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DENVER DIVORCE LAWYERS

Helping You
Start Fresh
In Denver

DENVER DIVORCE LAWYERS

Helping You
Start Fresh
In Denver

Denver Divorce Lawyers

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 divorce 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?

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.

Collaborative Divorce in Denver

Collaborative divorce in Colorado allows couples to work together to reach a mutually beneficial agreement with the help of collaboratively trained attorneys. They disclose all relevant information and prioritize issues that need to be addressed. Other professionals may also be involved in making informed decisions about issues like property division, spousal support, and parenting arrangements. Once an agreement is reached, the attorneys will prepare the necessary legal documents and submit them to the court for approval.

Schedule Your Free Consultation!

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Denver Divorce Lawyers

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 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.

Collaborative divorce in Colorado allows couples to work together to reach a mutually beneficial agreement with the help of collaboratively trained attorneys. They disclose all relevant information and prioritize issues that need to be addressed. Other professionals may also be involved in making informed decisions about issues like property division, spousal support, and parenting arrangements. Once an agreement is reached, the attorneys will prepare the necessary legal documents and submit them to the court for approval.

Schedule Your Free Consultation!

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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 their minds, which is why we offer a free 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 their minds, which is why we offer a free 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

divorce lawyer

Nicholas Tootalian
Managing Partner
Denver, CO

Denver family lawyer

Brian Litzinger
Senior Attorney
Denver, CO

Denver family lawyer

Cynthia Griffin
Senior Attorney
Denver, CO

Denver family lawyer

Andrew Kemmer
Associate Attorney
Denver, CO

Denver family law attorney

Sarah Wilkonson
Associate Attorney
Denver, CO

Denver Family Lawyer Sarah Colburn

Sarah Colburn
Associate Attorney
Denver, CO

Denver Family Lawyer Liz Milewski

Liz Milewski
Associate Attorney
Denver, CO

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

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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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.

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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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