Couples may choose to get divorced for a number of reasons. It may be a decision that both parties reach together or separately, and can be amicable or contentious. Even in the best of circumstances, a Lakewood divorce lawyer can help streamline the process, navigate decisions, and ensure that matters do not escalate.
With the help of Griffiths Law, you can approach your divorce with confidence, knowing you have the support and advocacy you need. We take time to understand your situation, needs, and goals for your divorce, and help secure results with your best interests in mind. We help protect what is yours and ensure your rights are not threatened. Our team has extensive experience navigating the nuances of divorce and will be your guide throughout the process.
Lakewood Family Law Attorneys Help You Navigate No-Fault Divorce
Colorado is a no-fault divorce state, which means that a spouse does not need to provide a specific reason to file a petition to end their union. Rather than having to demonstrate a spouse engaged in activities such as infidelity or abuse, spouses can simply attribute their divorce to irreconcilable differences that prevent their marriage from being repaired. In some situations, economic fault may be cited as a contributing factor in the divorce.
Once you have made the decision to file for divorce, what comes next can be completed within three months to a year or more, depending on a number of factors. You and your spouse must fill out all required paperwork, which includes submitting an inventory of all properties, assets, and debts to establish each party’s financial state and assets eligible for division.
After disclosing this information, negotiations can begin to determine how property will be split up and disbursed, how custody will be shared if children are involved, and how much child support or alimony will be paid if applicable. If an agreement can be reached, the divorce can be finalized, and the court can finalize custody and support plans. If this cannot be accomplished, your divorce must be settled in court.
Waiting Periods During the Divorce Process in Colorado
There are a couple of notable waiting periods when filing for divorce or separation. The most important one is the 91-day period between filing your petition or serving papers to your spouse, and moving forward with finalizing the divorce. Additionally, individuals must be residents within the state for a minimum of 91 days, or have had your children living in the state for 182 days or more. If your case goes to court, you may also have to wait for a judge’s availability.
How to File or Respond to Divorce Papers
The divorce process begins with a petition to the court, which can be initiated by either party individually or together. If you are the one to file the papers, you are responsible for ensuring your spouse receives the divorce papers. Papers must be served by someone other than you, who can be someone you know or an outside service. This notifies your spouse that you are seeking a divorce and what you are requesting in the process.
If you are the one being served with divorce papers, you have the chance to respond. You may either agree or disagree with their requests, and can respond accordingly. You must then serve your response back to your spouse so the divorce requests can be filed and proceedings can begin.
Once both parties have responded to the divorce petition, an injunction is issued on all assets, debts, and properties according to Colorado Revised Statutes § 14-10-107. This dictates that no actions can be taken to change or disperse these resources until proper steps have been taken to divide them up and receive court approval.
Couples in Jefferson County Have the Option to Pursue Legal Separation or Divorce
In Colorado, couples can choose between legal separation and divorce. The former allows couples to remain married but reside separately and act individually. For some couples, this time apart is used to explore the idea of divorce and/or reconciliation. For others, it may be used as a stepping stone to divorce that provides time to prepare for the process and work together to reach an agreement.
Conversely, divorce results in the full severance of the union between both individuals. The process is final, and all joint assets must be divided up in the process. The process for getting separated and getting divorced is very similar in Lakewood, CO, but may have some nuanced differences and requirements depending on what you are trying to accomplish. It is important to talk with your lawyer before proceeding to understand what steps you must complete.
How Property, Assets, and Debts are Divided in a Divorce
All couples pursuing a divorce must divide up their assets, debts, and property. There is often a lot of conflict during this phase of the divorce for most couples. Each spouse typically has assets they want to end up with, or do not want their spouse to have. For this reason, property division negotiations can become lengthy as each party is hesitant to let go of various assets or end up with certain debts.
Colorado approaches asset division from a standpoint of equity. Assets are not divided up 50/50. Rather, each person’s financial means and needs are considered. The length of the marriage can also impact how property is disbursed in a divorce. If one spouse has primary custody of a child from the marriage, that can heavily impact the outcome as well.
Both marital and separate property are recognized and evaluated in Colorado. This means that joint assets are eligible for division and dispersal in the divorce. However, separate property is any asset that was brought into the marriage by either individual, or includes inheritance or gifts that were given or titled to one spouse individually. These assets remain with the spouse and are not subject to division.
