Englewood Divorce Lawyer

Navigating the end of a marriage is a deeply personal and often challenging experience. The emotional weight of an irretrievably broken relationship can make dealing with the ensuing legal issues feel daunting. Disputes over asset division, child custody, and support can quickly transform a difficult situation into a complex legal battle. In these moments, the guidance of experienced legal counsel is crucial.

At Griffiths Law, our Colorado family law attorneys possess a deep understanding of the emotional and potentially contentious landscape of family law. We offer skilled and empathetic representation, providing clear direction through every stage of the divorce process. Our focus is to help you achieve a fair and equitable resolution, minimize conflict, and vigorously protect your best interests, paving the way for a fresh start. Contact our team to discuss how we can assist you in this transition.

Understanding the Colorado Divorce Process in Englewood

Facing the prospect of divorce can leave you feeling as if you are lost in unfamiliar territory with numerous hurdles ahead of you. At Griffiths Law, our knowledgeable divorce attorneys offer expert guidance and steadfast support to ensure you are well-informed and prepared for each step of the journey.

To begin the legal process of divorce in Colorado, you must first fulfill certain residency requirements: you need to have lived in the state for at least 91 days or six months if you share custody of children. Once these requirements are met, the first formal legal action is to file a Petition for Dissolution of Marriage with the correct county court clerk. After your spouse has been officially served with this document, the divorce proceedings advance to the important phase of financial disclosure.

Transparency in Financial Disclosure

Financial disclosure is designed to ensure openness and fairness when dividing what you and your spouse own and owe and determining any financial support. Both you and your spouse are legally required to provide detailed information about your income, assets (like bank accounts and property), debts (like loans and credit cards), and overall financial picture. The main purpose of this step is to give both sides and the court a clear and honest understanding of your shared financial situation. This helps prevent either party from hiding assets or debts, which could lead to an unfair division of marital property.

In Colorado, marital assets are divided equitably, which does not always mean a 50/50 split. The court will use the financial information you provide to make informed decisions about how to divide your property, whether one spouse will receive spousal maintenance (alimony), and how much child support will be. Our experienced divorce lawyers carefully examine all financial documents, including bank statements, tax returns, and paychecks, to ensure complete transparency and to uncover any assets that might not have been disclosed.

Mediation of Your Agreement With Help From a Divorce Attorney

After we gather all the financial information, mediation comes into play. In Colorado divorce cases, mediation is a guided conversation where you, your spouse, and your lawyers meet with a neutral professional to try and agree on the key parts of your separation. This helps you and your spouse find solutions together rather than having a judge decide for you. The mediator helps keep the discussion focused and productive, aiming for agreements on things like:

Child Custody and Parenting Time: This is all about what is best for your children, not old arguments between you and your spouse. The mediator will help you both focus on co-parenting and make sure your children have a healthy relationship with both of you.
Parenting Plans: Together, you will create a detailed roadmap for raising your children. The mediator will guide you in setting up legal custody (who makes big decisions), physical custody (where they live), schedules for seeing each parent, how communication will be handled, and how important choices about their education, religion, and health will be made.
Dividing Property and Assets: This involves figuring out what you own together and what you owe, and how to split it fairly. The mediator will help you understand what’s considered marital property (stuff you got during the marriage) and what is separate property (things you had before or received individually, like inheritances).
Spousal Maintenance (Alimony): The mediator will help you both examine each person’s financial situation—income, expenses, and potential earnings—to see if one person needs support and the other can pay it.

Mediation isn’t always easy, especially when there are tough issues or past hurts involved. But our experienced attorneys are strong negotiators who will stand up for your rights and make sure your best interests are protected throughout the process. Our goal is to help you reach a fair agreement through mediation, so you can avoid the uncertainty and stress of going to court.

When Litigating Is Necessary

While we always try to find a solution together in mediation, sometimes you and your spouse just cannot come to an agreement. When that happens, your divorce case will move into litigation, which means an impartial judge will make the final decisions about things like who gets custody of your children, how your property is divided, and whether one of you will pay spousal or child support.

Our Englewood divorce lawyers understand that going to court can feel stressful and uncertain. We are here to provide you with clear, caring, and effective legal support every step of the way through your Colorado divorce. We know how emotional and complicated this can be, and we are dedicated to guiding you toward the best possible outcome and helping you build a better future.

Getting a No-Fault Divorce in Englewood, CO

Colorado law simplifies the divorce process with its no-fault system of divorce. This means you do not need to prove wrongdoing, like adultery or abuse, to end your marriage. Instead, either spouse can file for divorce simply by stating that the marriage is irretrievably broken. If you believe your marriage cannot be saved, Colorado law grants you the right to pursue a divorce.

