Greenwood Divorce Lawyers

A Greenwood Village divorce lawyer may provide you with a Colorado divorce guide explaining your legal options. There are different separation options you may be able to pursue. These include:

Uncontested Divorce

If you and your spouse both agree to separate, your divorce may be uncontested. At this point, you and your spouse are in agreement that your marriage is irretrievably broken. Both parties must figure out how to divide assets. If you have kids, you may have to determine custody and parenting time. 

Mediated Divorce

You and your spouse may want to separate and agree to use a mediator to guide you through this process. A mediator serves as an unbiased third party. This individual may help you determine who gets what assets and how child custody and parenting time are split up. They will not provide legal advice to either party. 

Collaborative Divorce 

There are collaborative divorce lawyers in Colorado who can help you and your spouse. You may hire an attorney, and your spouse may do the same. Together, both parties and their respective attorneys work together to come to terms on a divorce agreement. 

Litigated Divorce

You and your spouse may have to go to court to dissolve your marriage. In this scenario, it may be best to have an experienced divorce attorney represent you. Your lawyer may help you gather evidence and build a compelling argument. Much in the same vein, they may work with you to dispute any claims that your spouse makes against you. 

Legal Separation

You may be wondering about legal separation vs. divorce and which option is the best one for you and your spouse. If you are legally separate, you are still married. Thus, if you want to marry someone else, you cannot. Alternatively, a separation may give you time to step away from your marriage and consider your options. If you find the marriage is broken to the point where it cannot be repaired, you may then file for divorce.

Divorce lawyers will represent your best interests, regardless of the separation option you choose. If you have Colorado civil litigation attorneys who have plenty of experience at your side, you may be well equipped to choose an option that serves you well long into the future. 

How an Annulment Works

In addition to divorce options, you may be able to request an annulment. Divorce attorneys can explain annulments in Colorado and explain if you are eligible to get one. If you want an annulment, your lawyer may help you file for one. 

With an annulment, you and your spouse can void your marriage and say it never existed. You can fill out annulment forms to request one from a district court. For the court to grant your request, you must meet various criteria. 

It may be difficult to get an annulment, but a Greenwood Village divorce attorney may be able to assist you. They may help you complete annulment forms and share evidence to support your case. 

How to File for Divorce

Greenwood Village divorce attorneys can answer any questions you have about how to file for divorce in Colorado. To begin this process, you will have to submit a petition for the dissolution of marriage. With this petition, you or your spouse must reside in Colorado for a minimum of 91 days before you can submit it. If you have children, they must live in the state for at least 182 days. 

In your petition, you must provide details about how the court will enter the order. You may make requests regarding the allocation of parenting time, maintenance, and division of assets and property. If you do not include these requests in your petition, you may not be able to bring them up to the court at a later time. 

Along with your petition, you may have to submit a summons for dissolution of marriage and a temporary injunction. The summons may be sent to your spouse. It tells them that you are filing for divorce and how they can respond to your petition. The injunction keeps your marriage in place while your divorce case moves forward. By doing so, it prevents you or your spouse from doing things like concealing marital property or taking your children out of state without either party’s consent. 

Your attorney may help you file these documents with the court. They may also assist you with the service of your petition and summons, ensuring both parties are fully aware of the divorce and can plan accordingly. 

Once your divorce request is submitted, the court process gets underway. There may be an initial status conference within 42 days of when your divorce petition is filed. This conference may take place in front of a judge. It gives you an opportunity to discuss the logistics of your case.

There may be a case management order issued. The order will require you and your spouse to disclose information about your respective finances. You may have to provide this information within 42 days of when your divorce is filed. 

A divorce may be complicated, but your attorney can assist you. Your lawyer can help you get out in front of any issues. They may work with you to find solutions that work well for both you and the other party. 

Maintenance and Spousal Support

You or your spouse may be required to pay maintenance to the other party. This may be required if one party earns more than the other. You can get help from Colorado spousal support and maintenance lawyers to pursue this option. Or, your attorney can help you find ways to avoid spousal support or minimize your maintenance payments to your spouse.

Spousal maintenance may help an individual financially recover after a divorce. It may give them temporary financing that they can use to get back on their feet. They may use the money to get settled, find a job, and do what is necessary to move forward from their separation. Alimony may also be used to help a person maintain their standard of living after their marriage ends. 

Your lawyer can teach you about maintenance and alimony. They may look at the finances of both you and your spouse and use calculations to determine if either party may be required to pay spousal support. They can also explain if a court may be inclined to order maintenance. The court may review several factors to determine if maintenance should be required, such as:

• Income and employment status of each party
• Health and age of each party
• Childcare responsibilities

There are times when a maintenance agreement is in effect and may be modified. For instance, you may pay maintenance but are now dealing with a serious health issue. This problem may affect your earning capacity. As such, you may have grounds to request a modification of your maintenance agreement. 

Your lawyer can teach you about spousal support laws in Colorado and how they apply to your case. Based on your finances and those of your spouse, you may be able to request maintenance or have to prove you should not be required to pay it. In either scenario, your attorney can work with you to ensure your finances are protected. 

Child Support

The Colorado Child Support Services Program is in place to help ensure that parents get the financial assistance they need to take care of their kids. If you and your spouse have children, either party may be required to pay child support to the other parent. Many factors may be considered when determining if support is required, and these include:

• Each parent’s financial resources
• The child’s physical and emotional wellbeing
• The child’s standard of living

A court may look at the income of each parent, how much time a child spends with each parent, and other factors to determine if support is warranted. It wants to ensure that a child has food, clothing, and housing when they are in the care of both parents. If there is a significant discrepancy in the standard of living when a child is with one parent over another, the court may order child support. 

There are child support guidelines, but a court may deviate from them. As an example, a child may spend the majority of their time with one parent. This may prompt the court to deviate from these guidelines and ensure that this parent receives additional support. 

Parenting Time

A divorce can be contentious, particularly if you and your spouse cannot agree on parenting time. Your lawyer can help you contest claims your spouse makes against you. In a situation where your time with your child is in dispute, your attorney will make sure you receive the legal support you need to help you achieve your desired result. 

With parenting time and decision-making relative to children, a court will consider many factors. It may evaluate the wishes of each parent and the children they share, as well as the ability of each parent to fulfill the needs of their kids and others. The court may also look for evidence to show if the parents are capable of making decisions together to support the best interests of their children. 

In many instances, a court will provide both parents with the ability to jointly make decisions for their children, even in a divorce case. Yet, there are times when a parent may claim that the other parent is incapable of making these decisions. If you are dealing with this situation, you may have to provide evidence to support your case. Otherwise, you risk losing the legal right to make decisions on behalf of your children. Your parenting time and your relationship with your kids may also be impacted. 

Your lawyer can discuss what a motion to restrict parenting time is and other legal topics with you. They will advocate for you and your children. As a result, your attorney may put you in a strong position to get the parenting time you want with your kids. Most importantly, they may help you and your children foster positive relationships now and in the future. 

Get Legal Help with Your Divorce

If you are struggling with what to do next in your divorce case, legal help is available. At Griffiths Law, we provide you with access to a team of legal professionals committed to helping you get the best results. Our team members will work in lockstep with you, ensuring your legal needs are met at each stage of your litigation. To find out more or request a consultation, contact us today.