Divorce proceedings can run the gamut from calm to contentious. The tone of the proceedings will be dictated by the individuals involved and their ability to reach a consensus. While it is not required, having a skilled Castle Pines divorce lawyer on your side can help streamline the process and protect your interests throughout the process.
At Griffiths Law, our Colorado family lawyers can help you navigate the many requirements associated with divorce in Douglas County. Our attorneys have extensive experience handling a variety of divorces and securing results for our clients. No case is too small or too big for us to handle, and we ensure your case receives the attention it deserves throughout the process.
You Have the Legal Right to File for Divorce in Castle Pines, CO
Divorce, otherwise known as the dissolution of marriage, is the process by which a couple ends their union. According to Colorado Revised Statutes § 14-10-106, couples need only show that their marriage is “irretrievably broken” when filing for divorce or a legal separation. The law also requires that each party must have lived within the state for at least 91 days before they are allowed to file for a divorce.
When filing for divorce, it can be highly beneficial to have divorce lawyers in Castle Pines, CO represent you in your divorce. They have an in-depth knowledge of divorce law, requirements, waiting periods, and negotiation tactics to ensure that you do not inadvertently hurt your case or get taken advantage of during the proceedings. Some spouses may take actions against you during the divorce, and your lawyer can help you fight back.
Determining If a Legal Separation or a Divorce is the Right Option for You and Your Partner
Colorado recognizes legal separation for couples who want to separate but may not be ready to end their union. They may see the potential for reconciliation or want to take time to explore whether or not a divorce is right for them. When considering a divorce versus a separation, it is important to note that the main difference is that a separation allows couples to remain married and continue to enjoy the legal and tax statuses of a married couple.
On the other hand, divorce completely severs the ties of marriage, and each party reverts back to a single entity. Because divorce is final, it is important that you are sure you want to pursue this option before submitting a petition for divorce. If you are unsure which option is right for you and your spouse, talking with a lawyer in Douglas County can provide clarity on what steps you should take and what paperwork must be filed.
What to Expect During the Divorce Process in Castle Pines, CO
When filing for divorce, there are several steps you must follow to ensure all the legal requirements in the process are fulfilled. Divorce attorneys in Douglas County help you navigate each step and ensure that they are completed correctly. There are also several waiting periods that must be observed, so it is important to be aware of these stipulations and plan accordingly. From start to finish, filing for divorce includes the following steps:
- Petition the court for a divorce and fill out all applicable forms
- Serve your spouse with divorce papers by the means allowed by Colorado
- Your spouse has the opportunity to respond to the divorce papers they received
- Additional forms must be filed out to provide details regarding finances
- Develop a custody plan and child support agreement if children are involved
- Satisfy all waiting periods throughout the process
- Finalize the terms of your divorce outside of court, or in a hearing if a resolution cannot be reached
Knowing what to expect from the divorce process can make it feel less overwhelming. It can also help you be better prepared for what information you will need to provide along the way. Understanding the process can also ensure that you are less likely to be blindsided and can weather the ups and downs that come with divorce.
How Long Does a Divorce Proceeding Take to Resolve?
The timeline for a divorce can vary from couple to couple. The amount of time it takes often depends on how long each party takes to reach an agreement and divide up their assets. If children are involved, the length of time it takes to reach a custody and child support agreement can also affect how long your divorce will take.
In a best-case scenario, a divorce could be finalized within 91 days of filing. However, divorces often take longer than that and can last months or over a year if couples have difficulty reaching an agreement. A lawyer can help you assess your situation to estimate how long the process will take and what, if anything, you can do to minimize delays in finalizing your divorce.
How You Can Take Advantage of Collaborative Divorce Proceedings
It is not uncommon for divorce proceedings to escalate and quickly become contentious. Whether through disagreements, retaliation, or emotions running rampant, these types of divorces can increase the time it takes to get divorced and wreak havoc on emotions, finances, and children. However, couples living in Colorado can take advantage of the opportunity to participate in Collaborative Divorce.
This process allows each partner to choose to work together in tandem to reach an agreement on the various decisions they must make. The advantages of this process are that couples can avoid litigation, retain control over their divorce, and protect the relationship. A third party may also be involved to help facilitate discussions and thoroughly consider various points. To determine if this is a viable option for you and your spouse, consult your attorney at the outset.
