Adams County Divorce Attorney

Adams County Divorce Lawyer

c, and it is crucial to have legal representation you trust to guide you through this ordeal. If you are preparing to divorce, an attorney can provide valuable assistance through each stage of the process. Regardless of whether you believe your divorce will be amicable or hostile, you need a reliable attorney to help you reach optimal results.

Divorce Representation in Adams County, CO

The team of Adams County divorce attorneys at Kinnett & Cordes provides focused and results-driven legal representation for divorce and other family court matters in Adams County. Our firm has successfully guided many past clients through difficult divorce proceedings, and we are ready to put this experience to work in your upcoming case. We can identify the greatest areas of concern for your divorce proceedings and will do everything we can to streamline your case.

Do not assume that you can reach a positive outcome to your divorce on your own, even if you and your spouse are relatively agreeable toward one another. Many people carry misconceptions about Colorado’s divorce laws and what they can expect as their dissolution proceedings unfold, and you could encounter situations that you will be unable to resolve without experienced legal counsel on your side.

The outcome of your divorce is likely to impact your life in various ways for years to come. You have several issues to resolve, and the emotional strain of the situation can make it difficult to remain objective about the issues you must address to complete your divorce. You also may have more options for resolving certain aspects of your divorce than you initially realize. The sooner you connect with an Adams County divorce attorney, the more time they have to prepare your case.

Important Elements of a Divorce in Adams County

Divorce is more than just ending your marriage contract. It is also the formal legal process for dividing your and your spouse’s marital property, establishing financial agreements between the two of you, and, if you have children, resolving custody and financial support for them. After confirming that you meet the residency requirements for divorce in Colorado and filing the divorce petition, the case will focus on resolving various issues between the spouses.

A common myth about divorce is the belief that being the one to file the divorce petition offers an advantage in divorce proceedings. This is not true, and Colorado upholds the no-fault divorce law. This means that you do not need to state a specific reason for divorce in Colorado, only that the marriage has broken down beyond hope of reconciliation. It does not matter which spouse files the divorce petition.

The objective of divorce proceedings is to move a contested divorce to an uncontested state with mutually acceptable terms for both spouses. This will be easier in some divorces than others, and there is always a possibility for a divorce to become hostile in many ways. Your Adams County divorce attorney can help you develop a strategy for navigating this process successfully.

Property Division in Colorado

Colorado uses the equitable distribution standard to resolve property division in divorce. This means the court will seek the fairest possible division of the divorcing spouses’ marital assets based on their respective separate property, income, and job prospects. This does not mean that each spouse will receive an exactly equal share of their marital property.

Each of the divorcing spouses can keep separate property, such as inheritance they have received from blood relatives, gifts given only to them, and assets they owned prior to marriage. However, any property the couple acquired during their marriage, as well as income earned by both spouses during the marriage, will qualify as marital property and will, therefore, be subject to division under the equitable distribution law.

If one spouse was financially dependent on the other, it could translate to them receiving a greater share of marital property than the other to account for this economic disparity. Both spouses will need to submit a complete and accurate financial disclosure statement that shows all of their financial records so the court can verify that the property division agreement is as equitable as possible.

Spousal Support

In some divorces, the financial disparity between the spouses shows a need for financial support from one spouse to another. For example, if one spouse earned all of the couple’s income, or if one spouse earns significantly more than the other, the lower-earning spouse is likely to need financial support in order to maintain their standard of living after divorce. Spousal support may also be requested if the intended recipient will be unable to work in the future.

When spousal support is approved, the paying spouse will continue making payments according to the court’s order. Generally, the payment term will be about half the length that the marriage lasted, but it can last indefinitely under certain conditions. Spousal support can terminate once the recipient remarries, begins living with a new partner, or if they have an increase in income.

Child Custody and Child Support

If you and your spouse have children, a child custody determination is likely to be the most difficult aspect of your divorce proceedings. This is not an issue that you and your spouse can resolve privately; the court must verify that your custody agreement suits the best interests of your children, and two types of custody must be arranged:

• Legal custody is the ability to make important decisions for a child.
• Physical custody determines where the child will live and how much time they spend with each parent.

Generally, the family court of Adams County will seek to divide custody between divorcing parents as evenly as possible as long as both parents are deemed fit and are both capable of handling their child’s day-to-day needs. The divorcing parents may privately negotiate their preferred custody terms, but they will need the approval of the court to have a custody order finalized in Colorado.

When deciding custody, the court will examine various factors about the spouses, such as each parent’s bond with their child, each parent’s work schedule and availability to handle the child’s daily schedule, living arrangements, and how close the parents live to one another, the child’s school, and extended relatives. If either parent has a criminal record, a history of child abuse or domestic violence, or a substance abuse disorder, they are unlikely to secure custody.

In a joint custody agreement, the parents share legal custody and must consult one another about all major decisions for their child, and they will have an alternating schedule for physical custody based on what the court believes would be most beneficial to the child. However, if one parent is unable to manage as much physical custody as the other, the parents may share legal custody but have an uneven division of physical custody based on availability.

Child support is another crucial factor in every custody order. The court must ensure that both parents contribute equally to the financial burden of raising their child. In almost all custody agreements, one parent will be required to pay child support to the other. These payments must be made on time and in full; otherwise, the paying parent could face contempt of court and other serious penalties.

Modifying a Custody and Support Order in Colorado

The family court acknowledges that life can present unpredictable challenges, some of which will directly interfere with a standing custody and support order. The modification process allows a parent to address such issues by petitioning the court to make necessary changes to their custody and support terms to reflect recent life events.

For example, if you are required to pay child support but suffer a debilitating injury and are unable to work, your current child support obligation may be untenable. You can file a petition for modification, asking the court to reevaluate your child support agreement to reflect this change in your income. It is also possible for a parent to petition for a change to custody terms if they believe the change would better suit their child’s needs and interests.

The modification process is relatively straightforward. Once a petition is entered, the court sets a hearing date, and both parties will have the opportunity to present evidence and arguments. If you are requesting a modification and your ex acknowledges that it is a fair and reasonable request, they may agree without contest. However, there is also a chance that they will contest the modification and present a counterargument.

How Your Adams County Divorce Attorney Can Help

Divorce can be an incredibly difficult process, even if you think you and your spouse are on relatively amicable terms. The right law firm can be an invaluable asset for guiding you through these proceedings, helping you make sound decisions for the future, and assisting you with securing the divorce terms you hope to secure. They will also be there to address any unexpected complications that arise.

Kinnett & Cordes provides client-focused legal representation to every client we assist in Adams County. We know that divorce can be challenging, and even if your case seems relatively straightforward at first, you are likely to have many questions that you will be unable to answer on your own. Our goal is to help you approach divorce with clarity and provide the assistance you need throughout every step of your proceedings.

Divorce is a long and complex process, and if you are certain that your marriage is ending, it is vital to consult reliable legal counsel as quickly as possible. Contact Kinnett & Cordes today to schedule a consultation with our team and learn more about the legal services we provide in Adams County.