Littleton Divorce Lawyers

Unlike many other states, Colorado passed the Uniform Marriage Act (C.R.S. 14-10-110(1)) in 1972, which ended fault-based grounds for divorce and implemented only no-fault divorce, meaning you do not have to provide any reason to end a marriage. If you are the victim of domestic violence, abandonment, adultery, or other grounds previously required for divorce, you can still present evidence of these actions as a way to persuade the court in matters of child support, child custody, and spousal support. 

In some marriages, one spouse may make poor financial decisions, thereby negatively affecting the other spouse’s economic future. Separating assets is only one part of the equation because it is critical to determine who owns liabilities such as credit card debt, mortgages, and various loans. Working with the accomplished divorce attorneys at Griffiths Law PC can help you avoid monetary difficulties when you are freed from your marriage.

While many couples part ways amicably, the majority of divorce cases are contentious, and spouses turn on each other in matters of property division and children. Every case will be unique, but you can count on your divorce attorney to skillfully apply the law to your situation while calmly negotiating with the other side. We focus on efficiently managing conversations to reduce emotions and think clearly about compromises that will benefit any children first and then you as our client.

Understanding the Critical Elements Affecting Your Littleton Divorce

In addition to allowing no-fault divorce, the Uniform Marriage Act upholds your right to seek divorce even if your spouse does not agree. Spouses could argue against a divorce petition in years past, but you only need to file for divorce and meet the following requirements:

• One party (either you or your spouse) must be a resident of Colorado for at least 91 days before filing.
• If there are children involved, they must have been residents for at least 182 days before filing. 
• If you file without your spouse’s knowledge or consent, you must notify them by serving them with a Summons in person, doing so personally, or through a neutral third party.
• If you file jointly, you do not have to complete the spousal notification process.

After receiving the Summons, your spouse has 21 days to respond to the petition. If they wish to present their side to the court, it is considered a contested divorce, and it is wise for both parties to retain a divorce lawyer. If your spouse does not answer the petition within 91 days, the court is usually able to grant your final divorce decree.

Colorado Law Uses Equitable Division for Marital Property

Once the petition is filed, both parties are expected to share their financial information accurately, completely, and honestly over the following 42-day period. This is when your Little divorce attorney will collaborate with forensic accountants and other experts to fully inventory every item of value. This process is especially important if you believe your spouse is hiding assets from you to reduce what they might have to share. 

Your divorce lawyers will review items for both spouses, such as:

• Artwork, jewelry, and collectibles
• Auto and other vehicle loans
• Bank accounts
• Businesses
• Insurance policies
• Pay stubs and other personal income
• Real estate
• Retirement accounts and pensions
• Tax returns

Colorado is an equitable division state when it comes to marital property. Most people assume this means an even 50/50 split, but if one spouse holds significantly more assets or liability than the other, their divorce lawyers will negotiate to reach a fair agreement so one spouse does not suffer at the hands of the other. When divorces are complex (involving businesses or many properties) or between high-net-worth individuals, our Little divorce attorneys can untangle the details to ensure our client’s financial interests are protected.

Marital vs. Separate Property – Understanding Who Should Get What

Many couples marry young with relatively little to their individual names, then build a life together that involves cars, homes, and bank accounts. Dividing everything during a divorce means you must establish the provenance of anything you consider a separate property if you want to retain it in full after the final decree. Your attorney can help you obtain the documentation and manage discussions with your spouse when there are disagreements.

Separate property is generally anything that you owned prior to your marriage or that you obtained in your name only after the wedding. For example, if you owned your car before you married and kept it in your name, you reasonably would receive it in the property division. Interestingly, if you inherit property in your name or win a lottery, it is considered separate.

Marital property is anything that both partners purchased or shared during the marriage. A car you bought together? Marital property. The inherited house that you added your spouse’s name to the deed? Marital property. Even the winnings in the lottery would be marital if you deposited them into a shared bank account. All marital property will be divided according to the equitable division law in Colorado. 

Spousal Maintenance (Alimony) Depends on Many Factors

One way we work to ensure our client’s financial stability is by seeking spousal maintenance (formerly known as alimony) where appropriate. When a client devotes their life to childcare and homemaking without developing their career or work prospects, they deserve individual support. This is separate from child support, which is meant for housing, clothing, and food costs for the children, not the parent.