How Assets are Divided During a Divorce in Colorado
Once you and your partner have filed for divorce, you must catalog and divide up your assets and debts with the guidance of an experienced divorce attorney in Castle Pines, CO. All assets will be divided up according to Colorado Statute § 14-10-113. This means that each party’s needs and financial situation are taken into account, and assets are divided according to each party’s situation. As such, property is not likely to be evenly split down the middle.
Additionally, Colorado recognizes both separate and marital property when dividing up assets. This means that all property and assets that couples acquired together during their marriage are marital property and must be split between both parties. Assets and other property that an individual had prior to the marriage, or was gifted specifically to them, are separate property and can be excluded from division during divorce proceedings.
Additional Assets Couples Must Consider During a Divorce
When dividing assets, there are often a handful of overlooked assets to consider. Couples may not readily think about assets like frequent flyer miles, the monetary value of leave time, Social Security benefits, digital assets, business assets, retirement accounts, and more. However, all of these assets have a monetary value and must be considered when getting a divorce.
Additionally, health insurance considerations and health savings accounts must also be discussed. You and your partner must not only determine what your divorce means for your and your child’s coverage, but you must also find out how your insurance company approaches coverage for separated and divorced couples. The value of health savings accounts must also be dispersed according to the terms of your divorce.
Custody and Child Support Decisions that Must be Made During a Divorce
If a couple has children together, then custody and child support decisions must also be made during the divorce proceedings. Couples must work together to create a parenting plan that outlines the custodial model and decision-making processes. Parents must also decide how visitation, education, expenses, and more are to be handled. Couples may reach a mutual agreement, a partial consensus, or no agreement at all. The last two may require mediation.
Once couples have decided how custody will be shared, child support must be determined for non-custodial parents. Each parent’s financial situation will be evaluated in order to calculate how much a parent can contribute without causing financial hardship. Both parents are required to share expenses as equitably as possible to ensure the child is provided for and their well-being is minimally impacted in the divorce.
Child custody and support orders may be modified with court approval in certain situations. Custody can be altered if the child’s well-being is affected. Child support can be modified if one parent’s income significantly increases or decreases.
How Preparing for a Divorce Can Make the Transition Smoother
Divorce is a monumental moment in your life that changes many aspects of it. The process itself is time-consuming, exhausting, and emotionally draining. After your divorce is finalized, you can begin to heal and figure out what your life looks like going forward. However, what happens leading up to the divorce can be less clear. To ensure you are prepared for this transition in your life, it is important to know what to do before you file for divorce.
Know Your Intentions
It is important to get clear on your intentions before a divorce. If you are unsure about filing for divorce, do not rush into it and wait until you are ready. If you are ready to pursue a divorce, know what your goals are and what you want to request in the divorce. Prepare your requests and determine what you are willing to compromise on and what you are not. While you may not get all of your requests, it can be a helpful starting point in negotiations.
Organize Your Documents and Finances
You will need to submit a number of documents during a divorce to demonstrate assets, income, and debts. It is important to keep these organized and at hand to quickly produce throughout the process. It is also a good idea to ensure you have savings and access to credit for the divorce and living expenses. It can also help you be prepared for changes to your finances after the divorce.
Support Your Children and Ensure Their Safety
Divorce is difficult on children, and making sure they are supported during this time can help them feel more secure. Taking steps to ensure their well-being and cause minimal disruptions to their lives is important. It is also vital to ensure their safety if there is any threat of domestic violence or retaliation for the divorce. In these instances, protective orders may be needed to keep an aggressive partner away from them and you.
Find a Support System
Separating your life from your partners can be incredibly difficult and emotional, even if you both reached the decision mutually and amicably. A divorce requires many decisions, negotiations, and a significant amount of time. This can leave you feeling completely drained and in a season of grief and transition. Having a solid support system around you can go a long way in bolstering your spirits and having loved ones to lean on in the tough times.
Be Proactive and Future-Focused
If you and your partner have children, there is a good chance you will see your ex-spouse in the future. You may also run into them around town or through mutual acquaintances. Think through how you want to leave matters with your soon-to-be ex-spouse so you can co-exist in the future. Additionally, consider what your life may look like after your divorce and how you plan to adapt to your new normal, manage finances, social connections, and more.
Contact Griffiths Law Today About Handling Your Divorce
Griffiths Law is committed to protecting your rights and your future when you are facing divorce. We understand how emotional this process can be, and we provide valuable support and counsel to help you and your partner reach an agreement as swiftly as possible. Our team is your ally, advocate, and negotiator. To learn more about how to start the process or respond to divorce papers, contact us today to schedule a consultation with our legal professionals.