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DIVORCE IN DENVER

Helping You
Start Fresh
In Denver

DIVORCE IN DENVER

Helping You
Start Fresh
In Denver

Divorce In Denver

It’s never easy for individuals in Denver to think about divorce. Oftentimes, people are not sure if their marriage is worth saving or if it’s time to call it quits. If you’re at the point where you’re considering divorce, it can be difficult to know what steps to take next. However, hiring a lawyer who specializes in family law can help simplify the process and put your mind at ease.

 

At Modern Family Law, our experienced and compassionate Denver divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome.

 

When it comes to the dissolution of marriage in Denver, Colorado, you should try to educate yourself as much as possible prior to starting your proceedings. Denver laws vary from other parts of the country, so make sure you are well-versed on any potential differences. One of these biggest differences is that the state has no-fault law for divorce. This means that if you want to file for divorce in Colorado, you can do so without proving that your spouse did anything wrong. Please review some of the important practice areas involved in Denver divorce below.

What Practice Areas Fall Under
Divorce in Denver?

Separation in Denver

A legal separation is treated just as divorce is in Denver County. Everything gets taken into account, whether it be assets, debt, parenting time, or custody. The difference between a legal separation and a divorce is that although the parties will be legally separated, they are still legally married. In most cases, when people prefer a legal separation rather than a divorce it’s due to religious beliefs, cultural beliefs, or for the sake of keeping spousal insurance that they would otherwise lose in a divorce.

 

Legal separation and divorce are basically the same procedure, the only difference would be your title. In a divorce you are dissolved in marriage, you break all ties with the other party and never have to speak to them if you don’t want to. In a legal separation, you still divide assets, properties, and/or debts, you still agree on a parenting plan, and you still hold the title of being legally married. If you change your mind and decide you do want a divorce you can still file for a divorce after being legally separated.

No-Fault Divorce in Denver

A no-fault divorce means that neither you nor the other party must give reasons for why you are getting a divorce. The state of Colorado is a no-fault divorce state, which means you don’t need any “grounds to divorce”, as long as your marriage with the other party is irretrievably broken then you can file for divorce.

 

Well, what exactly does this mean? Is this a good thing or a bad thing for parties considering a divorce in Denver? In a no-fault state like Colorado, the court does not take into consideration any misconduct for reasons of divorce such as adultery, desertion, insanity, amongst others. The court will want to know if the marriage is irretrievably broken, if both consent then that is enough to get a divorce. However, the court will weigh in those factors during the dissolution of marriage when making determinations related to the best interest of the children.

 

Being a no-fault state can be noticed as a good thing because it allows for a quicker and less expensive divorce process considering there will be less conflict from parties trying to prove who was at fault for ruining the marriage and causing a divorce. The term “uncontested divorce” is a common term used when both parties already have an agreement on a parenting plan and the division of assets and only need to file for a divorce decree.

Property Division in a Denver Divorce

Going through a divorce is stressful on its own, it’s increasingly stressful when you have to think about dividing your property. There are two types of properties that will be addressed in the process of divorce: Marital property and separate property.

 

Marital property is any property acquired during the marriage. This includes a home, automobile, checking accounts, saving accounts, 401k, furniture, etc. Separate property is property or assets you had before the marriage, again such as a house, cars, furniture, pets, etc. Each family matter is entirely different. To get a better understanding of what your case might look like it’s always best to seek legal advice from an attorney who specializes in family matters.

Debt Division in Denver

The process for debt division works the same as property division. Any debt acquired by the parties during the marriage is considered marital debt which means it will be divided amongst the parties as equally as possible considering the circumstances of both parties.

 

Many people tend to believe that property division and debt division are made 50/50 between both parties but that is simply not true. Although it may not always seem like a fair division, the court aims to provide both parties with an equitable division according to their financial standings. Some parties may agree to sell their assets and split the proceeds 50/50, some decide to buy one party out to stay in their home or keep a vehicle, but it’s not always that simple. It’s common to see conflict and back and forth disputes regarding property and debt division.

Annulment in Denver

An annulment is to cancel or void a marriage as if it never existed. In Denver, annulments are handled a little differently than in other states. When filing with the court you don’t file an “annulment of marriage” but rather a “Declaration of Invalidity of Marriage”; therefore, you must be able to prove that your marriage was invalid. If you are married and no longer want to be married, you must go through the process of divorce. If you meet the requirements that prove your marriage was not valid then you do not go through the divorce process because the marriage will need to be voided. There are certain requirements and time frames you must meet before filing in court. If you got married in Colorado you can file at any time, but if you got married outside of Colorado you or your spouse will need to live in Colorado for 30 days before filing.

