Douglas County Divorce Attorney

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Douglas County Divorce Lawyer

Going through a divorce or separation is undoubtedly an emotionally tolling experience for most families and individuals going through such a foundational change. It is a complex legal undertaking, even for the most seemingly simple cases. Many spouses seek to settle through an uncontested divorce. However, many soon find themselves in contentious circumstances. Speaking with a Douglas County attorney about your divorce can help you navigate the process, including alternative dispute resolutions.

At Woody Law Firm, LLC, a family law firm, we’ve overseen countless law proceedings in and outside of court for the relevant legal issues addressed during a divorce or legal separation. Our Douglas County divorce attorneys and legal team have assisted individuals who are legally married, including same-sex marriages, as well as couples in common-law marriages, civil unions, and domestic partnerships. We’re prepared to help you no matter how complex the situation appears.

Handling Divorce Issues and Family Law Matters

There are multiple areas that must be handled before the divorce case is considered complete, such as:

Marriage dissolution. A petition must be filed to initiate the divorce or separation proceedings. Under Colorado law, the residency requirement asserts that one of the spouses must have lived within the state for at least 91 days before filing for divorce. There are no effective grounds for divorce beyond determining that the partnership is indeed irrevocably broken and cannot continue working or be fixed.
Dividing the marital property. Colorado recognizes all property gained after two individuals have married (and up until dissolution) to be marital property, meaning each spouse has an equal right to the assets shared between them and, therefore, has a right to an equitable division.Property can include real estate, vehicles, personal and household property (e.g., furniture, art, jewelry), debt and other financial obligations, bank accounts, retirement accounts, business interests, and investments, among others.
Spousal maintenance payments. Spousal maintenance is financial assistance that one spouse may be awarded to one spouse and paid by the other. If either person files for maintenance, the judge will determine if they’re truly in need of support by considering factors such as each spouse’s income and financial resources, employability, lifestyle, and reasonable monetary needs as they were established during the partnership, and more.If granted, the judge will decide how much and for how long the installments should last.
Determining custody and child support. If you and your partner have children together, the matters of child custody and a child support order must be addressed. In order to file for custody, there must be no other active family court cases in Colorado or any other state, one of the parents must meet the residency requirement, and the child must have lived within the state for at least the previous 182 days.

These settlements are just a few of the key determinations that must be made in the divorce process. However, these decisions are complicated and have many individual details that will factor into the outcome. Our team can look at the details of your divorce to help you understand what your settlement process may look like.

Child Custody and Child Support

Divorces that involve children should be handled with great care. When a couple divorces, they decide what they feel is right for themselves and their family. However, children are left to navigate those decisions and often find themselves torn between two separate households. This creates a heavy responsibility for parents and courts to make decisions that serve the child’s interests.

Ultimately, courts hope that parents will determine a parenting plan together. However, a hearing may be necessary. During the custody hearing or after the parties have settled within mediation, the judge will look at the provided evidence as well as other relevant factors. The court then creates a schedule for the parenting time of both spouses, determines which party will have legal custody of the child, claims the child on their tax return, and provides insurance for their child.

Parents could be granted legal custody, physical custody, or both. These can be awarded as sole or joint. If you are granted legal custody, you have the right and responsibility to make decisions on behalf of the child. This includes those related to health, religion, education, and more. If you are granted physical custody, your child will live with you primarily and will have a visitation schedule with the other parent.

The family court judge also decides how much the child support arrangement will be. If the parents decide on an arrangement and submit their settled custody plan to the court, the judge may approve it or amend any of the related elements.

What Is the Average Cost of a Divorce Lawyer in CO?

There is no average or standardized cost of a divorce or dissolution. The finalization of all the related legal proceedings may have different needs or require varying amounts of time to fully settle the case. These factors, and the willingness of spouses to work towards an amicable settlement, influence the costs of dissolving a marriage, including the costs associated with your divorce attorney.

A major impacting factor is whether you or your spouse are filing for divorce or a legal separation, both of which have advantages and disadvantages. A legal separation is like divorce in all aspects except that the spouses are still considered married in the eyes of the law, which can have tax benefits and other financial implications.

Additionally, if the dissolution is uncontested, meaning the parties agree, then the proceedings will likely be easier than if the divorce was contested. Other considerations include if the couple has children, the length of the marriage, the amount of property or any high-value assets, and if either spouse requests financial support. Child custody proceedings and high net worth divorces are often known to be greatly contested and time-consuming.

Additional Factors That May Complicate a Dissolution of Marriage

Throughout divorce proceedings, certain complex circumstances must also be considered, such as:

If there is a restraining order in place
Any history of domestic abuse, assault, or other violence
The couple simply cannot communicate in a civil manner

These obstructive complications, and others like them, are likely going to require more time and care to handle accordingly.

Additionally, if the couple possesses a valid prenuptial or postnuptial agreement is important. These legal documents usually take precedence and can accelerate the dissolution process. Furthermore, if you and your partner aren’t in a legal union, such as marriage or a domestic partnership, but are instead in a “common law marriage,” this can have a bearing on how the separation proceedings may go as well.

Colorado is among the states with a family legislature that recognizes common-law marriage. In common law marriages, the couple considers themselves essentially married and operates similarly to spouses but doesn’t take any legal action to declare so. There are no time requirements surrounding the validation of a common-law marriage, but the court will look for sufficient evidence that a valid marriage was established.

Filing for dissolution of a common law marriage may be potentially difficult or time-consuming in legal proceedings, particularly if one party has the financial motive to deny that a common law marriage existed to begin with.

FAQs

Q: What Are Alternative Dispute Resolutions for Divorce?

A: Alternative dispute resolution is a process where separating spouses try to settle their divorce in proceedings outside of court, not leaving the relevant matters to be decided entirely by the family court judge. There are different alternative dispute resolution methods, including collaborative divorce, mediation, and arbitration. This process should still involve a qualified lawyer representing you and working on your behalf to reach an equitable outcome.

Q: Do I Need to Hire a Divorce Law Attorney in Colorado?

A: You are not legally obligated to retain the help of a divorce attorney in Colorado, but it’s highly recommended. A divorce lawyer is there to provide their legal knowledge, skills, and experience on your behalf, meaning they offer counsel and insight with your specific interests, needs, and goals in mind. Additionally, your attorney can represent you in any meetings with your spouse or in court.

Q: What Does the Court Consider During Property Division?

A: When a court judge considers what’s most fair and equitable for both parties within a division of marital property, several factors are taken into account; these include the contributions each spouse made in acquiring various assets and contributions as a homemaker, the net value of the properties to be allocated to each spouse, each party’s current economic standing, changes in the value of each spouse’s separate property, and with whom any children involved will live with.

Q: Will I Be Eligible to Receive Spousal Support?

A: You may be found eligible to receive spousal support, or alimony, during divorce proceedings if the judge determines you are sufficiently in need of support. If you have filed for spousal maintenance, the judge will look at you and your spouse’s income and/or employability (including if training or education is warranted), a portion of the divided marital property, financial resources, reasonable financial/lifestyle needs, health and age, and other implications or factors.