Spousal maintenance also provides financial independence for a spouse who might struggle when relying on a single, smaller income. It helps them maintain the standard of living they held during the marriage and eases the transition into a more self-sufficient life. In some instances, spousal support may include the costs of job retraining classes or college education so the recipient can re-enter the job market after the divorce.

Maintenance payments may be temporary and paid only during the divorce proceedings after the parties have legally separated and are living in different homes. The court may also grant spousal support after the divorce for a specific time period, such as months, years, or permanently.  Recipients can seek an extension by presenting evidence indicating unsuccessful efforts to find work, but paying spouses can also seek to terminate payments when justified. 

Griffiths Law Helps You Negotiate Satisfactory Parenting Time Agreements

Along with property division discussions, the conversations around child custody are often the most challenging factors in a divorce. Deciding what is best for the children can become tangled with personal feelings towards the other spouse, bogging down negotiations with bitterness and attempts to “get back” at the ex-partner. With our experience in managing these interactions, you can rest easy knowing your divorce lawyer at Griffiths Law PC will work to keep things calm, neutral, and moving forward.

Colorado recognizes “parenting time agreements” over the term “child custody,” and these are built on trying to keep a stable home life for the children. The state’s definition of parental responsibilities includes living arrangements, schooling locations, accustomed care and activities, and time spent with each parent. If one parent is the primary caregiver, they may retain primary physical custody, but the court will prefer the children have adequate time with the other parent.

The family court’s goal is to serve the best interests of the children. Ideally, you and the other parent will be able to work out a parenting plan that aligns with that goal, which you will then present to the court. The better you can create this kind of agreement, the less likely the judge may alter it, meaning you stay in control of what happens with your children, not a stranger who is unfamiliar with your life.

Elements That Affect Parenting Arrangments

During your meetings with your divorce attorney, they will help you understand more about what elements are included in the “best interests of the child” standard. In Colorado, the judge will take these criteria into consideration before entering their parental responsibilities order:

• The child’s wishes if they are mature enough to express a preference
• The history of each parent’s interaction and time with the child
• The child’s relationship with their siblings (the court prefers keeping siblings together)
• Whether the child will need to adjust to a different school or home after the divorce
• The mental and physical health of both parents and the child
• How well each parent can encourage a healthy relationship between the child and the other parent
• Whether there is a history of domestic violence or abuse against children
• The distance between the parents’ respective homes.

Both parents should try to build an agreement based on these considerations and any that are unique to their situation. Coming to a mutual understanding can show the court you are able to put aside your personal differences for the good of your children. Your Griffiths Law PC divorce lawyer will guide you through the process to ensure the greatest chance of success.

Child Support Is Calculated According to Many Factors for the Children’s Benefit

Some spouses consider a child support order as an unfair way to reward their former partner for ending the marriage. It is vital that all parties recognize the purpose of child support: to ensure children have the financial basis for a healthy and safe life after divorce. It is used to pay for food, clothing, and housing, not as a way of punishing the non-custodial parent. 

In Colorado, C.R.S. 14-10-115 decrees that either parent may be required to pay child support, although the burden usually falls to the non-custodial parent. Even when a parenting agreement is 50/50, one parent may earn significantly more than the other, necessitating child support payments to ensure the children’s needs are met.

The Colorado Department of Economic Security oversees child support payments. Your family court judge will consider the following when issuing a support order:

• Each parent’s financial resources
• The child’s financial resources
• Each child’s standard of living during the marriage
• Each child’s educational, emotional, and physical care needs
• Childcare and healthcare costs
• Each parent’s expenses, including whether they are paying support for children from a previous marriage
• Each parent’s potential income if they are unemployed at the time of the divorce

Child support is typically paid until the child reaches 19 years of age. It does not automatically end at that time, and the paying parent will need to petition the family court to rescind the order. Either parent can petition to modify the order if there are substantial changes in income or expenses on either side.  

Make the Right Choice for Your Littleton Divorce Lawyers – Griffiths Law PC

Simple or complex, divorce is an emotional and financial rollercoaster. At Griffiths Law PC, we strive to make it the smoothest experience possible by compassionately supporting you every step of the way. Our team is unrivaled in Littleton, CO, coordinating with the best resources and experts to efficiently and effectively complete every aspect of your case.

From child support to spousal maintenance concerns, we protect your stability and financial security as you end one chapter of your life to begin the next. We stand ready to listen to your concerns and answer your questions, so contact us to schedule a consultation. Get started today with our Littleton divorce lawyers through our online form or by calling our offices.