Divorce Lawyer Centennial and Southglenn

The decision to end your marriage is rarely easy. If you are facing the difficult reality of an irretrievably broken marriage, you are likely experiencing a range of complex emotions that can make dealing with legal issues even more challenging. Disagreements over asset division, child custody, and support can quickly escalate, transforming a once-loving relationship into a contentious legal battle. This is where experienced legal counsel becomes invaluable.

At Griffiths Law, our Colorado family law attorneys understand the emotional and potentially contentious nature of family law matters. We provide compassionate and effective representation, guiding you through each step of the divorce process. We aim to help you achieve a fair and equitable resolution, minimizing conflict and protecting your best interests. Contact our team for help with creating a fresh start in your life.

Your Rights Under Colorado’s No-Fault Divorce Laws

Colorado operates under a no-fault divorce system, simplifying the process and removing the need to prove marital misconduct. Unlike under past legal frameworks, you are not required to demonstrate adultery, abuse, or other specific grounds to dissolve your marriage. Instead, either spouse can initiate no-fault divorce proceedings by asserting that the marriage has irretrievably broken down. This means that if you believe your marriage is no longer viable, you have the legal right to seek a divorce in Colorado.

While the reasons for marital breakdown are often complex, Colorado law focuses on the present reality. Regardless of whether one spouse’s actions contributed to the divorce, the court will not consider “marital fault” when dividing assets and debts. This approach aims to streamline the process and minimize unnecessary conflict. However, there is a distinction between marital fault and economic fault. Actions that significantly and negatively impact the marital estate, such as the dissipation of assets or excessive financial mismanagement, may influence the court’s decisions regarding property division.

Understanding the Steps of Divorce in Centennial, CO

Facing divorce can be overwhelming, with numerous legal procedures to navigate. At Griffiths Law, our experienced divorce attorneys provide comprehensive guidance and support throughout, ensuring you are prepared for what lies ahead.

To begin divorce proceedings in Colorado, you must meet specific residency requirements: residing in the state for at least 91 days or six months if you share custody of children. Once you finalize these requirements, you may file a Petition for Dissolution of Marriage with the county court clerk. After your spouse is served with the petition, the process advances to the crucial stage of financial disclosure.

Financial Disclosure: Establishing Transparency

In Colorado divorce proceedings, financial disclosure is required as a process designed to ensure transparency and fairness when dividing marital assets and determining financial obligations. Both spouses are required to provide detailed information regarding their income, assets, debts, and property. The primary goal is to provide both parties and the court with a clear and accurate picture of the couple’s financial situation. This helps prevent hidden assets or undisclosed debts, which could lead to an unfair property division.

Under Colorado law, marital assets must be distributed equitably, which is not always a 50/50 split. The court will use this financial information to make informed decisions about asset division, spousal maintenance, and child support. Our divorce lawyers meticulously review financial documents, including bank documents, tax returns, and pay stubs, to ensure complete transparency and identify potential hidden assets.

Mediation: Facilitating Agreement

Following financial disclosure, mediation becomes a central part of the process. Mediation in Colorado divorce proceedings is a structured, voluntary negotiation process designed to help divorcing couples reach mutually acceptable agreements on various aspects of their separation. A neutral mediator facilitates discussions between you, your spouse, and your respective attorneys. The mediator’s role is to guide negotiations and help you reach mutually agreeable solutions on critical issues, including:

Child Custody and Parenting Time: Establishing arrangements prioritizing the children’s best interests, not the parents’ grievances. The mediator will help parents understand the importance of co-parenting and foster a healthy relationship with both parents.
Parenting Plans: The mediator will help parents develop a detailed plan that addresses legal custody, physical custody, parenting time schedules, communication protocols, and decision-making processes for important issues such as education, religious upbringing, and healthcare choices.

Property and Asset Division: Fairly distributing marital assets and liabilities. The mediator helps the couple distinguish between marital property (acquired during the marriage) and separate property (acquired before the marriage or through inheritance).
Spousal Maintenance: The mediator helps the couple analyze each party’s financial needs and ability to pay spousal maintenance. This includes considering factors such as income, expenses, and earning potential.

Mediation can be challenging, especially when complex issues or past grievances are involved. Our attorneys are experienced negotiators who advocate for your rights and ensure your interests are protected. We strive to resolve disputes through mediation, avoiding the uncertainties of court intervention.

Litigation: When Mediation Fails

While mediation offers a valuable opportunity for couples to resolve their divorce collaboratively, it is not always successful. When parties cannot reach mutually agreeable terms, the case progresses to litigation. This means a judge who lacks personal knowledge of your unique family dynamics and circumstances will render decisions on critical matters such as child custody, property division, and spousal maintenance.

At Griffiths Law, we are committed to providing clear, compassionate, and effective legal representation throughout your Colorado divorce. We understand the emotional and legal complexities and are dedicated to guiding you toward a positive resolution and a brighter future.

What Must Be Agreed Upon Before a Divorce Can Be Finalized?

The decision to dissolve your marriage marks the beginning of a new chapter. Understandably, this process can be emotionally challenging, often leading to disagreements and heightened tensions. Work with a divorce attorney who recognizes the delicate nature of these discussions and is committed to facilitating a smooth and equitable resolution for you and your family. At Griffiths Law, we understand that even amicable separations can become strained when addressing sensitive issues like asset division, child custody, and spousal maintenance.