 

Here are a few reasons to ask the court for an annulment:

 

  • The person you married was still married to someone else
  • Fraudulence (Green card marriage, terminal illness, assets)
  • Underage spouse
  • Blood relationship
  • Inability to consent to marriage

Military Divorce in Denver

A military divorce is filed the same as a civilian divorce at Denver county court. Although the procedures for a military divorce are the same as a civilian divorce, a military divorce should not be treated the same because it’s not. There are additional considerations to take into account when filing a military divorce. For example, a party may not only have property division to consider but also any pensions or benefits such as health care or 401k that were gained as a military member. Military members also have a Servicemember Civil Relief Act. This helps protect the rights of the member while on active duty. The Civil Relief Act may allow any civil court hearings to be extended if the military member isn’t able to attend, it also protects the military member from judgments or contempt of court if they fail to respond or attend a hearing due to their active duty status.

 

Going through a divorce is tough, especially with all of the stresses of military life. Fortunately for military members and their spouses, free legal advice and assistance are available via each installation’s legal assistance office. These offices are there to help, but can only provide legal guidance for one spouse or the other. They can not help both, due to a conflict of interest.

 

JAG officers are also available as a resource for military members and their spouses considering divorce. They can help spell out the legal implications of your divorce case. However, they cannot represent you as an attorney in a family law court. They can, however, refer you to a civilian family law attorney, such as Modern Family Law.

 

Our Colorado family law attorneys at Modern Family Law are knowledgeable in military divorces. We are ready to help.  Don’t hesitate to contact us today for a free consultation to discuss your case with one of our divorce attorneys in Denver.

Decree Modification in Denver

After a divorce process, the court issues a final decree. A decree is a final order that states the divorce is official and it includes the orders pertaining to property and debt division, child support/spousal support, and parenting time. Once the court puts these orders in place they are permanent. However, a decree can be modified after a period of time if circumstances have substantially changed since the order was finalized. This is called a Post Decree Modification, also known as a decree modification.

 

The two most common circumstances that allow for a decree modification are changes in income due to a new job or losing a job and changes in daily life such as moving with children into a new neighborhood or new school. Contempt of court is another reason to file for a decree modification if one of the parents is not following the order, the other parent can file a contempt to modify the order in the best interest of the child.

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Divorce In Denver

At Modern Family Law, our experienced and compassionate Denver divorce attorneys go to great lengths to help our clients understand and navigate the divorce process. A better understanding leads to smarter choices.  We guide client expectations and create a partnership between client and lawyer for the best outcome. When it comes to the dissolution of marriage in Denver, Colorado, you should try to educate yourself as much as possible prior to starting your proceedings. Please review some of the important practice areas involved in Denver divorce below.

What Practice Areas Fall Under
Divorce in Denver?

A legal separation is treated just as divorce is in Denver County. Everything gets taken into account, whether it be assets, debt, parenting time, or custody. The difference between a legal separation and a divorce is that although the parties will be legally separated, they are still legally married. In most cases, when people prefer a legal separation rather than a divorce it’s due to religious beliefs, cultural beliefs, or for the sake of keeping spousal insurance that they would otherwise lose in a divorce.

 

Legal separation and divorce are basically the same procedure, the only difference would be your title. In a divorce you are dissolved in marriage, you break all ties with the other party and never have to speak to them if you don’t want to. In a legal separation, you still divide assets, properties, and/or debts, you still agree on a parenting plan, and you still hold the title of being legally married. If you change your mind and decide you do want a divorce you can still file for a divorce after being legally separated.

A no-fault divorce means that neither you nor the other party must give reasons for why you are getting a divorce. The state of Colorado is a no-fault divorce state, which means you don’t need any “grounds to divorce”, as long as your marriage with the other party is irretrievably broken then you can file for divorce.

 

Well, what exactly does this mean? Is this a good thing or a bad thing for parties considering a divorce in Denver? In a no-fault state like Colorado, the court does not take into consideration any misconduct for reasons of divorce such as adultery, desertion, insanity, amongst others. The court will want to know if the marriage is irretrievably broken, if both consent then that is enough to get a divorce. However, the court will weigh in those factors during the dissolution of marriage when making determinations related to the best interest of the children.

