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FAQs About
Aurora
Family Law

Frequently Asked Questions About Family Law In Aurora, CO

What are the grounds for divorce in Aurora, CO?

Colorado is a no-fault divorce state. This means that you don’t have to explain why you are requesting a divorce. The Court may issue a decree of dissolution of marriage to Aurora residents after finding that the marriage is “irretrievably broken.” Generally, the Court will only require one party to testify that the marriage is irretrievably broken and they would like a divorce.

Who determines how assets and debts are divided in an Aurora divorce?

When it comes to determining how to divide assets and debts in an Aurora divorce it depends on how amicable the divorcing parties can be. If the divorcing parties are able to reach an agreement on how they would like to divide their assets and debts, they may submit a stipulated agreement outlining these divisions to the court for approval.

If the divorcing parties are unable to come to an agreement, unresolved issues about the division of assets and debts will be decided by a judge in an “equitable” manner, given the circumstances of the case. Colorado courts do not consider the causes of separation when dividing assets and debts.

Where do I file for divorce in Aurora, CO?

In Aurora, once you have completed your petition for dissolution of marriage you must file it with the County Clerk’s office. Aurora lies primarily in Arapahoe County. The County Clerk for Arapahoe County can be found at the Arapahoe County Court. The address of the Arapahoe County Court is: 1790 W Littleton Blvd, Littleton, Colorado 80120

How is child custody determined in Aurora, CO?

The process for determining child custody can be long and difficult, but the goal is to ensure the safety and wellbeing of the child. Thus, Colorado has in place a series of laws and procedures for determining child custody. As the general rule, a court will try to ensure that both parties share parenting time 50/50. That is the default position of the court, as courts prefer that both parents be as involved as possible for the benefit of the child. However, there are instances where that simply isn’t possible, and it is more beneficial for one parent to be the primary caretaker of the child. It can be possible to give one parent more parenting time and decision-making than the other, such as education, medical, or religious upbringing. Courts make these determinations based on several factors, but it all comes back to a principle known as the best interest of the child.

The cornerstone of Colorado child custody law is a standard known as the best interests of the child. In every case, Colorado courts will look to what is best for the child in determining custody and parenting time. This standard is enumerated in Colorado Revised Statute § 14-10-124. In determining parenting time, the court will give the highest consideration to the child’s safety and the physical, mental, and emotional needs of the child.

How is child support determined in Aurora, CO?

In Colorado, the courts prefer to defer to the parties in a family law case on anything that can be agreed upon. Courts prefer for you and your child’s other parent to work together and come to an agreement on custody and support you both find to be fair. Most of the time, a judge will sign off on an agreement between parents so long as it is in the best interest of the child. If necessary, you and your child’s other parent can attend mediation where an unbiased third party will help by hearing both sides to assist in finding what is best.

Child support is determined by Colorado statute. These guidelines take into consideration several factors that are entered into a formula designed to determine appropriate child support payments. These factors can include the following:

  • The best interest of the child;
  • The financial resources of the non-custodial parent (e.g. income, expenses, etc.);
  • The financial resources of the custodial parent;
  • The financial resources of the child;
  • The standard of living the child would have had if the home were intact; and
  • The physical and emotional condition/needs of the child including educational needs and medical expenses.

Do I need an attorney for my Aurora divorce?

There are several factors to consider when deciding whether or not to retain an attorney for your Aurora divorce case. If your case is a standard divorce, then you likely do not need an attorney. If the two parties are on the same page regarding the issues in the case, then you likely do not need an attorney. However, if there is major contention between the two parties, you cannot agree regarding significant issues such as parenting time, or there are complicating factors such as domestic abuse, substance abuse, child abuse, or income disparity, you will likely need to hire an attorney. If you are unsure, you can always schedule a free consultation with one of our experienced and compassionate Aurora family lawyers to discuss your case.

How much does an Aurora family lawyer cost?

Everyone wants to be careful with attorney fees, us included. Potential clients always ask our lawyers how much their case will cost. Unfortunately, we can’t provide much insight into their final bill, because there are too many factors at play. The most critical factor impacting the overall cost of a case is the degree of conflict. A client’s ability to control the degree of conflict in a family law dispute is sometimes limited. The amount of conflict is often unknown or underestimated.

