Just as every marriage is different, so is every divorce. Whether a marriage dissolution case includes child custody, spousal support, or complex asset division, a common denominator is the desire to reach a result that allows the spouses to successfully move on with their lives.
If you are facing a divorce, no matter how complex the issues are in your case, a capable Denver divorce lawyer could help you resolve them. The family attorneys on the Colorado Lawyer Team could provide valuable insight into the legal process of ending your marriage.
Divorce Requirements in Denver
To file for divorce, either spouse must have resided in the state for 90 days or more. They must also file a Petition for Dissolution of Marriage and pay a filing fee of approximately $230. After the petition is filed and delivered to the opposing party, the opposing party has a specific time to file a response, depending on where they reside when they receive the petition.
Because Colorado is a “no-fault” divorce state, a party seeking to end their marriage legally may not do so based on the other spouse’s misconduct. Instead, the only acceptable reason for a divorce is an “irretrievable breakdown” of the couple’s relationship. To ensure that they can prove these grounds in court, spouses are well-advised to seek advice from a skilled divorce attorney in the Denver area.
Common Issues During Marriage Dissolution
While various disputes could arise between parties if they decide to end their marriage, certain issues frequently occur during the divorce process. An experienced attorney in Denver, Colorado could review a person’s divorce case and prepare for any challenges that may arise during the marriage dissolution process.
When dividing marital property during a divorce, state law requires a judge to do so fairly or “equitably,” although not necessarily equally. To make this determination, the court may consider various factors, such as how the assets were acquired, each spouse’s financial circumstances, and whether the value of the assets increased or decreased during the marriage.
A court has significant discretion when determining the amount and duration of spousal maintenance, or spousal support, following a divorce. Under Colorado Revised Statutes §14-10-114, each spouse’s earning capacity and overall economic circumstances are relevant to a judge’s alimony determination.
Custody and Support of Children
A key issue to resolve in many divorces is the question of custody and child support. The controlling standard in every child custody case is what is in a child’s best interests. Evidence to support this determination may include the child’s overall well-being, their relationship with each parent, and any other information a judge deems useful. A court may consider the child’s preference in certain circumstances, but ultimately the judge must make the final custody decision.
Once custody is established, the parties or the court must calculate the child support amount owed by one parent to the other. Typically, the parent with primary custody is entitled to receive the support. Factors such as each parent’s income and whether the child has any special medical or education needs come into play when determining child support.
Can Legal Fees be Awarded in a Divorce?
One of the most common questions from individuals facing divorce in the Denver & Boulder area is how they will pay an attorney to litigate their case. Under Colorado Revised Statues §14-10-119, a judge may order one party to pay for the other’s reasonable legal fees if there is a disparity in the spouse’s earnings. Parties may also address the issue of divorce fees in a marital settlement agreement. A skilled attorney could help a divorcing party negotiate for assistance with their legal fees if their situation warrants this.
Consult a Knowledgeable Denver Divorce Attorney
While a divorcing couple may start to resolve their marital issues amicably, high emotions and hurt feelings can lead to disputes. If this occurs, no matter how much effort they make, two divorcing spouses may not be able to resolve the dissolution of their marriage on their own.
A divorce lawyer from the Colorado Lawyer Team could help you achieve the best possible resolution following the end of your marriage. Our firm’s caring attorneys understand how difficult it can be to negotiate directly with your ex. Call us today to discuss how we could stand up for your rights during settlement discussions and represent you in court if necessary.