 

Being a no-fault state can be noticed as a good thing because it allows for a quicker and less expensive divorce process considering there will be less conflict from parties trying to prove who was at fault for ruining the marriage and causing a divorce. The term “uncontested divorce” is a common term used when both parties already have an agreement on a parenting plan and the division of assets and only need to file for a divorce decree.

Going through a divorce is stressful on its own, it’s increasingly stressful when you have to think about dividing your property. There are two types of properties that will be addressed in the process of divorce: Marital property and separate property.

 

Marital property is any property acquired during the marriage. This includes a home, automobile, checking accounts, saving accounts, 401k, furniture, etc. Separate property is property or assets you had before the marriage, again such as a house, cars, furniture, pets, etc. Each family matter is entirely different. To get a better understanding of what your case might look like it’s always best to seek legal advice from an attorney who specializes in family matters.

The process for debt division works the same as property division. Any debt acquired by the parties during the marriage is considered marital debt which means it will be divided amongst the parties as equally as possible considering the circumstances of both parties.

 

Many people tend to believe that property division and debt division are made 50/50 between both parties but that is simply not true. Although it may not always seem like a fair division, the court aims to provide both parties with an equitable division according to their financial standings. Some parties may agree to sell their assets and split the proceeds 50/50, some decide to buy one party out to stay in their home or keep a vehicle, but it’s not always that simple. It’s common to see conflict and back and forth disputes regarding property and debt division.

An annulment is to cancel or void a marriage as if it never existed. In Denver, annulments are handled a little differently than in other states. When filing with the court you don’t file an “annulment of marriage” but rather a “Declaration of Invalidity of Marriage”; therefore, you must be able to prove that your marriage was invalid. If you are married and no longer want to be married, you must go through the process of divorce. If you meet the requirements that prove your marriage was not valid then you do not go through the divorce process because the marriage will need to be voided. There are certain requirements and time frames you must meet before filing in court. If you got married in Colorado you can file at any time, but if you got married outside of Colorado you or your spouse will need to live in Colorado for 30 days before filing.

 

Here are a few reasons to ask the court for an annulment:

 

  • The person you married was still married to someone else
  • Fraudulence (Green card marriage, terminal illness, assets)
  • Underage spouse
  • Blood relationship
  • Inability to consent to marriage

A military divorce is filed the same as a civilian divorce at Denver county court. Although the procedures for a military divorce are the same as a civilian divorce, a military divorce should not be treated the same because it’s not. There are additional considerations to take into account when filing a military divorce. For example, a party may not only have property division to consider but also any pensions or benefits such as health care or 401k that were gained as a military member. Military members also have a Servicemember Civil Relief Act. This helps protect the rights of the member while on active duty. The Civil Relief Act may allow any civil court hearings to be extended if the military member isn’t able to attend, it also protects the military member from judgments or contempt of court if they fail to respond or attend a hearing due to their active duty status.

 

Going through a divorce is tough, especially with all of the stresses of military life. Fortunately for military members and their spouses, free legal advice and assistance are available via each installation’s legal assistance office. These offices are there to help, but can only provide legal guidance for one spouse or the other. They can not help both, due to a conflict of interest.

 

JAG officers are also available as a resource for military members and their spouses considering divorce. They can help spell out the legal implications of your divorce case. However, they cannot represent you as an attorney in a family law court. They can, however, refer you to a civilian family law attorney, such as Modern Family Law.

 

Our Colorado family law attorneys at Modern Family Law are knowledgeable in military divorces. We are ready to help.  Don’t hesitate to contact us today for a free consultation to discuss your case with one of our divorce attorneys in Denver.

After a divorce process, the court issues a final decree. A decree is a final order that states the divorce is official and it includes the orders pertaining to property and debt division, child support/spousal support, and parenting time. Once the court puts these orders in place they are permanent. However, a decree can be modified after a period of time if circumstances have substantially changed since the order was finalized. This is called a Post Decree Modification, also known as a decree modification.

 

The two most common circumstances that allow for a decree modification are changes in income due to a new job or losing a job and changes in daily life such as moving with children into a new neighborhood or new school. Contempt of court is another reason to file for a decree modification if one of the parents is not following the order, the other parent can file a contempt to modify the order in the best interest of the child.

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Our Attorneys Are
Ready To Listen

Our experienced divorce attorneys in Denver have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.