While the reasons behind a marriage ending are often intricate, Colorado law focuses on the current state of the relationship. When dividing property and debts, the court generally does not consider who was at fault for the marital breakdown. This approach aims to make the process smoother and reduce conflict. However, economic fault will differ. If one spouse’s actions significantly harmed the marital finances through things like wasting assets, the court can take this into account when dividing property.

What Needs to Be Settled Before Your Divorce Is Final?

The decision to end your marriage signals a fresh start, but before this new chapter can begin, you must reach clear agreements on several key areas with your spouse. These are the things a judge will need to sign off on to make your divorce official and allow you both to move forward. A divorce attorney will work with you to understand each of these areas and help you reach agreements that are fair and workable for your future.

Parenting Time and Child Custody

If you are going through a divorce and have children, making sure they have a clear and stable plan for their care is probably at the top of your mind. In Colorado, our laws refer to parenting time and child custody as parental responsibilities, which are broken down into two main parts:

Decision-Making: Think of this as the person who makes the big life choices for your kids. This covers things like their health care, education, religious upbringing, and overall well-being. This is sometimes referred to as legal custody.
Parenting Time: This is all about the schedule – when your kids are with each parent. It is the plan for their day-to-day life with each of you. This is what used to be called physical custody.

Establishing how you and your spouse will make those important decisions together is vital, as well as creating a clear, predictable schedule for when the children will be with each of you. Our goal is to make sure these arrangements put your children’s best interests first and provide them with the stability they need during this transition.

Determining Spousal Maintenance

Spousal maintenance, often referred to as alimony, frequently comes up in Colorado divorce cases and can be a point of contention. This maintenance amount is not automatically awarded. Rather, the court decides about it based on specific legal factors, particularly when there’s a significant difference in your and your spouse’s incomes or if one has been financially reliant on the other during the marriage. The court’s goal is to address any unfair economic situations that might arise when a marriage ends.

Colorado has guidelines to assist in calculating spousal maintenance, especially for couples with a combined yearly gross income under $240,000. These guidelines give us a starting point for figuring out the amount and how long it might last. However, for couples with higher incomes (over $240,000), the court has more flexibility and is not strictly bound by these guidelines. As your divorce attorney, we will carefully analyze all of these factors in your specific situation to advise you on the likelihood of spousal maintenance being awarded and, if so, what a fair amount and duration might be. We will work to protect your financial interests throughout this process.

How Long Will Spousal Maintenance Last?

Generally, how long spousal maintenance lasts in Colorado is tied to the length of the marriage. A common guideline is that it might be ordered for about one-third to one-half the length of the marriage. For example, a 10-year marriage could mean maintenance for up to five years.

Short marriages (under 3 years) are less likely to have spousal maintenance ordered. Long marriages (especially with dependence or health issues) could result in indefinite maintenance, lasting until a specific event or death. Keep in mind that the court has a lot of flexibility in deciding spousal maintenance. While there are guidelines, the judge makes the final call based on your specific situation.

Determining Child Support in Englewood, CO

Colorado law requires both parents to contribute financially to their well-being when they are going through a divorce or separation and have children. Child support attempts to ensure your children’s standard of living is maintained and their essential needs are met. As your divorce attorneys, we will work diligently to establish a child support order that is both accurate and fair. This will be based on several key factors, including:

The combined adjusted gross income of both parents
The number of children who need support
How much parenting time each of you has with the children
Certain necessary expenses for the children, such as the costs of childcare, health insurance premiums, educational expenses, and any extraordinary medical needs they might have

The court will then use these factors to determine the basic child support amount and how additional expenses will be divided between you and your spouse, typically in proportion to your respective incomes. Our role is to ensure that all relevant financial information is accurately presented and that the resulting child support order is fair and in your children’s best interests.

Contact a Local Englewood, CO, Divorce Lawyer Today

If you are considering divorce or have been served with divorce papers, getting experienced legal counsel is the first step to protect your future and ensure a fair outcome. At Griffiths Law, our local divorce lawyer understands the challenges you face. We are dedicated to providing compassionate and strategic support, advocating for your best interests throughout the entire process. We know every case is unique, and we’ll tailor our approach to your specific needs and circumstances.

Are you ready to have a confidential and no-obligation conversation about your situation? Don’t navigate this challenging time alone. Reach out to us conveniently through our secure online contact form or call our local office today. Let the experienced team at Griffiths Law provide you with the clear guidance, strategic advocacy, and sense of security you need to confidently navigate your divorce with clarity and a sense of security. Your new life is waiting just around the corner.