Ending a marriage can be a difficult and emotionally turbulent process. Having the assistance of an experienced, empathetic attorney can make a world of difference. You do not have to navigate this moment of immense change alone. At Kinnett & Cordes, our mission is to make you feel supported and empowered during your divorce.
The seasoned legal team of Arapahoe County divorce attorneys at Kinnett & Cordes practices only family law and can confidently advocate for you as you make this significant life change. Our clients have found that it is extraordinarily beneficial to have our experienced support during the end of their marriage and to smooth out any upheaval of their family structure.
During a divorce, spouses must make many complicated decisions in regard to:
A compassionate attorney knows how much is at stake and can serve as your advocate, putting your interests at the forefront. They can also assist you with mediation to ensure that both parties receive a fair and equitable outcome.
In order to file for divorce in Colorado, there are residency requirements that must be met. You or your spouse must have lived in a permanent residence in the state of Colorado for at least 91 days immediately before the divorce is initially filed. Unlike in many states, spouses are not required to live separately before filing for divorce. Many spouses elect to live separately, but it is not a legal requirement.
Some reasons why spouses may choose not to separate before filing for divorce include:
If you are considering a divorce and have not yet made the decision to live separately, consult an attorney for trustworthy legal advice about what steps are right for you.
A legal separation can accomplish many of the same things as a divorce, such as division of property, child custody arrangements, and spousal support. However, it is not the same as a divorce and will not dissolve the marriage. A legal separation can grant two spouses the ability to live separate lives with plans in place for their assets and children while still being able to:
Some spouses may elect to file for a legal separation for religious or personal reasons. The process of filing for a legal separation involves the same petition as divorce, and you declare a reason for requesting the separation. Whatever decision you make, an attorney can walk you through the correct steps to make the process as seamless as possible.
In cases where two spouses share custody of a child, coming to a new custody arrangement can be a point of contention. Disputes over custody arrangements are some of the most emotionally charged conversations surrounding divorce. It can require one or both spouses to limit the amount of time they spend with their children.
Custody arrangements should always prioritize the well-being of the child. Many factors will determine the custody arrangement, including parenting time and decision-making. An effective attorney can advocate for sufficient child support and parenting time for you.
Divorce proceedings may involve negotiating spousal support if one spouse earns significantly more money than the other. During mediation, an attorney can negotiate the amount of financial support that the higher earning spouse must pay to the lower earning spouse.
Costs for a divorce vary widely in Colorado due to many factors. Firstly, if you are not filing for the divorce jointly, you must pay a fee for the summons, which is delivered to your spouse to inform them of your intent to divorce. Secondly, legal fees can increase if mediation does not result in agreement from both parties.
The difference between a contested divorce and an uncontested divorce can involve larger fees that go toward building a robust case for a court trial. You may also incur fees for the service of delivering papers to your spouse if you do not file jointly.
When it comes to payment for divorce fees in Colorado, it may be possible to negotiate for a higher-earning spouse to cover the fees of the lower-earning spouse. Attorney fees are specific to every law firm and can be discussed during a consultation. Without the help of an experienced and skilled family lawyer, it may ultimately cost you much more.
There is a mandatory 91-day waiting period between the time you file for divorce and when the divorce is finalized. However, most cases do not get resolved within 91 days due to the need for mediation over the terms of property division, spousal support, and child support arrangements. If a court date is necessary to decide the terms of your divorce, this can prolong the process.
Cooperation is the biggest component to an efficient and fair divorce process. If both spouses are able to agree on the terms of their divorce, this eliminates the need for a court trial. A judge will be involved whether or not the divorce terms are contested by a spouse, but their involvement may be reduced to a simple approval of terms that were agreed upon during mediation.
Of all the tough decisions involved with divorce, choosing an attorney doesn’t have to be one of them. Our seasoned legal team know how difficult this time can be and we are dedicated to making it as smooth as possible for you and your family. Contact the team at Kinnett & Cordes to schedule a consultation with an Arapahoe County divorce attorney so we can discuss your unique case.
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