While you can navigate a divorce without an attorney, legal representation is recommended, especially if there are complex issues such as resolving the distribution of significant assets or determining spousal maintenance.
Colorado is a “no-fault” divorce state, which means that you do not need to prove marital misconduct to obtain a divorce. Rather, in order to obtain a divorce, the Court must find the marriage is irretrievably broken. This fairly low standard is rarely in dispute in a divorce case, since it generally only requires one spouse to testify the marriage is irretrievably broken without any additional evidence.
The divorce process typically begins with one spouse filing a Petition for Dissolution of Marriage. The other spouse then has an opportunity to respond. While the divorce is pending, the parties can seek temporary orders to address how bills are going to be paid and living arrangements. If the parties agree on all issues, then the matter can be resolved by submitting various paperwork reflecting the parties’ agreements. If there are matters in dispute, the case proceeds to final orders or a contested hearing in which the Judge will decide the result as opposed to the parties. Should your matter involve contested issues, you should strongly consider hiring legal counsel to advocate on your behalf at a final orders hearing for a divorce.
Prior to filing a petition, you may choose to seek a legal separation as opposed to a divorce in Colorado. A legal separation generally involves a situation in which spouses live separately but remain legally married. Based on experience, most parties elect a legal separation for health insurance purposes or other benefits that may not be available if the parties are divorced. While a legal separation is an option, if one spouse later decides he or she wants a divorce, then the legal separation can be converted to a divorce.
One of the main issues that often arises in a divorce proceeding is property division. Colorado generally follows the principle of equitable distribution of marital property, which means that marital property (assets and debts acquired during the marriage) should be divided fairly, but not necessarily equally. Further, some assets acquired during the marriage, such as a gift or inheritance, may not be part of the marital estate during a divorce. When the parties co-mingle assets acquired prior to the marriage or received by way of gift during the marriage, the potential exists that the property that would otherwise be separate property in a divorce can be deemed marital property.
Another issue one can expect to address in a divorce is spousal maintenance. Certain guidelines are utilized to determine spousal maintenance such as the length of the marriage and the incomes of the parties. An attorney can assist you with determining whether your circumstances may justify a spousal maintenance order.
In cases involving children, decisions about custody (now referred to as parental responsibilities) and visitation (parenting time) are made based on the best interests of the child. Child support is determined using specific guidelines that take into account the income of both parents, parenting time arrangements, and the needs of the children.
Each divorce case is unique, and it’s important to understand the specific laws and procedures that apply to your situation in Colorado. If you need legal assistance with a divorce, contact Jason Kane today about possible representation. Mr. Kane has been practicing law for over 20 years throughout the state of Colorado. For more information on the Colorado court system go to this hyperlink: Home | Colorado Judicial Branch.
Disclaimer: This post is for informational purposes only and represents opinions regarding the divorce process. This post should not be construed as legal advice or the forming of an attorney client relationship with the reader. If you need legal assistance, you should consult with legal counsel.