Parker Divorce Lawyers

In the last 50 years, states across the US have passed no-fault legislation regarding divorce, and Colorado is no exception. The Colorado Revised Statute 14-10-110 states that one only needs to state that the marriage is irretrievably broken and that there is no way to rectify the situation. The courts will accept the reason and grant the divorce if the other spouse does not deny this under oath. 

Should the respondent spouse decide to deny the marriage status under oath, it may prompt further investigation into the situation or a continuance to be reheard between 25 and 63 days later. However, it is all but unheard of for the courts to not grant a divorce as long as one person wants it. If you have concerns regarding your spouse’s willingness to cooperate with the divorce, you may want to consult with a Parker divorce attorney. 

Not only is proof of wrongdoing unnecessary to obtain a divorce, but in many cases, the judge does not entertain conversations about alleged wrongdoings. However, acts such as infidelity or abuse may become relevant in asset division and custody agreements, which are separate parts of the divorce process. 

Components of a Parker Divorce 

Obtaining the court’s approval for divorce may be considered the easy part of divorcing a spouse. When you sign a marriage certificate, you are creating one marriage contract. Still, when you divorce, you must undo or re-distribute responsibility or ownership, covering several legal scenarios that can be addressed at multiple points of the divorce. The process you can expect in your divorce is as follows:

• Filing
• Financial disclosure
• Initial status conference
• Discovery
• Temporary orders
• Experts
• Mediation
• Permanent orders
• Appeals
• Post-Decree

In the most amicable divorce, this process will take at least 91 days since that is the minimum waiting time from the time that you file. However, if there are points where you and your spouse cannot agree or need the extra support of mediation, divorce proceedings can take significantly longer. When you work with one of our Parker divorce lawyers, we can provide you with the guidance and support necessary to get the process over as quickly as possible while helping you find agreements that will benefit you. 

Property and Asset Division

One of the first orders of business in a divorce is taking an inventory of all the assets, both individually and in the marriage. The specifics of how properties are allocated can become very detailed and unexpectedly complicated, so discussing this with our Parker divorce attorney may be beneficial. While assets such as a home or vehicle are not generally forgotten, a few assets tend to be overlooked in your divorce. These may include items such as credit card reward points, sentimental photos, storage units, and even a family pet. When considering how assets should be divided, a judge may consider several factors, including:

• The economic circumstances of each person 
• The value of property meant for each spouse
• Changes in the value of assets during the marriage
• Each spouse’s contribution to the acquisition of property

Regarding asset division, Colorado operates on an equitable distribution model. Using this model, the judge and any mediation plans will determine what is most equitable based on the investment into the marriage. When one party provides domestic support to the marriage and family, this is generally considered an equal contribution. While this may result in a 50/50 split of assets, that is not always the case.

Custody and Parenting Time

Current language for what we used to refer to as custody agreements and legal custody is now shifting to parental responsibility and decision-making rights. This language shifts the perspective of the topics to make the parents the focus of the agreement, which is a needed shift given that the divorce is one of the parents and not the child. The Colorado Revised Statues 14-10-123 and 14-10-124 cover the basics of how the courts may determine parenting time and decision-making. Some of the considerations for determining parental responsibility may include:

• Parental capacity or fitness
• Child’s preferences
• Parental preferences
• How well-adjusted the child is at their current school and environment
• Location of parents’ residences
• Parent and child mental and physical health

The judge in a Colorado divorce case will determine parental responsibility in part by considering how likely each parent is to facilitate a relationship between the child and the other parent. While spousal shortcomings may not be addressed in property division or other aspects of divorce, behaviors that may result in safety concerns for the child may be addressed and considered in this section of the divorce process. 

