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Colorado Divorce Lawyer
Guiding Clients Through The Divorce Process in Denver, Colorado
Ending a marriage can be a difficult and emotional experience. Parties must come to an agreement on how to divide assets and property, who will receive spousal maintenance, and more. If children are involved, additional complicated issues arise regarding the children, including which parent will receive custody of the children, who will pay child support, and other matters concerning their well-being.
What are the Grounds for Divorce in Colorado?
The grounds for divorce in Colorado are "no-fault" based, meaning you don't need to prove that one party is responsible for the breakdown of the marriage. Colorado's primary ground for divorce is "irretrievable breakdown of the marriage," which implies that the marriage is irreparable.
Neither party needs to prove that the other spouse did something wrong to justify a no-fault divorce. The couple must instead demonstrate that the marriage has experienced an irreparable breakdown and there is no realistic chance of reconciliation.
To get the most accurate information regarding divorce grounds and procedures in Colorado, you should consult a Denver divorce lawyer.
Types of Divorce in Colorado
A Colorado divorce lawyer at Cantafio & Song PLLC will be able to thoroughly review your specific situation and needs, advise you of the legal options and resources available to you, and help you determine the best course of action to pursue.
- Collaborative Divorce – A collaborative divorce is perfect for those couples who are willing and able to collaborate, with each other and their attorneys, to determine the family needs and how to get through the divorce in a healthy and productive manner. Our attorneys will work with you closely to resolve all outstanding issues and ensure all agreements are finalized before divorce papers are filed with the court.
- Legal Separations – A legal separation allows a couple the time they may need to either resolve their marital issues or come to a final decision to legally dissolve their marriage. During this time, the couple can request to separate their financial responsibilities and marital property.
- Annulments – Filing for a marriage annulment is completely different than filing for a dissolution of marriage. In the state of Colorado, specific criteria must be met in order to annul a marriage. One of our Colorado divorce attorneys will be able to answer your annulment questions and help you determine if an annulment best suits your needs.
- Military Divorce – Service men and women have unique lifestyles and concerns. Although military divorces can be just as difficult and emotionally challenging as a civilian divorce, certain special circumstances must be taken into account when one spouse is a military member, especially if he or she is on active duty or stationed overseas.
Is Colorado a No-Fault Divorce State?
Although Colorado is both an equitable distribution state and a no-fault state when it comes to divorce, we strongly advise that you consult with an experienced Colorado divorce attorney before you begin divorce proceedings.
A "no-fault" divorce indicates that neither party is required to prove fault, blame, or wrongdoing on the other party's part to obtain a divorce. In other words, neither spouse has to prove the other is responsible for the breakdown of the marriage in order to move forward with filing for divorce. Rather, the grounds for a divorce in Colorado are dependent on the irretrievable breakdown of the marriage or the parties have lived apart for a period of time specified by law.
With a no-fault divorce in Colorado, the court will not consider fault or misconduct when dividing marital property or awarding alimony (spousal support). As a result of Colorado's equitable distribution principle for property division, marital property is divided fairly between spouses but not necessarily equally. A spouse may be awarded alimony based on factors such as financial resources, contributions to the marriage, and the length of their marriage.
Divorcing With Children in Colorado
Divorce with children adds legal and emotional complexities. In addition to a Separation Agreement for determining asset & debt division of both parties and establishing issues of maintenance and division of property, the parties must determine a parenting plan that will be in the children's best interests.
How Will Children Change Your Divorce?
In Colorado, the best interests of the children are determined based on the following factors:
- Parenting time wishes of the child’s parents;
- If a child is mature enough, courts will consider the opinion and wishes of the child;
- The nature of relationships and interactions between the child and his or her parents, siblings, relatives, and others who may come into contact with the child regularly;
- How the child will likely adjust to a new home, school, and community;
- Mental or physical health, unless severe or disabling, will not be a basis for denying or restricting parenting time;
- Whether parents or parties involved are able to share responsibility for the child;
- How parents or parties have been involved with the child and with each other in the past;
- Physical proximity of parents or parties after a decision is made;
- The criminal record and history of parents or parties involved, with particular attention being given to past instances of child abuse or neglect and domestic violence;
- Whether a parent or party is able to place the needs of a child above their own.
As parents facing divorce are often unable to agree upon what is in the best interests of their children, the court will involve a neutral third party, a Child and Family Investigator (CFI), to meet with the children and the parents and make recommendations for the court as to what he or she believes is in the best interests of the children.
The courts in Colorado also require parents to take a class about parenting after divorce. Each judicial district offers a schedule of when such classes are available.
Another consideration during a divorce with children is child support. Child support is legislatively dictated by the number of children, the number of overnights each parent has with the children, the incomes of the parties, the amount of health insurance paid for the children, childcare costs, and any extraordinary expenses for the children that may be taken into account.
How Can a Divorce Attorney Help Me?
A divorce attorney can be a valuable resource during the process of ending a marriage. Their primary role is to advocate for your rights and help you navigate the legal complexities of divorce.
Here are some of the ways a divorce attorney can assist you:
- Legal expertise: Divorce laws can be complex and vary from one jurisdiction to another. A divorce attorney has the knowledge and expertise to explain the relevant laws in your jurisdiction and how they apply to your case.
- Objective advice: Emotions often run high during divorce proceedings. An attorney can provide objective advice and help you make informed decisions, preventing you from making impulsive or emotionally-driven choices.
- Asset and property division: One of the most contentious aspects of divorce is dividing marital assets and property. Your attorney can help you negotiate a fair division, ensuring that your financial interests are protected.
- Child custody and support: If you have children, a divorce attorney can help you navigate the complex issues related to child custody, visitation, and child support. They can work to ensure the best interests of your children are considered.
- Spousal support: If one spouse is entitled to spousal support (alimony), an attorney can help you determine the appropriate amount and duration of support and negotiate these terms with your ex-spouse.
- Paperwork and documentation: Divorce involves a significant amount of paperwork, including legal filings and financial disclosures. An attorney can help you complete and file these documents accurately and on time.
- Negotiation and mediation: Many divorces are settled through negotiation or mediation rather than going to court. Your attorney can represent your interests during these negotiations and help you reach a fair settlement.
- Court representation: If your case goes to court, your attorney will be your advocate in front of a judge, presenting your case and arguing for your rights and interests.
- Legal strategy: An experienced divorce attorney can develop a strategic plan to achieve your goals, whether it's reaching a settlement, pursuing a favorable court judgment, or protecting your rights.
- Emotional support: While not a substitute for a therapist or counselor, an attorney can provide some emotional support and understanding during this challenging time.
- Future planning: A divorce attorney can also help you think about the long-term implications of your divorce, including changes to your will, estate planning, and other legal matters that may be affected by the divorce.
Contact Our Divorce Attorneys in Denver Today
If you are seeking legal support with a divorce or family law matter in Colorado, our team at Cantafio & Song PLLC is here to help. We are committed to providing compassionate and effective representation for our clients in divorce cases, as we understand the complex nature of the legal system and the emotional challenges involved. Contact our Colorado divorce attorneys today to take the first step toward a brighter future.
If you are going through a divorce in Denver, don't hesitate to Contact Cantafio & Song PLLC today to get started with our Colorado divorce lawyer.
Our firms mission is to obtain superior legal results for our clients, with unmatched customer service, while serving as trusted advisors. At Cantafio & Song PLLC, we pride ourselves with offering the highest quality of legal services by understanding and responding to our clients’ key objectives and goals. We remember that our clients look to us as problem solvers in an evolving legal environment. And we are always seeking to thrive as a firm through the referrals and opportunities we receive by obtaining superior results.