Child Custody and Parenting Time

When children are involved in a divorce, establishing clear and stable arrangements for their care is paramount. Colorado law has moved away from the traditional terms such as child custody and instead focuses on parental responsibilities, which are divided into two key areas: decision-making and parenting time. Decision-making encompasses what is commonly referred to as legal custody and addresses how major decisions regarding the child’s health, education, religious upbringing, and welfare will be made. Parenting time defines the schedule and arrangements for each parent’s time with the child, essentially what was previously considered physical custody.

Complicated Situations with Child Custody and Parenting Time

Allegations of domestic violence, abuse, or other behaviors that endanger a child’s well-being will be carefully considered when determining parenting arrangements. The court is dedicated to prioritizing your child’s best interests, but legal support can be vital in situations where a spouse is not fully truthful about their issue, or there are other contentions between parents.

Our team is dedicated to advocating for protective measures to safeguard your children’s well-being and ensure that their needs are at the forefront of all negotiations and legal proceedings. We will represent you strongly if unfounded allegations are made against you, protecting your parental rights and your ability to maintain a meaningful role in your children’s lives.

Child Support in Centennial and Southglenn, CO

Child support in Colorado is a legal obligation designed to ensure that both parents contribute financially to the well-being of their children following a separation or divorce. The primary goal is to maintain the children’s standard of living and provide for their essential needs. Colorado utilizes specific guidelines and formulas to calculate child support, aiming for fairness and consistency. Our divorce attorney will work to establish a fair and accurate child support order based on each parent’s income and assets, as well as each child’s individual needs.

Key factors in child support calculations include the combined adjusted gross income of both parents, the number of children requiring support, parenting time, expenses such as childcare, health insurance premiums, educational costs, and extraordinary medical needs. The court then allocates the fundamental child support obligation and any extraordinary expenses between the parents, proportional to their respective incomes.

Spousal Maintenance in Centennial, CO

Spousal maintenance, often called alimony, is a frequently contentious aspect of divorce proceedings in Colorado. Spousal maintenance is not automatically granted. Instead, the court makes this discretionary decision based on specific criteria, such as when there is a significant disparity in income or when one spouse has been financially dependent on the other during the marriage. The court aims to address economic imbalances that may arise from the dissolution of a marriage.

To determine eligibility and the amount of maintenance, the court considers several factors:

Income and Expenses: The court analyzes the income and reasonable expenses of both parties to assess their financial needs and ability to pay.
Contributions to the Marriage: The court evaluates each spouse’s contributions to the marital estate, including financial and non-financial contributions, such as homemaking and childcare.
Presence of Children: The presence and needs of children can influence the court’s decision regarding spousal maintenance.
Earning Capacity: The court considers each spouse’s potential earning capacity, taking into account their education, skills, and employment history.
Health and Age: The physical and mental health, as well as the age, of each spouse can impact their ability to become self-supporting.
Duration of the Marriage: The length of the marriage is a significant factor, with longer marriages often leading to longer maintenance periods.

Colorado has established guidelines to assist in calculating spousal maintenance, particularly for couples with a combined annual gross income of less than $240,000. These guidelines provide a starting point for determining the amount and duration of maintenance. However, the court has more discretion for higher-income couples (over $240,000) and may deviate from the guidelines.

Duration of Spousal Maintenance

The duration of spousal maintenance is generally related to the length of the marriage. A common rule of thumb is that maintenance may be ordered for a period ranging from one-third to one-half the length of the marriage. For instance, a 10-year marriage could result in a maintenance order lasting up to five years.

Short-Term Marriages: Marriages lasting less than three years are less likely to result in spousal maintenance orders.
Long-Term Marriages: In long-term marriages, particularly those involving significant financial dependence or health issues, the court may order indefinite maintenance, meaning it continues until a specific event or the death of either party.

The court has significant discretion in determining spousal maintenance. While guidelines and factors exist, the judge ultimately makes the final decision based on the specific circumstances of each case.

Given the complexities of spousal maintenance, seeking experienced legal counsel is essential. At Griffiths Law, we understand the nuances of Colorado’s spousal maintenance laws. We are committed to advocating for your financial interests and ensuring that any maintenance order is fair and equitable. We will analyze your financial situation meticulously and present a compelling case to protect your rights.

Griffiths Law Provides Compassionate Support During Your Divorce

We offer comprehensive legal support in all aspects of Colorado divorce, including:

Asset and debt division
Child custody and parenting time
Child support and spousal maintenance
Mediation and negotiation
Litigation, when necessary

We believe in a client-centered approach, prioritizing clear communication and personalized strategies tailored to your unique circumstances. Our attorneys are committed to helping you navigate this challenging time confidently and clearly. If you are considering divorce in Centennial or Southglenn, CO, contact Griffiths Law today for a confidential consultation. Let us help you secure a positive future.

Trusted Divorce Lawyers Local to Southglenn and Centennial, CO

Whether you have decided to initiate divorce proceedings or have been unexpectedly served with divorce papers, securing experienced legal counsel is crucial to protecting your rights and ensuring a fair outcome. At Griffiths Law, our divorce lawyer understands your challenges and is committed to providing compassionate and strategic representation, advocating for your best interests throughout every divorce process. We recognize that each case is unique, and we tailor our approach to your specific needs and circumstances.

To schedule a confidential consultation, please complete our convenient online contact form or call us today. Let us help you navigate your divorce with clarity and peace of mind.