Understanding The Divorce Process In Denver

Let us help you understand the process for divorce in Denver. When you file a divorce petition with the Denver County court it will take at least 90 days to finalize the divorce. The court will usually order the parties to mediation. Mediation is a process that allows both parties to try to come to an agreement before their hearing. A mediator is a non-bias party who helps both parties understand and discuss the issues that are being disputed.

 

If you can not come to an agreement with the other party the court will have to step in and determine the ultimate decision. The court will always take the child’s best interest in mind and make the ruling from there. It’s also important to understand that although there is a final order, you can file a modification under serious changes or emergency circumstances to modify the decree or final order to fit the changes that were made. The typical steps for filing for divorce in Denver are outlined below.

Step 1

File a Petition for Dissolution of Marriage.

Step 2

Serve the divorce papers to your spouse through a process server.

Step 3

The court will schedule your Initial Status Conference.

Step 4

Complete additional forms per the court’s request.

Keep in mind that all cases are very different. Although the process to file for a divorce is the same in Denver County, each case is handled differently and requires the parties to file additional documents. Deadlines to file certain forms are also very important to consider and can lead to contempt of court if they are not filed in time. Having an attorney to manage each deadline and help you prepare all documents needed beforehand is very helpful and can help you relieve a lot of unnecessary stress.

Understanding The Divorce
Process In Denver

Let us help you understand the process for divorce in Denver. When you file a divorce petition with the Denver County court it will take at least 90 days to finalize the divorce. The court will usually order the parties to mediation. Mediation is a process that allows both parties to try to come to an agreement before their hearing. A mediator is a non-bias party who helps both parties understand and discuss the issues that are being disputed.

 

If you can not come to an agreement with the other party the court will have to step in and determine the ultimate decision. The court will always take the child’s best interest in mind and make the ruling from there. It’s also important to understand that although there is a final order, you can file a modification under serious changes or emergency circumstances to modify the decree or final order to fit the changes that were made. The typical steps for filing for divorce in Denver are outlined below.

Step 1

File a Petition for Dissolution of Marriage.

Step 2

Serve the divorce papers to your spouse through a process server.

Step 3

The court will schedule your Initial Status Conference.

Step 4

Complete additional forms per the court’s request.

Keep in mind that all cases are very different. Although the process to file for a divorce is the same in Denver County, each case is handled differently and requires the parties to file additional documents. Deadlines to file certain forms are also very important to consider and can lead to contempt of court if they are not filed in time. Having an attorney to manage each deadline and help you prepare all documents needed beforehand is very helpful and can help you relieve a lot of unnecessary stress.

Frequently Asked Questions About Divorce in Denver

Do I need an attorney to get a divorce in Denver?

There are several factors to consider when deciding whether or not to retain an attorney for your Denver 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.

 

Learn more about the decision of whether or not to hire an attorney for your Colorado divorce.

Who determines how assets are divided in a Colorado Divorce?

The shortest answer regarding “who” actually divides property is this: the Court tries to let you and your spouse work out an arrangement that is equitable to both parties. In Colorado, Courts require mediation before anyone sets foot in a courthouse for their “Final” or “Permanent” Orders Hearing. This is because the Courts understand that out of everyone in the world, you and your spouse know your means, abilities, and desires the best. It is easy to think any property division should simply just go down the middle at a 50/50% split. But equitable does not always mean fair. The Courts have every right to determine a settlement is not equitable to both parties and ask that the parties attempt to do it over again with some instruction from the Court. That’s why it’s important to be represented by an attorney. We can determine the best equitable outcomes for you as well as discuss other options based on goals and desires. If an agreement cannot be reached, the Court will step in to allocate property.

 

Learn more about the division of assets in a Denver divorce.

What happens if I do not sign the divorce papers in Denver?

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 Denver divorce.

Where do I file my divorce paperwork in Denver?

Divorce paperwork can be filed with the Denver County Clerk’s Office found at 1437 Bannock Street in Room 256.

 

Frequently Asked Questions About
Divorce in Denver

Do I need an attorney to get a divorce in Denver?

There are several factors to consider when deciding whether or not to retain an attorney for your Denver 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.

 

Learn more about the decision of whether or not to hire an attorney for your Colorado divorce.

Who determines how assets are divided in a Colorado Divorce?

