will move  forward in this state. Even if your spouse has full control over the finances when you are divorcing, you may still have the right to have your attorney fees paid from marital property or by the community assets.

With a large number of assets and property on the line and the very nature of your lifestyle being impacted by the settlement, a high-asset divorce can become complicated quickly. For this reason, having an experienced legal team on your side is important. Speak to Burnham Law about your high-asset divorce today. We have the experience and knowledge necessary to fully represent and protect the rights of clients involved in high-asset divorces.

CFI/PRE organization & planning

CFI/PRE organization & planning

In situations where parents cannot agree on co-parenting responsibilities and/or how decision-making will be managed, the court will appoint a Child and Family Investigator (CFI) or a Parental Responsibility Evaluator (PRE) to report on what is in the children’s best interest. A CFI/PRE is usually a licensed attorney or mental health professional with knowledge of child development. The role of the CFI/PRE is to conduct an investigation and provide a recommendation to the court about custody and/or decision-making based on what they believe is in the children’s best interest.

Burnham Law’s trained Child and Family Investigator can help you to be more prepared for the often emotionally rigorous process of a child investigation. They can explain the process of an investigation, provide insight on what information an investigator will need and help you organize and disseminate the documents and other evidence that will be crucial for the investigation.

To help keep costs down, the courts have placed some limits on the scope of Child and Family Investigators (CFIs). Being prepared with the correct documents and other information will help you get the best possible outcome from the investigation. Their experiences working with the courts, as well as hundreds of Colorado families, will be a benefit to you and your family.

LGBTQ+ Rights

LGBTQ+ Rights

Burnham Law is proud to offer same-sex legal family planning.  We recognize the need for the highest-quality and strategy-based legal representation for Colorado’s LGBTQ+ community. We provide effective representation to all clients and our depth of knowledge is not limited to traditional family law legal representation. Such specialized representation includes the following, cohabitation agreements, Domestic Partnership agreements, donor insemination contracts, allocation of parental responsibilities between same-sex partners, parenting plans and surrogacy contracts.

Adoption

Adoption

Colorado is what is known as an “agency state,” which means you have the ability to go through a private or county child placement agency. It is important to know about possible fees associated with the adoption process since private agencies charge fees that can run into thousands of dollars. Whether you can and should use a private or county agency generally comes down to the underlying facts in your case and the speed with which you are hoping to complete the adoption.

The courts take parental rights termination very seriously, so you will need to demonstrate in court that this action is necessary and in the best interests of the child’s health and well-being, but also that the other parent has either been absent or any parenting time has been extremely harmful to the minor child. The burden of proof on an adopting parent to terminate a parent’s rights is very high and the Court will not make the process simple if the matter is contested. 

Because adoptions can be very complicated, it’s recommended that you work with an attorney who is knowledgeable about the procedures, all requirements, the relevant laws and the entire process. An attorney is particularly necessary if you’re dealing with a contested adoption or if there is a question whether an adoption is able to be completed privately versus through an agency.

Bankruptcy

Bankruptcy shouldn’t be an emotional decision. It should be a practical business decision. If filing Chapter 7 bankruptcy would, on balance, benefit your family or your business then the decision to file bankruptcy is the right one to make.

If done right, bankruptcy is an offensive move that stops creditors and changes lives.  And a good bankruptcy attorney will guide you through the process so your assets are protected and you get the financial fresh start you deserve.

Mediation

Before divorce, separation or other disputes arise, you own property, financial investments and other things that you rely on to be able to start your new life after litigation. However, after hiring an attorney, struggling through litigation and seeing unexpected bills pop-up, that property is dwindling and the financial investments are often significantly less than when you started. Mediation is an easier and cheaper path forward.

The mediator here has served as a local mediator for cases varying from criminal, restraining orders, domestic disputes and other neighborhood disagreements, including pre-litigation disputes between family members, neighbors, friends or co-workers. In addition to being trained and experienced mediators, our lead mediator is an experienced family law attorney.

Comprehensive representation throughout all aspects of family Law.
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We see your situation from every angle.

Our attorneys are dedicated, high-level, experienced family law litigators who are hand-picked based on both their knowledge of Colorado family law and their ability to think strategically.

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3 WAYS to protect your children during a custody case!

There are three ways you can protect your child during a custody case. When I think of protecting a child, I think about their emotional development. Don’t include them in the fight The first thing that comes to mind is not including them. You can protect them by not talking to them about the case....

View Articles on Q&A

Biggest Mistake People make During Divorce!

This is Todd Burnham, the Founding Partner of Burnham Law, and an experienced family law lawyer with a superb record. In this post, I will tell you the biggest mistake you can make in your divorce case. How to Lose a Divorce Case What you need to remember is that there is no real winner...

View Articles on Insight

Can Divorce be Good for Children?

This is Todd Burnham, the Founding Partner of Burnham Law, and an experienced family law lawyer with a superb record. This blog talks about the benefits of a divorce. Divorce – The Last Option? Can divorce be good for children? Family Court lawyers think about this a lot. Your divorce is a deeply personal issue,...

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Divorce vs Legal Separation

Legal separation and divorce are two separate subjects, even if some of the effects of these two actions are similar. A legal separation can be the right option for couples who want to live apart but are not ready to go through the divorce process for any number of reasons. Before you decide to get legally separated...

View Articles on Dictionary

3 TIPS for BEST Communication with your Co-Parent!

Do you have a high conflict situation going with your co-parent? Here are three ideas. Keep it in writing One, keep it in writing. Everything that we do or that we’re talking about should be in writing so it can be verified. It’s amazing how people’s recollection changes once they’re in court or being interviewed...

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