Castle Rock Divorce Lawyers

Castle Rock Divorce Lawyers

Divorce is never easy. Even when partners agree that divorce is best for them and on key issues, the process is emotionally taxing. Other times, divorces are hostile, and the difficult situation becomes even worse. Having skilled Colorado family lawyers manage your case can help keep an easier divorce running smoothly, and if your divorce is hostile, protects you from being taken advantage of or forced into an agreement that has serious negative consequences for you. The Castle Rock divorce lawyers from Griffiths Law are ready to partner with you during this particularly difficult time in your life. We will get through your divorce together.

We Manage All Types of Divorce

There are different ways to go through the divorce process. Your divorce attorneys in Castle Rock, CO   can review your circumstances and advise you on which approach is best for you. Griffiths Law is here to manage your case no matter which approach you and your partner follow. 

An Uncontested Divorce

In an uncontested divorce, partners agree on all or most of the significant issues. Uncontested divorces typically come to a smooth resolution and without much delay. Even so, securing representation from a divorce attorney is still the wisest move. 

Unexpected issues can arise, and your attorney can help you sort through those issues before they escalate and turn your uncontested divorce into a contested one. You can also count on your lawyer to bring to light points of consideration you had not recognized but that have a bearing on your case.

Having an attorney’s guidance ensures you complete the legal steps in Colorado’s divorce process accurately. Once you and your spouse have settled all issues, your lawyer will prepare the documents detailing the terms of your agreement and file them with the court. 

A Mediated Divorce

In a mediated divorce, spouses hire a neutral third party, called a mediator,  to help them settle divorce-related issues. The approach is designed to keep the tone of the divorce civil and the couple out of the courtroom.

The mediator listens to each side’s point of view and offers suggestions to resolve issues. Having representation from a Castle Rock divorce lawyer is important, even for a mediated divorce. Your attorney can articulate your position and help you consider the positive and negative consequences of a suggested resolution, protecting you from accepting terms that do not serve you.

A Collaborative Divorce

The divorce lawyers from Griffiths Law are experienced in collaborative divorce. Through this voluntary “alternative settlement dispute process,” governed by C.R.S.13-24-101, both parties agree to settle divorce issues out of court through a “team” effort with their respective attorneys and, possibly, other neutral experts–for example, experts in finance, parenting, child psychology, or other fields relevant to the issues at hand. The attorneys and experts work cooperatively to come to a fair agreement without going to court.

A Litigated Divorce

Sadly, some partners are at such odds, and contention is so great that mediation and collaboration are not realistic possibilities, and the divorce must be litigated. Going through a litigated divorce without representation not only makes the process more difficult but dangerous–especially if your ex has an attorney. 

Your Castle Rock divorce lawyers will work hard to move things along as efficiently as possible while offering you critical protection. As strategic, capable negotiators, we will fight for fair terms and challenge any attempts to deny you your rights or hurt your family’s best interests. 

Though we will work to settle issues through negotiation, sometimes, fighting in court is necessary. We will give you sound advice to help you determine if it is better to settle or take your fight before a judge, and you can depend on us for powerful, effective representation in court. 

Understanding Colorado’s Divorce Laws

Colorado has specific laws governing divorces, and it is important to have a Castle Rock divorce attorney on your side to make sure you follow and are protected by these laws. 

No-Fault Divorce Laws

In Colorado, the only legal reason for dissolving a marriage is that the marriage is “irretrievably broken.” The State operates under a no-fault system, meaning previous grounds for ending a union–such as adultery, desertion, and desertion–have been abolished as per the Colorado Revised Statutes (C.R.S.) Chapter 14.

The no-fault system means judges do not permit a divorcing partner to enter evidence of the other partner’s wrongdoing, except in specific cases. For example, if one partner was abusive, their abusive behavior could affect parenting agreements, or if a partner wrongfully disposed of marital property, this wrongful act could influence decisions regarding the division of property.

The Filing Process

According to C.R.S. 14-10-110(1), if one spouse decides to seek a divorce, the law upholds that decision even if the other spouse does not concur.  In the past, a spouse could try to prevent divorce by citing legal defenses, such as insanity or collusion, but prevention is no longer a legal option.

If you wish to file for divorce in Colorado, you or your spouse must have lived in the State for at least 91 days before filing. And, if you have children from the marriage, the children must have resided in the State for a minimum of 182 days before you file.

When you file jointly–you and your partner file together–there is no need for the spouse notification process. However, should you file alone, you will need to notify your spouse, and your divorce lawyer will help you complete this step using the appropriate, official documents and according to Colorado laws.

Additional Regulations and Laws

The State of Colorado can grant your divorce if  91 days have passed since you had your spouse served with the divorce summons, and Colorado has personal jurisdiction over your spouse (called the “respondent”).

Colorado has personal jurisdiction over the respondent as long as one of the following conditions apply:

  • The respondent is a legal resident of Colorado
  • The respondent has been served divorce papers in Colorado
  • The divorcing spouses once maintained a marital home in the State, and the spouse pursuing divorce remained living in Colorado after the respondent left
  • The respondent legally consents to give Colorado jurisdiction

Colorado family court may still enter a decree of divorce without personal jurisdiction over your spouse, which means you can still get divorced. However, the State does not have jurisdiction to implement and enforce parenting orders, including child support, enforce spousal support, or divide marital property. The team at Griffiths Law will help you navigate Colorado’s law and the particular challenges of your case. 

