Divorce can be an emotionally and financially stressful experience that can leave you with uncertainties about your future. Having the right legal team to support you during this process can make all the difference in how your divorce is resolved. The top rated divorce attorneys at Burnham Law are ready to partner with you, protect your rights, and effectively guide you through the challenges of divorce. We not only help clients overcome these difficulties and minimize their potential risks, but also guide them to new beginnings. Contact us for help with your divorce case.
Can I File for Divorce in Colorado?
To qualify for divorce in Denver and throughout Colorado, you must meet the following requirements:
- Residency requirement – either spouse should have lived in Colorado for at least 90 days to be eligible to file for divorce in the state. Spouses who do not meet this requirement can file for legal separation in the interim, converting the case to a divorce once the residency requirement has been fulfilled.
- Grounds for divorce – Colorado is a no-fault divorce state, which means that the only grounds for divorce is the irretrievable breakdown of a marriage.
Getting Started with Divorce – The Issues and What to Expect
When spouses are eligible to pursue divorce in Colorado, the next steps in the process will depend on various factors, such as, but not exclusive to the following:
- Spouses agree on the issues of their divorce – when spouses agree on all of the issues of their divorce, they can proceed with an uncontested divorce case. If even one issue is being disputed, however, the case will likely move forward as a contested divorce.
- Children are involved in the divorce – the involvement of children can mean that child custody and child support issues need to be resolved as part of the divorce. It can also mean that:
Parents may need to participate in mediation and/or parenting time classes as part of the divorce process.
Temporary custody and/or support orders need to be obtained as the divorce proceeds.
- A valid pre-nuptial or post-nuptial is in place – such agreements can dictate what constitutes marital versus separate property, how marital property should be divided, and how (or whether) spousal maintenance should be awarded.
- Domestic violence or abuse allegations are involved – these accusations can lead to additional hearings, investigations, etc. Uncovering whether domestic violence allegations are valid is crucial to the wellbeing of the parties involved.
The Colorado Divorce Process: Uncontested vs. Contested Divorce
Uncontested divorce cases may be resolved quickly with minimal court interference. The court will only need to review and process the divorce agreement made by the spouses and then issue the final decree (based on the terms of that agreement).
In contrast, contested divorce cases can be more complicated and time-consuming to resolve, due to these possible issues:
- The distinction between marital versus separate property.
- The division of the marital assets, business assets and/or marital debt.
- The validity of a pre- or post-nuptial agreement.
- Hidden assets in divorce.
- Spousal maintenance.
- Child custody and child support.
To resolve these disputes, the following steps may be taken:
- One spouse files for divorce (in the county where (s)he lives) and serves the other spouse with a copy of the divorce petition. If the spouse filing the initial divorce petition (i.e., the petitioner) lives in Denver, the divorce petition would have to be filed with the Denver District Court.
- The other spouse (i.e., the respondent) has 21 days – from the date of being served – to file a response to the divorce petition.
- Depending on the points disputed in the divorce case, the court may order the spouses to divorce mediation.
- If mediation fails to resolve the issue(s), a family court judge will set a trial date, as well as dates for discovery and various pre-trial hearings.
- At trial, each side will have the opportunity to present his or her case, arguments, and evidence.
- When both parties have finished presenting their cases, the judge will rule on each disputed issue and ultimately grant a final divorce decree.
How a Divorce Attorney at Burnham Law Can Help
At any point during the process, high-tension situations can erupt into full-on litigation battles. Sound advice and effective representation from the top rated divorce lawyers at Burnham Law, however, can help you stay focused throughout the process.
While we always tailor our legal service to match our clients’ needs and cases, our lawyers regularly help divorce clients by:
- Analyzing sophisticated financial documents and transactions to value complex property.
- Collecting evidence to support our clients’ claims and requests.
- Explaining the short and long term impacts of the options at every juncture of the case.
- Fighting tenaciously to advance our clients’ interests and help them protect what matters most to them.
At Burnham Law, many of our attorneys are trained, certified mediators. Others have years of experience negotiating between combative parties in complex financial and emotional circumstances. This combination of experience makes our lawyers effective at handling various types of divorce cases, including, but not limited to, the following:
- Uncontested and contested divorce.
- High-profile and high-asset divorce cases.
- Military divorce.
- Grey divorce.
- Divorce mediation.
- Divorce involving same-sex partners or partners in a common law marriage.
- Divorce involving various complex issues, like custody, hidden assets, allegations of domestic violence, etc.
- Post-decree disputes.
Our top rated team is ready to apply our knowledge and experience to overcome the challenges of divorce so you can move on with your life. To get answers about your options and how we can further assist you, contact us today for a free consultation.
With multiple offices in Colorado, we provide exceptional counsel to clients throughout the Denver metro area and throughout the state of Colorado.