Denver Divorce Attorney

best denver divorce attorney

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Denver, CO Divorce Lawyer

Divorce is often an incredibly difficult experience. Though it’s sadly becoming increasingly common, the process has not become any less emotionally taxing. Divorce is not just about ending a marriage; it is about restructuring your family and restarting your life. If your marriage is coming to an end, it may be time to contact a Denver divorce attorney.

Though the process can certainly be intimidating, it’s important to know that there are ways to reduce the amount of stress your family experiences. Not all divorces have to be contentious or dramatic, and it’s possible to complete the process with your dignity and nerves intact.

The key to a smooth divorce is having an experienced Denver divorce attorney on your side. Though some people believe that they can navigate their divorce on their own, this is almost never the case. Even the most amicable divorces required an experienced legal hand to oversee and negotiate the terms of the divorce. Without professional assistance, you’re likely to encounter unnecessary challenges and issues.

Hire a Divorce Attorney

When it comes to family law, no firm is more capable than ours. We focus only on family law cases, which gives us focused experience in divorce law. By honing our experience in one area of law, we are able to provide comprehensive advice to your family and ensure the very best legal counsel.

For many years, we have been helping Denver families restructure and adjust during the divorce process. Through mediation and/or litigation, we can help make sure that your divorce is fair and the terms are appropriate for your situation. When you work with us, you can be sure that you have skilled family law representation in the Denver area. No other firm has our level of niche experience and proficiency in this field.

What Does a Divorce Involve?

Many people understand the concept of divorce, but they don’t fully understand what the process entails. During the divorce proceedings, you will be discussing a myriad of issues with your spouse or their lawyer. These discussions will outline the privileges of both you and your spouse and give you an idea of what your life will look like once the divorce is finalized.

It’s important to understand what’s involved in a divorce so that you can mentally and emotionally prepare yourself for the process.

Property

When you get married, you agree that your assets will become the marital property of both you and your spouse. Signing a prenuptial agreement is the only exception. Divorce proceedings, therefore, determine how those shared assets should be subsequently divided between you and your spouse.

Your Denver divorce attorney and your spouse’s attorney will help to divide assets fairly, so you both retain some assets after your divorce. Sometimes, this involves selling assets and dividing the profits. In other situations, this can mean allotting certain assets to one spouse and the rest to the other, provided their combined values are equal.

This process can be complex because everything is subject to division. Sentimental items are not immune, and without proper legal help, you can easily lose things that mean a lot to you. The process becomes even more complicated if you and your spouse have significant assets or own a business together.

Children

If you have children, you will need to make decisions concerning their care and well-being. Allocation of parental rights is one of the most emotional parts of a divorce because it requires both parents to see their children less frequently than they may desire. In some situations, child support is also necessary.

In allocation of parental rights, parenting time, and support proceedings, the judge will only consider the well-being of the child. Your thoughts and opinions will likely take a backseat as the court assesses what arrangement will be best for your children.

Spousal Support

Finally, divorce proceedings may involve spousal support, AKA spousal maintenance, negotiations. These usually come into play when one spouse makes significantly more money than the other. In these situations, the attorneys will negotiate a sum that the higher-earning spouse will pay to the lower-earning spouse. This money helps to bridge the gap between marriage and single life for the lower-earning spouse and ensures that they have what they need to build a new life. These rarely last forever; usually, spousal support agreements last for only a few years.

Why Do I Need a Denver Divorce Attorney?

Your possessions, children, and lifestyle are all at stake, which means you could potentially lose out on essential support if you don’t have an attorney. Without help, your spouse and their attorney can easily take advantage of you and ensure that you get very little in the divorce outcome.

A Denver divorce attorney can help you to navigate the complicated divorce process and ensure that you get what you deserve in your settlement. Legal representation provides essential support during this complicated time.

Divorce Mediation

Many people don’t realize that full courtroom legal action is not always required in a divorce. Though your divorce will need to be approved by a judge, the process of deciding the terms of your divorce can be done in mediation. In this situation, you and your spouse will sit down with one mediation attorney. We will discuss all the necessary areas of your divorce and help you negotiate a settlement. This saves time and money and can be more civilized than litigation.

The Divorce Process in Denver, Colorado

In 2023, Colorado had a divorce rate of 2.8 per 100,000 residents. A divorce begins when one spouse or both spouses file a Petition for the Dissolution of Marriage with the Denver District Court. At least one spouse must have lived in Colorado for 91 days before filing. When child custody is involved, the children generally must have lived in the state for at least 182 days or since birth if they are younger than six months old.

Spouses may file together as petitioner and co-petitioner. Otherwise, the filing spouse must formally serve the other spouse with the petition and summons. The responding spouse generally has 21 days after service to file a response. That deadline extends to 35 days if the spouse is served outside of Colorado or through publication.

Under Colorado divorce laws, the state imposes a mandatory 91-day waiting period before a court may finalize a divorce. For a joint petition, the period begins on the filing date. When only one spouse files, it begins when the other spouse is served or signs a waiver of service. This is only a minimum period. Contested divorces often take considerably longer.

The Court normally schedules an initial status conference shortly after the case is filed. Both spouses must typically exchange a sworn financial statement and mandatory financial disclosures by the conference date or no later than 42 days after service. These disclosures provide information about income, property, debts, expenses, and other financial matters.

The spouses must then resolve issues such as property division, marital debt, maintenance, child support, parenting time, and decision-making authority. They may negotiate directly, work through their attorneys, or participate in mediation. If they reach a complete agreement, they may submit it for a judge’s approval after the waiting period.

If disagreements remain, the Court may hold hearings and ultimately issue a final order. Because missed deadlines can delay a divorce case or affect a spouse’s rights, prompt legal guidance can be invaluable throughout the process.

Temporary Orders During a Divorce

A divorce can take months to resolve, but families often need immediate rules for finances, housing, and children. Either spouse may ask the Court to enter temporary orders that remain in effect while the case is pending. These orders do not necessarily determine the terms of the final divorce decree. Temporary orders may address the following:

Which spouse may remain in the family home
Parenting time and decision-making responsibilities
Temporary child support or spousal maintenance
Payment of the mortgage, utilities, insurance, and other household expenses
Use of vehicles and other marital property
Payment of attorney fees

A spouse requesting temporary orders must file the appropriate motion and supporting documents. When financial relief is requested, both spouses may need to submit sworn financial statements and supporting records. The Court may schedule a hearing at which each side can present evidence concerning income, expenses, the children’s needs, and the family’s current living arrangements.

Temporary orders generally remain enforceable until the Court changes them or enters a permanent order. Violating an order could lead to enforcement proceedings or other consequences.