The dissolution of a marriage is a significant moment that impacts your future in many ways. The process itself may be challenging and emotional, and the financial implications can upend your life as you begin to separate your life from that of your spouse. It is important to hire an experienced divorce lawyer in The Pinery to ensure a smooth transition and help you find stability in your next chapter.
With the help of a Colorado family law lawyer from Griffiths Law, you can secure a more favorable outcome in your divorce. Our team ensures that you have an advocate so you are treated fairly and do not walk away with less than you are entitled to receive. No matter what you are going through, we are on your side and can help you finalize your divorce in a timely manner.
Filing for Divorce in The Pinery, CO
Divorce can be a complicated and confusing process filled with many legal requirements. Before you ever file for divorce, it is important to hire divorce lawyers in The Pinery to discuss your options and how to protect yourself before, during, and after your divorce. They will also walk you through what to expect when filing for divorce, so you will feel more comfortable and prepared as you proceed.
Colorado requires that you live in the state for a minimum of 91 days before filing, or 182 days if you have children. Once you are ready to file, you will need to submit your petition to the court and serve your spouse with divorce papers, unless you are filing jointly. Your spouse will have a chance to respond, and then there will be a mandatory 91-day waiting period. An injunction is also issued stating that no legal or financial changes can be made to assets or debts, and neither spouse can disrupt the other.
During this waiting period, you and your spouse can work together to determine the terms of your divorce. If you are able to reach an agreement within this time frame, your divorce could be finalized at the end of the 91 days. If you cannot reach an agreement, your divorce may take much longer to resolve.
Marital Assets Must Be Divided Fairly During a Divorce
Divorcing couples must divide all marital assets and debts that they accumulated over the course of their marriage. While these items are not split down the middle, Colorado does aim to ensure that all is divided fairly. Because this distinction can be confusing when determining what you will each walk away with, it means that both of your needs and circumstances will be considered during asset division.
For example, if you both own a house together, this is not an asset that you can each receive half of unless you sell it. However, if one spouse has primary custody of children or is in a weaker financial situation than the other spouse, the spouse with the kids or lesser income may keep the house, and the other spouse will receive other assets that are of a similar value.
Dividing up assets can be a complex and lengthy process. Aside from disagreements, other challenges can arise. If one spouse is discovered hiding assets, additional steps must be taken to account for these items so both spouses receive their fair share. High-net-worth and high-asset divorces are also considerably more complicated, as there are more valuable and extensive assets involved. These generally span liquid and non-liquid sources.
How Divorce Could Affect Your Company or Business
Additionally, a divorce impacts business ownership when it was acquired during the marriage. When a business qualifies as marital property, the business can be sold, shuttered, bought out, or be subject to a forced sale by the court.
Each of these items can have major repercussions on your finances. It is critical to consult a divorce attorney in The Pinery, CO about your best options. With sound counsel from a lawyer and a financial professional, you can avoid major impacts to your business during complicated divorce proceedings.
Separate Property is Exempt from Division
While it may seem everything you own is subject to division during a divorce, there are some exceptions known as separate property. Separate property is anything that you owned before you were married. It can also include inheritance or bequests that were given solely in your name, even if you were married at the time you received them. These assets are exempt from asset division and remain with you during and after the divorce.
Individuals May Petition the Court for Spousal Maintenance
Divorces can be difficult on both spouses, especially financially. Sometimes one spouse might be left with considerably less, may not have enough income to support themselves, or may be accustomed to a certain lifestyle. In these situations, a spouse can petition the court for spousal support, also known as alimony.
The court is not obligated to grant these petitions, but it will review each spouse’s circumstances before issuing a decision. The following spousal maintenance factors are considered:
- The duration of the marriage
- How each spouse contributed to the marriage
- The age and health of each spouse
- Income and financial resources of both spouses
- Employment status and ability to secure gainful employment
- Whether or not one spouse makes considerably more than the other
- How the division of assets impacts each spouse
- Lifestyle during the marriage
- How much, if any, temporary spousal maintenance was paid
Spousal maintenance may be granted on a temporary or permanent basis. The court will determine the terms and amounts of any spousal maintenance granted. Certain stipulations may also be attached to spousal maintenance, such as using it to bridge the gap while the receiving spouse increases their employability.
Custody Arrangements and Parenting Plans that Work for Your Family
For divorces involving children, parents must work together to create a parenting plan for how they will handle living arrangements and visitation, decisions, vacations, healthcare, and more after the divorce is finalized. This process can cause contention between parents who have different ideas of what various aspects of co-parenting should look like. However, the court primarily looks at what is in the best interest of the child when reviewing a drafted parenting plan.
