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Divorce Essentials and Your Rights
An Overview of What to Expect if Getting a Divorce in Colorado
Filing for divorce can be one of the most difficult times in a person’s life. The challenges their family will face during a divorce can be some of the most serious they will ever experience. Spouses often fear that they will lose their family, their children, their assets, and their retirement – everything they’ve ever worked for.
Divorce is a complicated subject, but we make sure that you understand all of your options. The court process for getting a divorce is daunting and convoluted by complex paperwork, confusing instructions, and high-conflict between the parties. Unrepresented parties are constantly being told, “We can’t give legal advice.”
What Are My Rights & What Happens Next?
Questions about your rights during a divorce are complicated. There’s no quick or easy answer about what rights one party has to particular property, parenting time, or decision-making. With regard to property, assets, and debts, Colorado is an equitable division state. This means a divorce court looks at the “fairness” of a distribution. In the case of parenting time, the courts will look at the best interests of the child.
Spouses often worry about what will happen next in life. “Will I be able to pay all of my bills? Where am I going to live? Can I move out of state?” All of these important questions have to be answered before you can feel comfortable signing a separation agreement, or entering into any other resolution in your divorce case. Leaving these questions to a judge can be risky. It’s always better to control your own fate.
Overview of the Divorce Process in Colorado
Having a divorce lawyer on your side can make a world of difference during this especially trying time. While people often file for divorce without lawyers, there’s no doubt the process is made easier with the help of a Denver family law attorney.
In the state of Colorado, a divorce case is initiated by the filing of a Petition for Dissolution. The Petition must be filed with the right court and served to the other party. The other party then has the opportunity to file a response to the Petition.
In the Petition for Dissolution of Marriage, the person who is filing for divorce will state what issues may be involved in their particular case, including:
Most divorce courts in family law cases will set the case for an initial status conference where your case is reviewed by a court professional with the intention of expediting its handling. If the parties are unable to agree to an interim arrangement for payments of debts, marital support, child support, parenting time, and decision-making, the court professional may set the case for a temporary orders hearing.
The court may also require the parties to mediate their divorce prior to setting the case for either a temporary or a permanent orders hearing. Colorado has a mandatory 90-day waiting period before a court has jurisdiction to enter a divorce decree. There is no expedited divorce available in the state of Colorado.
At the end of the mandatory waiting period, the court can review any settlement agreement that was made between the parties and enter that as an order. In other cases, the court may hold an evidentiary hearing on the issues in your divorce case and enter permanent orders based on its finding of fact and conclusions of law. Either way, the court will issue a divorce decree formally ending the marriage.
Contact Us Today to Get a Free Consultation
Every person involved in a divorce is worried about what happens next. The parties want to be able to move forward with their life and enjoy their children, the fruits of their labor and have a roof over their heads. It’s natural to have anxiety about what the future may bring. It’s important to know that there is life after divorce.
The team at Modern Family Law is ready to provide the guidance you need during this difficult time. Here’s what sets us apart from the competition:
- We have more than 100+ years of collective experience in family law
- We use advanced technology to bring down costs for our clients
- We have an A+ rating from the Better Business Bureau (BBB)
- We start each case with a free, no-obligation consultation
Whether a person uses this opportunity to move into the next stage of life and embrace the changes, or whether they engage in self-destructive behaviors, is completely within their control. At the end, if you choose to move forward, life will begin again. In the meantime, we’re here to help.
Please download our free Introduction to Divorce eBook.
Contact Modern Family Law today. We care about your case.