Colorado Divorce Attorneys
Divorce is never easy. We can help you through this difficult time
Have you been feeling held back by your marriage? Have you fallen out of love with your spouse after your marriage has irretrievably broken down? If so, you may be ready to take control of your future and file for divorce. You may not have planned for your marriage to fall apart, but when it does, divorce gives you an opportunity to pick up the pieces of your life.
Unfortunately, divorce can get messy. Spouses who once adored each other turn on each other, cannot stop arguing, and focus on blaming one another instead of collaborating to separate their lives, assets, and property amicably. Our Colorado divorce attorneys with Griffiths Law are here to help you and your family finalize your divorce terms swiftly and with minimal contention. Contact our Colorado family law attorneys to request a confidential consultation and learn more about the steps you should take to protect your future.
You Do Not Need Cause to Obtain a Divorce in Colorado
In the past, getting a divorce was taboo. These days, as much as 50% of all marriages end in divorce. This is because Colorado divorce laws have been progressive. Instead of requiring one spouse to prove that the other has wronged them through adultery, abuse, or in any other way, either spouse can file for divorce on no-fault grounds. This means if, at any point in your marriage, you feel as though your marriage has irretrievably broken down, you have the legal right to file for divorce.
Even if your spouse did something to cause the breakdown of your marriage, filing for divorce on no-fault grounds is often the best way to get your divorce finalized as quickly as possible. Marital fault will have no bearing on the outcome of your divorce settlement, as marital fault is not taken into consideration when dividing assets, debts, or property. Economic fault, however, could have an impact on how your marital property is distributed as part of your divorce terms. If your spouse did something to negatively affect your family financially, this could be taken into account as you work out the division of your marital assets.
However, marital fault could have an impact on your child custody and parenting time agreement, spousal maintenance and alimony discussions, and other elements of your divorce proceedings. For example, if your spouse cheated on you and subsequently requested spousal maintenance, our divorce lawyers at Griffiths Law would work diligently to ensure you are not expected to help them financially when your marriage ends. If your marriage came to an end due to domestic abuse, this could have an impact on your parenting time agreement. Our team will review the circumstances of your case to ensure marital and economic fault is carefully evaluated and considered accordingly throughout your divorce proceedings.
Types of Divorce Cases
How Colorado Divorce Proceedings Work
If you have made the decision to end your marriage or have recently received divorce papers, you may be feeling anxious about how the divorce proceedings will unfold. The legal knowledge and support of your dedicated divorce lawyer with Griffiths Law will be an invaluable resource as you navigate Your divorce.
To officially file for divorce, you must meet the Colorado residency requirements. You must have lived in the state for at least 91 days or a minimum of six months if you share children. Once the residency requirements have been met, you will need to visit the county court clerk’s office and file a petition for the dissolution of marriage. Once your spouse has been served, the divorce process begins with financial disclosures.
The Financial Disclosure
Financial disclosures are necessary before the marital estate can be divided. Each spouse will need to disclose their income, assets, debts, property, and other financial information. Our divorce attorneys will carefully review bank statements, regular monthly expenses, taxes, pay stubs, and other relevant financial records to ensure your spouse has disclosed all necessary information and is not attempting to hide assets or property that may be considered a part of the marital estate.
Mediation
Once we have all the financial information we need to proceed, we sit down with your ex-spouse and their divorce lawyers during mediation. A mediator is a neutral third party who will be responsible for guiding the mediation sessions. It is the mediator’s goal to listen to both parties and offer helpful suggestions about how to resolve the terms of your divorce. Many important issues need to be discussed, including your child custody and parenting time if you share children, the division of your marital property and assets, and whether spousal maintenance or alimony should be awarded.
It is not uncommon for these issues to become serious points of contention throughout the divorce proceedings. This is particularly true if domestic abuse, adultery, or other types of marital fault are present. Many families require multiple mediation sessions before they can successfully resolve these issues. You can rely on your family law attorney to advocate for your rights throughout this process. We will not be afraid to challenge your spouse and their legal team when it appears as though they are attempting to take advantage of you or fail to prioritize your family’s best interests. We will do everything possible to work out the divorce terms during mediation, otherwise, these important decisions will need to be made by an impartial judge who does not know you, your family, or your children.
Details to Settle Before Your Divorce Can Be Finalized
You may be ready to dissolve your marriage and move forward with your life. However, before your divorce can be finalized, the settlement terms must be arranged. Our divorce attorneys want to make this as painless as possible for you and your family. It is not unusual for couples to find it difficult to work through these talking points without explosive arguments. Having an experienced divorce attorney on your side can help you remain calm and neutral and work through these terms equitably so you can move through the divorce proceedings in a timely manner.
Spousal Maintenance & Alimony is Not Guaranteed
One of the divorce terms that causes the most contention is alimony. Colorado law does not refer to alimony as such. Instead, it is known as spousal maintenance. Many families assume spousal maintenance and alimony are guaranteed. However, this is not the case. In most instances, spousal maintenance will only be ordered if one spouse earns considerably more than the other or the lesser-earning spouse is financially dependent on the higher-earning spouse.
