Boulder Divorce Lawyer

What is the Colorado Divorce Process?

Before you begin the divorce process, you and your spouse must abide by a few legal requirements. The divorce process can vary from state to state, and your specific process may also be affected by the length of your marriage and whether or not you have children together. Our Boulder divorce lawyers can walk you through the entire process and answer any questions you have.

To start the divorce process in Colorado, you must meet the following criteria:

• You or your spouse has lived in the state for a minimum of 91 days
• Your children have lived in the state for a minimum of 181 days

After filing for divorce, there is a mandatory 91-day waiting period before the process begins. This waiting period allows couples to meet with legal representation, undergo mediation, and re-examine any second thoughts they have. Most divorces take a few months to resolve completely.

The divorce process in Colorado is as follows:

Submit a Petition

You can choose to file together with your spouse, or you can file separately. You will file a divorce petition with your local courthouse to start the process. Colorado is a no-fault divorce state, meaning only one spouse needs to claim that the marriage is irretrievably broken.

Serve Divorce Papers

If only one spouse files the Petition, the non-filing spouse must be served divorce papers after the petition is filed. The served spouse can review the divorce papers and file a timely response.

Provide Financial Documents

During the exchange of financial disclosures, both you and your spouse will provide information about your assets, income, and debt. This information will be used to calculate child support and spousal support if applicable. Failing to disclose financial information can have legal consequences.

Attend a Temporary Order Hearing

Some couples don’t want to wait for the divorce to be finalized before making custody or support arrangements. If you need to determine child custody, child support, or spousal support immediately, you can request a temporary order hearing before a judge.

Negotiate Divorce Terms

You and your spouse must agree on all the major terms of divorce, including division of assets, child custody, child support, and spousal support. If you don’t reach an agreement, your case could go to trial, costing you time and money.

Attend a Mediation Session

The mediation process is often recommended for couples who are having trouble with negotiations. During mediation, a neutral third party helps facilitate the conversation to reach a resolution. You and your spouse can both bring legal representation to any mediation sessions you attend.

Attend a Court Hearing

Most couples can resolve their divorce cases without going to court. However, if you and your spouse cannot reach an agreement on your divorce terms, you will be required to attend a hearing. During the hearing, a judge will examine your finances, the length of your marriage, and the reason for your divorce before finalizing the separation. You may also be required to go to court if you and your spouse have children together and one of you is not represented by an attorney.

What Are the Main Types of Divorce?

Just like no two marriages are the same, no two divorces are, either. The type of divorce you’re going through can impact your timeline and the amount of legal work you have to do to reach a resolution. In general, there are two main types of divorce we see often: contested divorces and uncontested divorces.
The differences between the two include:

Uncontested Divorce

In an uncontested divorce, you and your spouse generally agree on the marriage ending and all the divorce terms. You may have a shorter negotiation process, and you might not need mediation at all. It’s very unlikely that your case will go to court. However, it’s still recommended to have a Boulder divorce attorney on your side to ensure your best interests are protected.

Contested Divorce

Contested divorces often take longer and require more legal work. In a contested divorce, spouses do not agree on the major divorce terms or even on the marriage ending in the first place. A contested divorce typically takes longer and has a higher chance of going to court. If you are going through a contested divorce, it’s essential to have a Boulder divorce lawyer on your side.

Other factors that could indicate you’re going through a contested divorce include:

• You filed separately, and your spouse won’t sign the divorce papers
• Your spouse refuses to meet with you to discuss your divorce terms
• Your spouse is threatening or bullying you during the process
• Your spouse has hired an aggressive attorney

What Terms Will You Negotiate With Your Spouse?

Discussing terms with your spouse is one of the most important aspects of the divorce process. The terms that you agree to can impact what your future looks like, how many assets you have, and how often you get to see your children. Working with a Boulder divorce lawyer is the best way to protect yourself during negotiations and mediation for the outcome you deserve.
Every marriage is different, and you may have to discuss some or all of these terms:

Parental Responsibility 

Determining child custody, now known as parental responsibility, is a significant concern for parents. If you and your spouse have children together, you can create a parenting plan to determine parenting time and legal custody. In most cases, the court will attempt to provide joint custody for both parents. However, if you feel your spouse is not fit to have parenting time, you can fight for sole custody instead.

Child Support

In most cases, the parent with the least parenting time pays child support. Child support covers necessities like education costs, food, clothing, and extracurricular activities. The state calculates child support payments based on multiple factors.

Spousal Support

Depending on the finances of each spouse, the lower-earning spouse may be entitled to spousal support. Spousal support is used to support a person financially for a period of time after the divorce. A judge may examine both spouse’s income, assets, and behavior during the marriage to decide on spousal maintenance.