The shortest answer regarding “who” actually divides property is this: the Court tries to let you and your spouse work out an arrangement that is equitable to both parties. In Colorado, Courts require mediation before anyone sets foot in a courthouse for their “Final” or “Permanent” Orders Hearing. This is because the Courts understand that out of everyone in the world, you and your spouse know your means, abilities, and desires the best. It is easy to think any property division should simply just go down the middle at a 50/50% split. But equitable does not always mean fair. The Courts have every right to determine a settlement is not equitable to both parties and ask that the parties attempt to do it over again with some instruction from the Court. That’s why it’s important to be represented by an attorney. We can determine the best equitable outcomes for you as well as discuss other options based on goals and desires. If an agreement cannot be reached, the Court will step in to allocate property.

 

Learn more about the division of assets in a Denver divorce.

What happens if I do not sign the divorce papers in Denver?

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 Denver divorce.

Where do I file my divorce paperwork in Denver?

Divorce paperwork can be filed with the Denver County Clerk’s Office found at 1437 Bannock Street in Room 256.

 

Our Compassionate Approach to
Divorce Cases in Denver

At Modern Family Law we understand that going through a divorce can be very complex and scary. We work hard to help our clients feel safe and listened to. Our attorneys would love to inform all potential clients of the process of divorce to help ease the mind, which is why we offer a free one-hour consultation with an attorney. This allows you to get to know the attorney, ask questions, and know what to anticipate.

 

We understand that the dissolution of a marriage can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks. Contact us to learn about our other payment options and how our divorce attorneys in Denver can help you.

 

Our goal when working on a divorce case is to remove as much conflict as possible to help you get through your situation in a more effective and efficient manner. This approach decreases everyday stress and the need to make rash decisions during the process. We want to react with logic not emotion when getting you to the next stage of your life. 

Our Denver Office Location

Additional Divorce Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Our Compassionate Approach to
Divorce in Denver

At Modern Family Law we understand that going through a divorce can be very complex and scary. We work hard to help our clients feel safe and listened to. Our attorneys would love to inform all potential clients of the process of divorce to help ease the mind, which is why we offer a free one-hour consultation with an attorney. This allows you to get to know the attorney, ask questions, and know what to anticipate.

 

We understand that the dissolution of a marriage can be expensive and fueled by emotion. We are proud to offer a number of ways to help pay for our service. One is our innovative SimpleStart™ Program. Qualify to reduce the initial cost needed upfront and simply pay the client’s bill every two weeks. Contact us to learn about our other payment options and how our divorce attorneys in Denver can help you.

 

Our goal when working on a divorce case is to remove as much conflict as possible to help you get through your situation in a more effective and efficient manner. This approach decreases everyday stress and the need to make rash decisions during the process. We want to react with logic not emotion when getting you to the next stage of your life. 

Our Denver
Office Location

Additional Divorce
Practice Areas

Divorce has many aspects and not every case is the same. Explore some of the other areas involved in a divorce. While you don’t need to understand every nuance of divorce, the more you do understand the easier the process will be.

Meet Our Team Of Experienced
Denver Divorce Attorneys

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Nicholas Tootalian
Managing Attorney
Denver, CO

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Brian Litzinger
Senior Attorney
Denver, CO

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Cynthia Griffin
Senior Attorney
Denver, CO

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Andrew Kemmer
Associate Attorney
Denver, CO

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Sarah Wilkonson
Associate Attorney
Denver, CO

Denver family law attorney Brandy Dijette-Pierce

Brandy Dijette-Pierce
Associate Attorney
Denver, CO

Denver divorce lawyer Kiana Douglas

Kiana Douglas
Associate Attorney
Denver, CO

See What Our Customers Are Saying About Our Divorce Attorney’s In Denver

Benji Kelso
Benji Kelso
April 13, 2022.
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!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

Our Calculators

We’re not fans of surprises and we suspect you aren’t either. We built these calculators just for you, so you know what to expect every step of the way.

Additional Resources About
Denver Divorce

6 Questions to Ask Before You Get Divorced

Questions to Ask Before You Get Divorced

If you’re considering a divorce, take a step back and think about the major factors involved before finalizing your decision. Here are 6 questions to ask yourself prior to pursuing a divorce.

Family attorneys for asset division in Colorado divorce

Who Determines How Assets Are Divided In A Colorado Divorce?

Dividing assets during a divorce can be a stressful and emotional time. We’re here to help explain what may happen to the various assets.

Denver divorce lawyers

I Am Getting Divorced in Denver, CO. Do I Need an Attorney?

Determining when you need to hire an attorney in a Colorado divorce can be a useful first step in figuring out how to proceed with your case.


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