How Maintenance is Calculated
To determine how much maintenance could be ordered in your divorce proceedings, the Colorado family court system will use its maintenance guidelines. The court guidelines can be used for any marriage where the combined total income is less than $240,000. However, if your family earned more than $240,000 annually, it may be more difficult to determine how much maintenance could be awarded.
Several factors could determine whether alimony is awarded and, if so, how much the maintenance award will be. The family court system may take into consideration one or more of the following:
- Both spouse’s income and expenses
- Both spouse’s contributions to the marital estate and home
- Whether you share children
- Both spouse’s earning capacity
- Both spouse’s physical and mental health
- The length of the marriage
How Long Are Spousal Maintenance Orders?
Generally, the length of a spousal maintenance order will be based on how long you were married. If a maintenance order is issued in your divorce proceedings, it will generally be temporary and extend to anywhere between 1/3 and 1/2 of the length of your marriage. For example, if you were married for 10 years, you might be ordered to pay or continue receiving maintenance for as much as five years after the divorce has been settled.
The longer you were married, the longer spousal maintenance may apply. If you were married less than three years, spousal me and its orders are less likely to be awarded. However, the Colorado family court system has the discretion to implement indefinite spousal maintenance orders, which would require one spouse to provide maintenance to the other for the rest of their lives. This occurs most often in long-term marriages where one spouse has been financially dependent on the other or is physically or mentally incapable of providing for themselves.
Marital Property Should be Distributed Equitably
Our Colorado divorce lawyers will be by your side to protect you from being taken advantage of. When you decide to end your marriage or are served divorce papers, you may be concerned that your ex-spouse will attempt to hide money, prevent you from accessing the marital finances, property, and assets, or attempt to deny you what is rightfully yours. Having a legal advocate in your corner throughout the divorce process is often the best way to assert your rights.
Many people are afraid to file for divorce because they believe that marital assets, property, and debts will be split down the middle. Maybe you do not want to be stuck paying for your spouse’s debts. Or perhaps you are worried that your spouse will be entitled to half of your business revenue which could force you to close your company’s doors. However, 50-50 property divisions occur in community property states. Colorado is not a community property state. Here, when you get divorced, the Colorado family court system follows equitable distribution laws.
This means your marital assets and property should be distributed fairly, not equally. This means the fair distribution of your marital debts and assets can be subjective. While marital fault will not be taken into account as part of the equitable distribution process, if you or your spouse caused significant financial strain to the marriage, this could be considered as you work with your attorney to divide your marital property and assets.
Marital Property or Separate Property?
Couples often find it difficult to navigate the equitable distribution process when they disagree about which assets, debts, and property are considered marital and separate. Any property brought into the marriage may be considered separate property, while property and assets acquired throughout the course of the marriage may be considered marital property. However, some exceptions may apply. Gifts, inheritances, or exchanged property meant for the sole purpose of one spouse should not be considered marital property.
Factors Impacting Division of the Marital Estate
Multiple factors could influence the division of your marital estate. Some of these factors include:
- Increases in the value of separate property during the marriage
- Decreases in value of separate property throughout the course of the marriage
- Each spouse’s contribution to the acquisition of marital assets and property, especially contributions of homemakers
- Spouses economic circumstances during the equitable distribution process
- The value of each spouse’s separate property and assets
- The depletion of separate property for the benefit of the marriage
Parenting Time, Child Custody, and Child Support in Colorado
Your Colorado divorce lawyer will also be by your side if you and your spouse share children and need to come to a child support and custody agreement. Colorado does not recognize the term “child custody.” Instead, parents will need to come to a “parenting time agreement” to determine what is commonly known as physical custody and “decision-making” to determine what is commonly referred to as legal custody. Allocating parental responsibilities after divorce can be extremely difficult for families, particularly if the marriage does not end amicably or domestic abuse or violence is present.
Our team will be prepared to help you prioritize your family’s needs and protect your children if you have concerns that they may be subjected to substance abuse, violence, physical abuse, or neglect. If unfounded allegations have been made against you, you can rely on your divorce attorney in Colorado at Griffiths Law to protect your parental rights and continue playing an active role in your child’s life and upbringing.
Our Colorado Divorce Attorneys Are Here for You
When your marriage dissolves, and you are ready to take the leap and file for divorce, you need a dedicated and savvy Colorado divorce attorney with Griffiths Law to advocate for your rights. If you were caught by surprise after being served divorce papers, you need a powerful legal advocate in your corner to help you avoid being taken advantage of by your soon-to-be ex-spouse.
Our firm proudly serves families dealing with divorce across Denver, Lone Tree, and surrounding communities. Take this opportunity to get an experienced family law attorney on your side. Complete our quick contact form or call us to schedule your confidential consultation as soon as today.
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