Key Divorce-Agreement Issues

Every divorce comes with its own specific issues to settle, but the most significant typically centers around finances and children. The terms of the agreement can have lifelong effects on your financial health, your children’s well-being, and your relationship with your children. Your skilled, compassionate divorce attorney will work to resolve money issues and parenting time schedules fairly and with as little emotional fallout as possible. 

An Equitable Distribution State

Colorado is an equitable distribution state. This means that unlike other states operating on a 50-50 standard for marital property (each spouse receives half), Colorado divides and distributes assets equitably, not equally, and in recognition of each spouse’s circumstances and needs.

Equitable distribution is designed to keep things fair and to preclude one spouse from leaving the marriage in dire financial straits. However, without a definitive standard, there is some subjectivity to the process, and this subjectivity creates an opportunity for disagreement. The experienced divorce lawyers from Griffiths Law will fight to protect you from unfair division of property and financial insecurity. 

Dividing Marital Property

Before distributing marital property, property must be classified as either “separate” or “marital.” Separate property comprises assets or debt brought into the union, while marital property comprises assets or debts obtained or acquired during the marriage, with some exceptions. Gifts, inheritances, or exchanged property given or intended for one spouse, even during the marriage, are excluded from marital property. Your attorney will help you classify assets and debts and help you avoid overlooking marital assets.

The court considers many factors when determining the distribution of marital property, such as:

  • Accrued increases or decreases in the value of separate property throughout the marriage
  • The individual economic situations of spouses
  • How much each partner’s separate property is worth
  • Depletion of separate property used for the benefit of the marriage
  • Contributions made by each spouse to the process of acquiring marital assets. If one spouse held a professional position and the other supported the family as a stay-at-home parent, the at-home parent contributed to the professional spouse’s ability to earn

Determining Spousal Support

What many know as “alimony” is called spousal maintenance in Colorado. Maintenance is not guaranteed. Courts usually implement orders in circumstances where one spouse has a much higher income than the other or if the lower-earning spouse is financially dependent on the other. 

Colorado uses spousal maintenance guidelines to determine maintenance amounts in marriages with a maximum combined income of $240,000. Determining amounts for marriages earning more than that proves more challenging.

A variety of factors impact the court’s decision to implement spousal maintenance orders, including (though not limited to):

  • Individual incomes
  • Individual contributions to the home marital estate–which comprises the value of marital assets
  • Individual earning capacities
  • Age, mental, and physical health of each spouse
  • Reasonable financial needs and lifestyle considerations
  • The length of the marriage

Maintenance orders are usually temporary. For the most part, they last from one-third to one-half of the length of the union. However, the court has discretion and can adjust the timeline or assign an “indefinite” order, in which case one spouse may have to pay maintenance for life. 

Creating a Parenting Time Agreement

Colorado uses the term “parenting time agreement” as an umbrella, covering issues of child custody, child support, and other parenting responsibilities. Resolving parenting time issues is often the most sensitive part of divorce proceedings. Getting you and your children through this process with minimal stress and maximum productivity is our focus.

The State’s “Connecting with Your Kids” handbook provides comprehensive information on working through the legalities and emotions involved in creating a parenting agreement.  The handbook emphasizes the court’s focus on the child’s best interests when determining matters of:

  • Legal Custody: Who is in charge of making major decisions for the child’s wellbeing 
  • Physical Custody: Which parent the child spends the most time with 
  • Parental Responsibilities: The “sum of all duties and responsibilities” owed children by their parents
  • Decision-Making Ability: Who holds responsibility for making decisions on a specific situation or component of the child’s life
  • Parenting Time: How much actual time the child spends with each parent

The court can assign responsibilities on a sole basis, meaning one parent has full ownership of that responsibility, or on a joint basis, giving both parents “shared” ownership of the responsibility.

Again, multiple factors enter into the judge’s assignment of parental responsibilities, including:

  • Individual parent’s wishes
  • The child’s wishes
  • The nature of the relationship and interaction between the child and each parent and the child and siblings
  • The child’s relationship with school, community, and homelife
  • The mental and physical health of each parent and the child
  • Each parent’s ability to encourage the child’s connection with the other parent
  • Each parent’s ability to prioritize the child’s needs over their own
  • Past parental involvement
  • The distance between each parent’s residence
  • Either parent’s history of abuse 

Parents share financial support responsibilities for their children. As included in the handbook, Colorado follows a schedule of child support based on:

  • The parents’ gross income
  • The number of overnights the child spends in each parent’s home

Your Castle Rock divorce attorneys will keep your child’s needs and your relationship with your child front and center as we work to negotiate a healthy parenting time agreement. We will review the parenting schedule options with you and fight to secure the one that serves your family best. We can also help if you need to modify a parenting time agreement already in place.

Griffiths Law Is the Right Choice for Your Divorce

Ending a marriage is an emotionally draining, often legally fraught, process. Griffiths Law is here to help you through this challenging transition. Our team of Castle Rock divorce lawyers will handle your case with empathy– listening to your concerns, answering your questions, and offering support–while providing exceptional legal representation. Connect today with a call or a message to tell us about your situation and schedule a consultation. We are ready to get to work.

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