Asset Division

Any assets you and your spouse obtained during the marriage will be divided during the divorce. Marital property is the property that you and your spouse got together, including real estate, bank accounts, retirement accounts, vehicles, and personal property. Assets that you entered into the marriage with will likely remain your separate property. Colorado is an equitable division state, meaning your assets will be divided equitably, not necessarily equally.

How is Child Support Calculated During Divorce?

We encourage parents to first design the best parenting plan for their child before worrying about child support. The misconception that a parent should fight for more overnights with their children to limit the amount they pay in support is often a problem. Whether you pay the most available parent or pay to have your children with you, the cost of having kids before and after divorce is a financial reality.
While the list of “income” is long and detailed, many of our clients’ combined annual gross income exceeds the state guidelines of $360,000. This means the calculation for child support may become about the child’s needs and what a reasonable amount each parent can contribute to support the child.
Should the issue go to trial, the judge will have the discretion to order the child support when the gross income exceeds the child support guidelines.
Our dedicated attorneys protect your rights as a parent. We have extensive experience handling child custody and visitation cases and provide effective representation in court. We address crucial matters such as child support, parental alienation, paternity disputes, relocations, and modifications, always working to safeguard your child’s well-being.

We work with families throughout Colorado, and quite often, one parent is unable to remain in the area after divorce.

• Are you getting divorced and want to move away?
• Have you tried to live in the same place after the divorce and have new opportunities elsewhere?
• Do you or your spouse need family support – and they live in a different state?

You may need to negotiate your parenting plan with parents living in different states or modify a parenting plan after you decide to move. Our team can help you determine and negotiate a parenting plan that will serve the best interests of your children and let you live in the place that is best for you! We have the expertise in all family law needs to represent your family.

Can Your Team Help With Modifications?

If changes to court orders are needed after divorce, our divorce attorneys can help.
Did you enter court orders that are not working for your family? Did you try to do your divorce – fill out some paperwork – and realize you should have talked to a lawyer?

You may need to change:

• Child Support
• Maintenance
• Parenting Time
• Property Distribution
• Missed issues or detailed provisions of your agreement
• Allocation of Tax Credits
• Property distributions that are not fair and equitable

If a spouse ever decides not to disclose assets during a divorce, Colorado law has a 5-year look back, and you may be able to re-open your divorce for reallocation of assets if necessary.
Our attorneys will assist you with determining who the father of the child is, negotiating parental rights, and calculating child support. If someone is accusing you of being the father, and you are not sure nor interested in paying 19 years of support for a child that may not be yours, contact us now to help you.
If the other parent is wrongfully limiting your parenting time and access to the children or otherwise not following the court-ordered parenting plan, we will help.
Our time as parents is so brief! Don’t waste your time or your children’s time through expensive custody battles and litigation if you don’t have to.
We work with our clients to defend and advocate for their parental rights and the rights of their children to be with and to be loved by them. We have incredible colleagues and mental health professionals who can address the real issue before taking legal positions.

Unified Divorce

Through our Unified Divorce services, we offer a streamlined approach to divorce. This efficient process promotes cooperation and collaboration, keeping the focus on finding mutually beneficial solutions for your family.
Unified Divorce was designed to help clients keep their Dissolution of Marriage private, on their timeline, and open communication with one attorney who does not work for either party – but the family! You got into life together and are so better served to get out together.
Our attorneys also understand the importance of planning for the future. We offer tailored legal assistance in drafting prenuptial and post-nuptial agreements, ensuring your assets and financial interests are protected in the event of a divorce.

Divorce in Boulder, Colorado

Are you faced with the prospect of divorce? No one enters into marriage under the assumption that their union will come to an end. The harsh reality of sifting through the complexity of legal separation is one of the most challenging experiences many of us will ever undergo. If there are children involved in your separation, the situation is complicated even further.
When it comes to dealing with the stress, anxiety, and strife that can accompany a divorce, you need a divorce attorney by your side with experience. Particularly when dealing with child custody, it’s important to work with a divorce attorney who will prioritize the well-being of your children above all other matters. Divorces can be incredibly complicated: custody, mediation, asset allocation, prenuptial agreements, and the possibility of mediation must all be taken into account simultaneously. You need an attorney you can trust.
As your trusted legal representative, we focus on providing comprehensive solutions for all your divorce needs. We understand the complexities of divorce, and our skilled attorneys are here to guide you every step of the way. Contact Divorce In Colorado for a complimentary consultation at 720-966-2412.