 

Many other factors may also impact the cost of a case. Those include poor strategic planning and selecting an attorney based on factors not related to your goal. Since there are so many things impacting the cost of a case, it’s impossible for a good attorney to quote you an overall cost. We can, however, use our experience to provide you insight into how certain factors impact the average cost, as determined by the American Bar Association.

 

Click the following link to learn more about the cost of a family law attorney in Aurora. You may also be interested in our calculators to help you determine costs.

What happens if I don't sign the divorce papers?

In Colorado, our Courts only require one party to sign and file a divorce petition to begin the divorce process. Learn more about the initial pleadings in a Colorado divorce.

What can I do if the other parent is not following the parenting plan?

You can enforce parenting time by filing a motion with the court. The court will then help make up your parent time or require the other party to adhere to a new parenting time that would work best for the child, in some cases the parent denying child support may also be responsible for paying legal fees acquired for having to go to court to enforce an order. Learn more about parenting time in Colorado.

At what age do child support payments in Colorado end?

If your child support order was issued in Colorado, emancipation occurs and child support ends when the child reaches 19 years of age in most cases. However, if the child is still in high school or an equivalent program, support continues until the end of the month after graduation but not beyond the age of 21.

Have A Different Question?
Ask Our Aurora Family Lawyers!

Our experienced Aurora family law attorneys have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.


Meet Our Team Of Experienced
Aurora Family Lawyers

divorce lawyer

Nicholas Tootalian
Managing Attorney

Denver family lawyer

Brian Litzinger
Senior Attorney

Denver family lawyer

Cynthia Griffin
Senior Attorney

Denver family lawyer

Andrew Kemmer
Associate Attorney

Denver family law attorney

Sarah Wilkonson
Associate Attorney

Denver divorce lawyer Kiana Douglas

Kiana Douglas
Associate Attorney

Denver family law attorney Brandy Dijette-Pierce

Brandy Dijette-Pierce
Associate Attorney

Denver family lawyer Jeremy Monckton

Jeremy Monckton
Associate Attorney


See What Our Clients Are Saying About Our Family Lawyers in Aurora

David SandersDavid Sanders
21:37 21 Jun 22
Yes I want to thank all the staff at modern family law for all there hard work through this process I went through to win my case it was long but in long run I came out better with results then if I tried to do this on my own. I want to personally thank Chelsea Hillman And Patricia Wallace they went above and beyond to get me through all of this learning experience. I recommend them them personally and there staff to get you results. Thank you for your hard and dedication is this matter and I will be using you soon again into this matter as it's still a ongoing process.
Ceceilia ReedyCeceilia Reedy
17:04 14 Jun 22
Cynthia and her team are great! I hired Cynthia a week before my hearing and she made sure that she was prepared, up to date and knowledgeable about my case and handled everything in time for my hearing with very little time. Also she reached out with everything and responded quickly. She made sure that my concerns, my position and evidence were heard and having her at this hearing made all the difference for me. I’m happy I went with Modern Family Law and Cynthia, this has been mentally and emotionally draining for me to go through and as soon as Cynthia came abroad I was able to be relived of that and knew I was in good hands. My hearing went in my favor and I believe it’s because I had Cynthia. Now I can get back to my life and focus on other things and I’m just so grateful for Cynthia and her teams help.
Gina WarnerGina Warner
18:02 19 May 22
Brian Litzinger with Modern Family Law and I have been working together for about 4 years. He did an amazing job for me as I was going through a very difficult long custody battle for my Daughter. He helped keep me sane and is very kind and compassionate and understanding. He is the best attorney I have ever worked with and I highly recommend him. Oh, and I now have full custody of my Daughter.
Benji KelsoBenji Kelso
15:10 13 Apr 22
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Devin RoybalDevin Roybal
18:53 01 Dec 21
Cynthia was absolutely amazing. We’ve been working together over the past year. She treated me with respect and professionalism. She would always get back to me in a timely manner and really believed in me. I couldn’t be more thankful for the things she did for me and showed me.I would recommend her to anyone. 5 stars all around. Thank you!!!!
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