If you’ve decided to file for a Colorado divorce, you’ve likely contemplated all of your options and come to the difficult decision that it’s time to part ways and begin a new life chapter. Likewise, if you’ve been served with divorce papers, it’s time to take action. Call the Tinmath divorce attorneys at The Law Office of Stephen Vertucci, LLC so we can begin protecting your rights and the best interests of your family throughout your divorce.
Divorce is never easy, but hiring the right Timnath divorce lawyer facilitates a smoother process with meticulous attention to filing dates and timelines. We have years of experience navigating the state’s divorce laws for child custody, asset division, and spousal support. Your divorce attorney from The Law Firm of Stephen Vertucci:
No one can erase the distress of divorce, but hiring an experienced attorney helps you to focus on moving forward while your divorce lawyer in Timnath focuses on the legalities necessary to start your new page on the right path.
To qualify for a Colorado divorce, the court must establish jurisdiction. This requires at least one spouse to have lived in Colorado for 91 days or more before filing for divorce.
A few states still require legal grounds for divorce or allow the option for spouses to divorce on grounds such as adultery or abandonment. Colorado is a no-fault divorce state. A judge does not consider either spouse’s misconduct. Spouses may only file on the grounds that the marriage is irretrievably broken.
After the filing date, Colorado requires a 90-day waiting period before a judge can finalize the divorce. During this period, the court requires both spouses to submit full financial disclosures.
Colorado courts make all decisions in the best interests of children. This standard is especially important in child custody and parenting time schedules. The courts begin child custody cases with the presumption that continued close contact with both parents is what is in a child’s best interests. This is a rebuttable presumption—meaning a parent may present their argument showing why continued close contact with the other parent is not in their child’s best interest. Colorado uses the income shares model for child support. This model considers the total incomes of both parents and the number of child custody days each parent has to determine which parent pays child support to the other and the amount of the support.
In Colorado, the courts do not compel divorcing spouses to divide their assets by exactly 50/50. Instead, Colorado is an “equitable division of assets state” requiring spouses to divide their marital assets and debts in a way that’s fair if not exactly 50/50. The best way to accomplish this is through mediation, compromise, and open communication between spouses, their attorneys, and a mediator to form a settlement agreement. However, often disputes arise that take the matter to court for a judge to decide.
Unlike child support, spousal support—alimony—is not an automatic obligation in Colorado divorces. Instead, a judge considers the individual circumstances of each case before deciding if a request for spousal support is appropriate. A judge is more likely to award spousal support if there is a significant disparity in the spouse’s income and one spouse will experience a dramatic change in lifestyle after the divorce even after they depart with their share of the assets. Also, in cases when one spouse puts their career or educational goals aside to raise children or to support their spouse’s education and career advancement, a judge may order spousal support.
The results of your divorce orders pave the way forward for your family’s future. It’s essential to get the best possible outcome of a settlement agreement or judge’s decision. Call the Tinmath divorce attorneys at The Law Firm of Stephen Vertucci, LLC today so we can begin protecting your interests.