Eagle County Divorce Attorney

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Eagle County Divorce Lawyer

If you need the educated training and practical experience of a family law professional, be sure to consult with an Eagle County divorce attorney about your situation. At Woody Law Firm, LLC, we can connect you with a competent divorce attorney to help you throughout all proceedings. Our team can help you navigate any of the complexities you could encounter when working toward a dissolution of marriage.

Types of Separation and Marriage Dissolution in Colorado

Marriage dissolution is the official process that legally ends a marriage. It declares both spouses as individuals living separately from one another and with divided finances/property. Couples, including same-sex couples, may file for dissolution whether they’re married, in a registered domestic partnership, civil union, or common law marriage. Another option is legal separation, which is indistinguishable from divorce, except the spouses are still legally married.

Civil unions in Colorado have provided the same benefits and protections as married spouses. They are generally equivalent to domestic partnerships but not considered legally binding. Couples in a civil union differ from common law marriages since the spouses apply for an official union license. Common law marriages have similar rights, but the dissolution process tends to differ.

Since common law marriage is recognized by the Colorado legislature but doesn’t legally require the spouses to have any formal paperwork declaring them as such, filing for divorce can be tricky in some cases. Family courts must determine the marriage to be valid, which may be difficult to prove. Some factors that help solidify a marriage include:

Partners living at the same residence
There was a formal announcement of marriage to the couple’s family, friends, neighbors, etc.
Symbols of commitment, including rings, ceremonies, and anniversaries
The individuals file taxes jointly
The partners receive spousal benefits from work or other public benefits that refer to the two as being married
One spouse has taken the other’s surname for themself and/or their children
The couple share financial obligations such as joint bills or outstanding debt

How long do you have to be married to get half of everything in Colorado?

Requirements to File for Divorce or Legal Separation in CO

Criteria to be met to file for a legal separation or marriage dissolution are the same for legal marriages, including same-sex marriages, civil unions, and common law marriages. Generally, Colorado law requires that at least one of the spouses to have been a state resident for at least the previous 91 days prior to filing the petition and that 91 days have passed since the other spouse was notified, if not filing jointly.

Colorado doesn’t require any specific grounds for divorce to be provided if the judge determines the two parties to be in a valid marriage or union that’s irretrievably broken. Before a filing for divorce or separation can be approved and decreed by the court, the spouses must have settled their divorce, which includes coming to an agreement on the matters of dividing the marital property, child custody arrangements, child support, and spousal maintenance.

Couples registered as being in a domestic partnership have slightly different requirements for divorce. If the signed affidavit that decreed the domestic partnership is found to be valid— meaning the parties were in a mutual relationship, intended to stay in said relationship, were unmarried and each other’s only domestic partner, cohabitate, competent and of legal age, and not related— then there must be legally valid grounds for the partnership to be terminated.

In Eagle County, Colorado, domestic partnerships are not always as legally enforceable as other relationships since no legal requirements are technically needed for the partnership to be considered registered. To avoid confusion or conflict, it’s advised that the partnership be properly registered. Termination of Domestic Partnership may be granted on the grounds that one of the people has died, or the partners are no longer together, share a home, or meet other requirements.

FAQs

Q: What Does a Divorce Case Consist of in Colorado?

A: Divorce case proceedings don’t only include filing for the dissolution of marriage. Many other matters will need to be addressed before a divorce or legal separation can be finalized and decreed by the court, such as the division of marital property between the spouses, whether there will be spousal support provided, child custody arrangements if the parents share children, and the terms of the child support order.

Q: How Much Will My Divorce Cost in Colorado?

A: In Colorado, your divorce or separation may cost differently depending on the details of your circumstances. Filing and legal fees, including lawyers’ fees, for a contested divorce will vary from a contested and/or high net worth divorce. Other influencing factors include whether children are involved, whether there’s a marital agreement, whether the spouses choose to mediate, and how much property is within the marital estate, among others.

Q: What’s the Difference Between Divorce and Legal Separation?

A: Divorce and legal separation both entail the same legal matters such as property division, child custody, and spousal support; the difference between the two is that divorce is the official dissolution of the marriage, and in a legal separation, the spouses are still technically married but live apart from one another and have separate finances.

Q: What Are the Benefits of Having a Divorce Lawyer in CO?

A: There are numerous benefits that hiring an experienced, qualified divorce lawyer may provide. These include having a legal professional with training, a deep understanding of the state family legislature, extensive practical experience, negotiation skills, and more.

Divorce attorneys can help streamline the process, saving you time and money and reducing the stress of managing the proceedings alone. Couples may start their divorce with the intention of working amicably, but that can quickly turn contentious. An attorney can support you when it does.