Jefferson County Divorce Attorney

Jefferson County Divorce Lawyer

Ending a marriage is a difficult experience, even when both spouses agree that it is a necessary step. The divorce process involves more than just ending a marriage contract; it also requires division of property and, if the couple has children, determining custody and child support. An attorney is an invaluable asset if you believe you will be ending your marriage in the near future.

Compassionate Legal Counsel for Divorce in Jefferson County

The Jefferson County divorce attorneys at Kinnett & Cordes have extensive experience guiding clients through their divorce proceedings in Jefferson County, and we can provide the legal counsel you need in this difficult situation. Whether you have decided to end your marriage, your spouse made the decision, or the two of you mutually agreed to divorce, the process is likely to be harder than you expect.

The outcome of your divorce is also likely to affect your life in various ways for years to come. You need an experienced Jefferson County divorce attorney you trust to help you address each facet of the process and reach an acceptable outcome. With our assistance, you can approach your divorce with peace of mind and have a greater chance of securing the terms you hope to see in your divorce order.

Elements of Divorce in Colorado

You must address several issues in the divorce process. Your Jefferson County divorce attorney can help you gather the documentation you will need to resolve each item that requires your attention as efficiently as possible. One of the most important steps you must complete is financial disclosure. Both spouses must submit complete financial records for the purposes of property division and settling issues such as spousal support and/or child support.

Property Division in a Jefferson County Divorce

Colorado enforces the equitable distribution law for property division in divorce. Each spouse can keep separate property, such as assets they owned prior to marriage, gifts they have received, and inheritance. However, anything earned or acquired by the couple during their marriage will qualify as marital property and be subject to division under the equitable distribution rule.

Equitable distribution does not mean equal distribution, so marital assets may not be divided 50/50 between the spouses. The court will seek the fairest possible division of assets, taking each spouse’s income, job prospects, and separate property into account. For example, if one spouse earns significantly more income than the other, the lower-earning spouse may receive a larger share of marital property in divorce under the equitable distribution law.

Child Custody

When divorcing spouses have children, determining custody is likely to be the most contentious issue in their divorce proceedings. They cannot negotiate child custody privately. While they may discuss a parenting plan, the court must approve a custody decision to ensure it suits the best interests of their children.

The court will decide legal custody, which is the ability to make important decisions for a child, and physical custody, which applies to residency and where the child will live. When feasible, the court will generally aim to provide the child with as close to equal access to both parents as possible. Joint custody arrangements are common, and the child will have an alternating schedule for spending time with each parent.

However, if a parent is determined unfit, they may not receive any custody rights. It is also possible that one parent’s work schedule prevents them from managing their child’s day-to-day activities,  resulting in an imbalanced physical custody arrangement but with the parents sharing legal custody. Your attorney can explain the factors the court will consider and help you make the strongest possible case for the custody rights you hope to secure.

Child Support

Every child custody order will be accompanied by a child support order. The court must ensure the child’s financial needs are met and both parents equally contribute to the financial burden of raising their child. When one parent assumes a larger share of physical custody than the other, they are likely to receive child support from the other parent.

It is important to remember that if you are required to pay child support, failing or refusing to do so can lead to severe legal penalties. If you experience a sudden change in your life that prevents you from meeting your obligation, it is possible to petition the family court to modify your support order to reflect this change. It is also possible for a custodial parent to petition for increased support if their child’s needs change.

Spousal Support

If one spouse has been financially dependent on the other for a significant amount of time, they may receive spousal support as part of the divorce. Also known as alimony, it is paid based on the difference in their incomes and the length of time the marriage lasted. Alimony usually terminates once the recipient remarries or experiences a positive change in their finances that allows them to be financially independent.

Resolving Your Divorce in Jefferson County

The vast majority of divorce cases entered into the Jefferson County family court system begin as contested divorces, and spouses must negotiate various issues before they can move the divorce to an uncontested state in which they agree on mutually acceptable terms. There are several options for resolving a contested divorce, including litigation and different forms of alternative dispute resolution.

In some divorces, the spouses are amicable toward one another and are both keen to resolve the divorce, making alternative dispute resolution a viable option for streamlining the divorce process. Other divorces are more emotionally charged and contentious, and litigation may be the only way the couple can resolve the situation.

Whatever your case requires, it is essential to have legal representation you trust to guide you through this difficult process. A Jefferson County divorce attorney can help you prepare all of the documentation required for your divorce proceedings, prepare you for each new phase of the divorce, and ultimately help you secure the fairest possible outcome.

Kinnett & Cordes can provide comprehensive and responsive legal advocacy for your impending divorce case in Jefferson County. Contact us today and schedule a consultation to speak with a defense lawyer to advocate for your interests in the divorce proceedings ahead.