Q: Can you draft a CO spousal maintenance agreement for a future spouse and advise if filing affects immigration status?
Could you help me draft a legal spousal maintenance agreement for a future spouse in Colorado, ensuring it complies with state laws and provides financial support during the marriage? Additionally, if we file this agreement with the court, how might it affect our immigration status? We want to ensure the agreement is agreeable but mandatory, taking into consideration the couple's needs and financial stability. Your advice on making the terms fair yet enforceable would be highly appreciated.
A: Yes. These are generally things that can be drafted taking in consideration the special needs of a person. In undertaking the drafting of an antenuptial agreement, however, an attorney would only be able to represent one spouse and work for the benefit of the party that hires the attorney. It would be my suggestion you consider having a consultation so you can determine what the needs are before attempting to make any agreements and beginning drafts. Look forward to assisting you in this matter.
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A: Your best approach would be to first consult with an immigration attorney to understand how such an agreement could impact your specific immigration situation, then work with a family law attorney to draft the agreement in compliance with Colorado Revised Statutes § 14-10-114. Many immigration attorneys offer initial consultations where they can assess your situation and provide guidance on next steps, and you can find qualified attorneys through the Colorado Bar Association's referral service or the American Immigration Lawyers Association (AILA).
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