If you are contemplating divorce, your mind is probably reeling with questions, concerns, and possibly stress about the process. Unless you have in-depth legal knowledge of the Colorado Uniform Dissolution of Marriage Act, case law, and court procedural rules, you might have a skewed vision about what to expect. Accounts about the experience from others and fictional accounts on TV likely have little bearing on your own circumstances. It is understandable that you feel overwhelmed, anxious, and uncertain about your future.
Fortunately, you do not have to shoulder the legal burdens involved with Colorado divorce alone. Our lawyers at the Jones Law Firm, PC have extensive experience and high-level skills representing clients, so we will advocate on your behalf and protect your rights throughout the process. Please contact our office today to set up a complimentary consultation with one of our divorce lawyers in Centennial. You might also benefit from reviewing some basic information about the relevant laws and how we can support your interests.
You can also view our divorce information center for more in-depth info on these topics:
- Divorce Process
- Divorce Resource Links
- Collaborative Divorce
- Contested divorce
- Uncontested divorce
- High net worth divorce
- Military divorce
- FAQ
Key Topics and Issues in Colorado Divorce Cases
The details will vary depending upon your unique circumstances, but there are multiple issues that may be involved in your divorce case. Our team can advise you and explain the relevant legal concepts that apply to:
Property Division
State laws require equitable distribution of all marital assets, so the initial inquiry is whether you acquired ownership interests before you married. From there, marital property is subject to division between the spouses according to the interests of fairness. All types of assets are included in the property division process, including:
- The residential home and other real estate;
- Vehicles, household items, and other personal belongings;
- Savings, checking, and other bank accounts;
- Certain retirement and investment account proceeds;
- Interests in a business; and,
- Many others.
Generally, gifts to one spouse and inheritances are NOT considered marital property.
Spousal Support
Familiarly known as alimony, many divorcing couples will need to address the issue of spousal support. A lower-earning spouse may be awarded alimony, but it is not automatically granted by a court. If the judge determines that one party is entitled to spousal support, the terms may include provisions on:
- The amount to be paid by one spouse to the other;
- The duration of alimony, which may be temporary or permanent; and,
- The type of spousal support, a concept that relates to the recipient becoming self-sufficient or being reimbursed for contributions to the marriage and household.
Note that a court may award alimony to be paid during divorce proceedings, since one party may require financial support during a process that could take several months or years.
Issues Related to Minor Children
Instead of using custody and visitation, Colorado laws refer to parental responsibilities, allocation of decision making, and parenting time. Courts typically favor both parents having joint and equal rights and responsibilities in these areas; the exception is where the circumstances are unsuitable for co-parenting, such as the presence or threat of domestic violence. Decisions on the allocation of parental responsibilities and parenting time are subject to the child’s best interests standard.
A divorce court will also address the issue of child support to be paid by the non-residential parent. Colorado has established statutory guidelines, which start by analyzing each parent’s income and the number of children entitled to support.
Attorneys’ Fees
In some cases, it may be appropriate for one spouse to pay some or all of the other’s legal costs in a Colorado divorce. The determination is based upon numerous factors, including the parties’ incomes, the value of marital assets, the co-parenting arrangement, and many others.
Strategies for Addressing Divorce Issues
It is true that divorce is an official court case, but that does not mean all issues must be decided by a judge. In fact, there are many advantages to working out divorce issues by agreement in Centennial. For instance, parties can come to a compromise regarding who gets which marital assets and the details of spousal support. Divorcing parents may also agree on child custody and visitation, though the court will review the arrangement to ensure it complies with the child’s best interests factors.
If you cannot agree on some or all divorce issues, any outstanding disputes must be determined by a judge after conducting a hearing. The proceedings are similar to a trial, so you can expect:
- Opening and closing arguments by your attorneys;
- Each side to introduce evidence and testimony to support their respective positions; and,
- Cross-examination of witnesses.
At the conclusion of the hearing, the judge will review all evidence and testimony to issue a ruling on the matter in dispute. Keep in mind that certain matters or conflicts may arise after your divorce case concludes. Our divorce lawyers can assist with enforcement of the court’s orders, parental relocation, or modification of divorce decrees.
Our 4-Step Process in Colorado Divorce Cases
Our team at the Jones Law Firm, PC applies a proven strategy when working with clients on divorce matters. The four steps include:
- You can contact our office to speak with one of our lawyers about initial questions and information on basic legal concepts.
- During the discussion, we can schedule a no-cost consultation to review your circumstances and assess your divorce objectives.
- Through our conversations, our attorneys develop a plan of action to achieve your goals.
- After working with you on the strategy, we put it into effect. We will support you in negotiating and drafting an agreement on divorce issues where possible, but we are ready to fight for you in court.
Set Up a Free Consultation with Our Centennial Divorce Attorneys
As you can see from the above overview, Colorado divorce laws are more complicated than you think. Therefore, it is essential to retain quality legal counsel for assistance with negotiating an agreement, drafting essential documents, and representing you in court. To learn how our team can assist with your case, please contact Jones Law Firm, PC. We can schedule a no-cost consultation to review your circumstances and determine your next steps.
We are dedicated to going after the best possible outcomes for our
Centennial clients: Contact us today at (720) 704-2365 to learn more or to get started with a free consultation.