There are different types of parenting plans, and finding the right one depends on the family structure, age of the child, and the child’s needs. Parenting time may be divided equally or unequally. Sometimes non-traditional schedules are needed depending on the type of employment one of the parents has.
Determining Child Support in a Colorado Divorce
Child support must also be determined during a divorce, as both parents must share the financial responsibilities associated with raising a child. If a parent fails to make payments per a child support order, legal action can be taken against them. To calculate child support, each parent’s income and filing status are evaluated to determine how much each parent makes, any applicable child deductions, and other factors that can impact how much support the non-custodial parent is required to pay.
Child support orders may only be changed with court approval. If the non-custodial parent has a considerable decrease in income due to a job loss or reduced pay, or has a significant increase in income, then parents may petition the court to adjust child support payments accordingly. Only once the court has reviewed and approved these modifications can the change go into effect. Modifying an order without court involvement is seen as a violation of child support.
Legal Separation Is an Option if You are Unsure About Filing for Divorce
It is important to be aware that divorce is not your only option when you are considering ending your marriage in The Pinery. Legal separation can be a viable option if you want to avoid the finality of divorce. Separation is ideal for couples who may not be 100% sure they want to get a divorce, couples who want to try living apart before filing for divorce, couples who may think there is a chance for reconciliation, and for couples whose religious beliefs may deter them from a divorce.
To legally separate from your spouse, you must follow the same process as you would for a divorce. You will need to complete and submit your petition to the court and go through the process of dividing assets and deciding on custody and child support terms if you have children. Once the court has issued your separation, you and your spouse can live separate lives but retain the legal and financial benefits of a married couple.
A separation can be converted into a divorce at a later date if you so choose. Our divorce attorneys serving The Pinery can help you make the best decision based on your life and your needs.
Available Options for Resolving Conflict in a Colorado Divorce
Every couple is different, which makes every divorce different. How couples approach their divorce and conflict resolution can vary widely. Couples may be willing to work together or feel nothing but animosity toward each other.
To accommodate different needs and situations, there are a few options available to couples to help them reach an agreement and finalize their divorce. Each option has its own structure and pros and cons. Key dispute resolution methods include:
- Collaborative Divorce: This option is voluntary and allows you and your spouse to work together to divide your assets and make decisions regarding your children. This process requires a commitment to reaching an agreement and preserving the health of the relationship. The benefit of this method is that you can finalize your divorce in less time and with less expense while keeping it private and retaining maximum control over the outcome.
- Divorce Mediation: This voluntary option is for couples who need help communicating with each other. A mediator acts as a neutral third party who listens to both parties, asks questions, facilitates conversation, helps spouses see each other’s point of view, and reaches an agreement. A mediator cannot make a decision for you, so it is important to prepare for mediation to get the most out of it. This process is less expensive, shorter, confidential, and gives you more control.
- Divorce Arbitration: This option is a cross between mediation and litigation. Both parties come together and discuss their issues and seek to reach a resolution with the aid of an objective third party. However, each party can make its own case, and an arbitrator has the ability to make a decision on an issue, which may be binding or non-binding depending on the method chosen. This process retains the benefits mentioned above, but allows for a little less control over the outcome.
- Divorce Litigation: This option is generally viewed as a last resort when all other options fail to yield a consensus on the terms of the divorce. It may also be suggested if it is clear early on that there is high contention or that both parties may be unwilling to compromise. During this process, both parties will make their case before a judge, who will hear their case and make decisions on their behalf. This process is long, public, expensive, and leaves you with considerably less control.
Which Option Is Right for My Divorce?
It is important to talk with our divorce lawyers serving The Pinery about your goals, desired outcome, and how you want to approach the end of your marriage. Our attorneys will listen and provide counsel on what option may be most effective for you and your spouse.
However, it is important to be aware that challenges or conflicts can arise that may require you to pivot in how you approach resolving your divorce. Your lawyer will help you navigate the process, protect your interests, and advocate for you regardless of how your divorce is resolved.
Contact Our Divorce Lawyers Serving The Pinery, CO
Griffiths Law provides compassionate and assertive representation to help you navigate your divorce. Our team is there to ensure that your assets and parental rights are protected throughout the divorce so you can reach a satisfactory and fair agreement with your spouse. To schedule a free consultation, contact our divorce attorneys near The Pinery today to set up a time to discuss your situation.