While the concept of dividing assets may make sense to many, the division of debts may be less clear. During a divorce, the debts accrued by both spouses during the marriage are treated much the same as assets. Debts are divided in a way that is fair according to each party’s circumstances and financial means. Your lawyer can help you and your partner determine who will pay what, and what actions need to be taken on various accounts to reflect the changes.
Methods for Resolving a Divorce in Colorado
There are times when couples are able to divorce amicably and are in agreement on all aspects of their divorce. However, more often than not, divorce proceedings are characterized by disagreements and retaliatory actions. This can considerably prolong the process. When disagreements occur, you may have a few options available to you to resolve your divorce without involving the courts.
The first two options you have are mediation or collaborative divorce. While the two processes share some similarities, they are also very different. Mediation allows both parties to discuss their issues before a neutral party who listens, facilitates discussion, and helps each party see the other’s point of view. Mediators do not make any decisions, and the process can be done without lawyers.
Collaborative divorce allows you to have your lawyer present and speak on your behalf. They help negotiate an agreement that works for you and your spouse. This process allows each party to actively work together with the help of your divorce lawyers in Lakewood, CO to reach an agreement so you do not have to go to court. Litigation is often saved for cases where a consensus cannot be reached by any other means.
Eligibility for Spousal Maintenance in a Colorado Divorce
While most people know the term alimony, Colorado does not use this term. Rather, they call it spousal maintenance. Couples in certain situations may make this request in their divorce. They can outline the details of what they are seeking when filling out a spousal/partner maintenance advisement form. The decision to grant this request is up to the discretion of a judge, who may or may not agree to it.
For those who are approved, spousal maintenance does allow one spouse to receive financial support from the other after their divorce. This typically occurs in situations where couples have been married for three years or more and have a maximum combined gross annual income threshold of $240,000. A judge will also consider each partner’s financial situation, historical and potential earnings, length and health of the marriage, and more.
Additionally, for divorces where spousal maintenance is allowed, the length of time financial assistance can be provided is limited to a pre-defined term. Colorado determines the payment term based on a percentage of the number of months the marriage lasted. These payments may or may not be tax-deductible, so it is important to discuss with a lawyer and/or an accountant before filing your taxes.
Custody, Parenting Plans, and Child Support Decisions in a Divorce in Jefferson County
Custody and child support decisions are an extremely important part of the divorce process for couples who have children. These arrangements are often a common source of contention among couples and can be difficult for children. The child’s well-being is of utmost importance, and your divorce attorney in Lakewood, CO will help you make numerous decisions with this in mind.
Designing parenting plans and custody schedules will be among the first decisions you and your partner must make in this area. There are a number of plans that you can choose from to ensure parenting time is distributed equitably and provides stability for the child. If an agreement cannot be reached, the court will have to issue a decision on the matter.
Choosing a custody schedule first can lay the foundation for all subsequent decisions. Custody can be split evenly between parents in different configurations that work best for their family dynamic and the needs of the child. It can also be unevenly shared in instances where one parent has sole or majority custody, or one parent works in an untraditional capacity. Each parent must also determine how holidays and vacations will be handled in light of the custody schedule.
A parenting plan must also be created to address how decisions will be made, how to handle unexpected events or changes, as well as education, travel options, and other aspects of the child’s care. Additionally, child support must be calculated so the non-custodial parent can share in the costs of raising the child. Each parent’s finances are examined before settling on an amount that is fair to both parents.
Tax Implications for Couples Who Are Divorced or Legally Separated
A separation and divorce not only affect your finances, but they also impact your tax status. Tax allowances and credits are often different for married couples than single individuals, so reverting back to a single status changes how your taxes are calculated. However, with a divorce, your tax situation is likely to be more complicated, especially if you are paying spousal maintenance or child support.
When filing taxes after a divorce or separation, you will need to choose the tax status that most accurately reflects your situation. Your withholdings and ability to claim a dependent can also change with a divorce and impact your taxes. You will also need to consider how retirement assets and property may need to be listed on your tax forms, and what implications this could have for you.
Schedule a Consultation with Griffiths Law Today
The team at Griffiths Law is equipped to help you navigate your divorce with confidence and reach an agreement that works for you and your spouse. We provide legal counsel that is tailored to your situation to ensure you receive the most favorable outcome. With our experienced attorneys, you can trust that your rights will be protected along the way. To learn more about your options and divorce proceedings, contact us today to schedule a consultation.