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Divorce in Denver

Introduction
If you are about to go through a divorce and feel angry and confused, have a lot of questions, the Divorce Lawyers at the Law Offices of “Insert Attorney Name”, located in Denver, is the place for you to go to.  We have high-quality, experienced attorneys who specialize in family law.  We will be able to answer all of your questions and help you through this devastating time.

Overview
Divorce is called a Dissolution of Marriage in Colorado. You must be a resident of the State of Colorado for at least 90 days prior to filing. Once the court gets jurisdiction over your case, it will be about 90 days before the final Decree of Dissolution is issued.

Colorado is a “no-fault” divorce state.  The court does not look at whom or what caused the break up of the marriage in determining marital issues such as alimony or property division.  The behavior of each parent, however, will determine the best interest of the children when considering child custody, etc.

Next Steps

  • First step – file a Petition for Dissolution of Marriage with the court.
    • A process server will serve your spouse with the petition.
    • The least amount of time for the divorce to be final is 90 days – in most cases, it will take longer.
    • Next, both parties have to schedule a status conference at the Colorado courthouse.
      • What issues need to be resolved?
      • Create a timeline for completion.
      • Next you will receive a Permanent Orders date (final court date).
        • This will be anywhere from 4-9 months.
  • Temporary Orders hearing - if you need certain issues resolved sooner.
    • Issues - temporary parenting time, child support, alimony/maintenance, property, and debts
  • Final court hearing - permanently decide
      • Child custody and support
      • Division of property and debts
      • Alimony/maintenance

Parental Responsibility

  • In Colorado, child custody is known as Parental Responsibility.  The court decides what is in the best interest of the child.  Parental Responsibility includes:
    • Parenting time (time each parent spends with the child)
    • Making decisions for that child
    • One or both parents will make all important decisions
      • Medical care
      • General well being
      • Education
      • Religion
  • Joint decision marking – awarded to both parents
  • Sole decision-making – awarded to just one parent
  • Colorado courts usually awards joint custody
  • Parenting time - known as visitation
    • Court uses the “best interest” standard to determine how much time children should spend with each parent

Child Support
To determine the amount:

  • Calculated considering
    • amount of time each parent has with the children
    • incomes of both parents
    • amounts paid for children’s health insurance and daycare

Property Division
In a Denver court, the judge will divide marital property but not separate property.  The court does not always divide property 50/50; it depends on the needs of each person.

Separate Property
All assets acquired prior to your marriage.

  • This includes gifts or inheritances.

Marital Property
Assets or property acquired by you or your spouse during your marriage.

  • Title does not matter.
    • Example: A car or boat purchased during the marriage but only in your name.
  • Any increase in separate property during the marriage becomes marital property.
  • Debt is also considered marital property and will be divided fairly.

Alimony or Maintenance

  • Temporary basis – calculated by using a formula.
  • Permanent basis - calculated using several factors in law.
  • It is given so one spouse can be trained to re-enter the work place.
  • Given to level the incomes and balance the property division.
  • Maintenance has two parts:
  1. One person’s ability to pay it to the other and still meet his or her own needs.
  2. The receiving person’s needs pertaining to the overall division in the Dissolution.

Conclusion
Facing a divorce can be the most stressful time in your life.  The Divorce Lawyers at the Law Offices of “Insert Attorney Name,” will help you stay focused during this difficult time.

 
 

 

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Our team of divorce lawyers are dedicated to one area of law. That is family law with a strict focus on divorce.....

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