Spousal Support

Spousal support, also known as spousal maintenance or alimony, is meant to provide financial support to a lower-paid spouse to aid in the transition to independence. Eligibility is based on a court assessment. Some of the evaluated criteria include:

• Financial resources, including the need and ability to pay
• Distribution of marital property 
• Potential or actual income produced
• Reasonable lifestyle needs to be established in the marriage
• Income of both parties
• Established earning capacity
• Length of time married

This is not an exhaustive list, and the judge may review any other factors they determine to be relevant to the assessment. The amount of support due is 40% of gross household income minus the income of the lower-paid spouse. The remaining amount, minus tax withholdings, is the amount of support that will be due. The duration of support is directly related to the time the marriage lasted. Recommended support durations start at 11 months for a 36-year marriage to 50% of the marriage duration for marriages lasting 13 years or longer. 

Circumstances of Spousal Maintenance

Not all forms of spousal maintenance are ongoing. In some cases, the judge may issue a temporary order for support to maintain the status quo through the end of the proceedings. If the situation calls for post-divorce support, payments may be owed for months relative to the duration of the marriage. However, your Parker divorce attorney may help you amend or terminate those payments in case of a significant life change. 

Child Support

Child support is a topic that can make a previously amicable divorce much more tense. However, this is another example of a crucial time to separate your feelings about your child’s other parent and focus on achieving the best outcome for your child. The calculation process is deceptively complicated, given how simple the online worksheets appear. Some of the many factors used to determine the amount of child support owed may include:

• The standard of living the child is accustomed to 
• Which parent pays expenses such as childcare, healthcare, extracurriculars, and other costs associated with raising children
• Parenting time, specifically overnights
• Parental ability to pay
• The need of the recipient’s parent
• Spousal support 

If you have questions or concerns regarding the amount of child support due to or from your spouse, you can contact Griffiths Law for guidance on what to expect and someone to advocate for your rights in the situation. The ultimate goal of child support is to ensure the needs of the child are met, but this does not mean that you don’t have rights in the situation. 

Requirements for a Parker, Co Divorce

The requirements for a divorce in Colorado are minimal but strict. First, at least one spouse must reside in Colorado for at least 91 days. If children are involved, you must have a residence for 181 days or from birth if the infant is less than six months old.  

Once residence is established by at least one parent, Colorado courts can claim subject matter jurisdiction, allowing them to grant the divorce. However, if Colorado does not have personal jurisdiction over the party being served, it may not be able to resolve matters of property and other support payments. If this is the case, these matters may need to be handled by outside courts who have personal jurisdiction. 

Alternatives

An alternative approach to the courtroom litigation of a divorce is known as a collaborative divorce. In this model, you work collaboratively with your spouse to determine how your lives will look moving forward. This model of divorce may be particularly beneficial to those with children and keeps disputes from the courtroom. It encourages healthy communication along with a fair and positive outlook on resolutions. 

Legal Separation

A legal separation is similar but not quite a divorce. The process for legal separation is the same as a divorce. You will be required to participate in financial disclosure and property division. However, some people may choose to file a legal separation for tax or religious reasons. The distinguishing feature of a legal separation is that you are still considered legally married and, therefore, unable to marry anyone else. However, you are eligible to convert the separation to a divorce after six months. 

Annulment

An annulment is not necessarily a divorce alternative but may be considered a step beyond. Annulments are legal declarations that consider a marriage contract null and void as if it never happened at all. While a divorce will show a record, an annulment will act as if the marriage never happened. The criteria for annulments are a little bit different than divorce and are generally granted in cases of incapacitation due to drugs or alcohol or those who marry under a fraudulent pretense, duress, jest, or in response to a dare. The time limit for annulments varies from months to years, so if you think an annulment is appropriate to your situation, act quickly and contact a divorce attorney. 

Contact a Parker Divorce Attorney Today

Divorce is difficult, even in the best circumstances. It can also be emotionally draining and expensive, especially if you enter into it without experienced representation. Call Griffiths Law PC today and speak with our Parker Divorce Attorney. You can schedule a confidential case consultation where we can discuss your needs and goals to help you forge a path forward.

Stepping into mediation or negotiations without representation can leave you vulnerable to the whims of your spouse and their representation. We will stand by you and aggressively ensure your interests are protected to give you the best foundation possible in the next stage of life.