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Divorce Attorney in Louisville, Colorado

A divorce is one of the most emotionally challenging things that a family can experience. It can be an overly complicated and stressful situation that could become even more strenuous if not managed properly. The Datz Law Firm has nearly two decades of experience in the courtroom and possesses the expertise and knowledge required to handle your family matters.

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Types of Divorces in Colorado

There are a number of reasons why a couple will decide to get divorced. Colorado is a “no-fault” state for divorce, meaning that the court does not require any evidence that proves fault, such as infidelity or abandonment. In Colorado, some of the most common reasons for divorce are:

A Loss of Communication:

A breakdown or loss in communication between a couple is one of the most commonly cited reasons for divorce. A lack of communication often leads to misunderstandings and emotional distancing.

Financial Problems:

Financial strain often puts a great deal of stress on a relationship. Disagreements about money, debts, and spending habits also contribute to tension in a relationship.

Infidelity:

Adultery is one of the most certain ways to end a marriage. Cheating in a relationship is typically too severe of a betrayal for couples to overcome.

Arguments:

When couples spend too much time arguing, it often leads to divorce. Persistent arguments that go unresolved will only continue to build tension and strife.

Substance Abuse:

Issues with addiction, whether it be drugs or alcohol, often create challenges in a marriage. It can be difficult for a partner to show continued support and stay in a relationship with someone who is dealing with addiction. The distress and problems that addiction causes are sometimes impossible to overcome.

Domestic Abuse:

Physical and emotional abuse is also an unfortunately common cause of divorce. The threat of physical or emotional harm to a partner or child is cause for concern.

There is no mandatory separation period required before a couple may file for divorce. However, once a petition has been filed with the court, there is a 91-day waiting period that must be met before finalizing the divorce.

Different Types of Divorce in Colorado

The state of Colorado offers a few different options for divorce to consider that are contingent upon your specific circumstances.

Uncontested Divorce

When both spouses are in complete agreement about issues like asset division, child custody, and financial support, an uncontested divorce is a quicker and more cost-friendly option.

Mediated Divorce

This option involves an unbiased third party who facilitates the conversation between both spouses. This is typically a preferred way to resolve any arguments or disputes brought up during the process.

No-Fault Divorce

As mentioned earlier, Colorado is a no-fault divorce state. This means that neither spouse necessarily has to prove any wrongdoing by the other spouse in order to get a divorce.

Contested Divorce

When spouses aren’t able to come to an agreement, sometimes the court will become involved. The court will ensure that any disputes over assets, debts, child custody, etc. are resolved to reach a settlement.

Collaborative Divorce

During a collaborative divorce, the goal is to avoid court, and each spouse will hire their own attorneys to reach a settlement.

Default Divorce

If a spouse files for a divorce and the other spouse ignores the petition or is uncooperative, it can result in a default divorce.

How Are Assets Divided?

One of the most complicated parts of any divorce is the division of assets. Colorado is what’s known as an “equitable distribution” state, meaning that the court divides assets based on what they deem fair, taking into account the spouse's economic situation, the value of the shared property and each of the spouse’s separate assets. Equitable distribution typically does not consider infidelity in the relationship, but irresponsible financial decisions during the marriage can affect the division of assets.

In Colorado, only marital property, meaning any assets and debts accrued by either spouse during the marriage, is able to be divided. Any assets or inheritances that a spouse acquired individually before the marriage are not subject to division.

Post-Divorce Modifications

It is common for the conditions of a divorce to need adjusting down the road. A change of employment or a remarriage may alter the current terms of a couple’s divorce decree. The modification process requires a formal request that may be granted by the court. Common modifications to divorce conditions may include a change in child support or alimony payments, child custody adjustments, and more.

How Seeking Legal Support Can Help

Divorce can present a variety of decisions that are often overlooked early on and can greatly impact either spouse’s financial future. The challenges of child custody, parenting time, alimony, and child support may follow, and it can be beneficial to have legal support at that time. Questions about post-divorce modifications can also arise later on.

We understand how exhaustive and overwhelming a divorce can be. From the filing process to the asset division, it’s a lengthy and complex legal process that can have lasting effects if not handled carefully. That’s why we encourage you to reach out to us for a consultation. Come see how we can help guide you through the divorce process smoothly and without worry.

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Frequently Asked Questions

What should I expect during the divorce process with Datz Law Firm in Louisville?

From filing the initial petition to finalizing the divorce decree, we guide you through every step of the Colorado divorce process. Our legal support encompasses all aspects, from asset division to child custody and alimony, ensuring a smooth transition to the next chapter of your life.

Can Datz Law Firm help with child custody arrangements during my divorce?

Yes, our skilled divorce attorneys specialize in negotiating child custody arrangements that prioritize the well-being of your children while respecting your rights and desires as a parent, ensuring that the outcome supports the best interests of your family.

How long does a Colorado divorce take, and what does the 91 day waiting period actually require?

Colorado courts cannot finalize a divorce until at least 91 days have passed after the court obtains jurisdiction over the respondent or the parties file jointly. At least one spouse must also have been domiciled in Colorado for the 91 days preceding the start of the case. Even if every issue is agreed, a decree cannot enter before the 91 day mark. Contested issues, court schedules, or required disclosures can extend the overall timeline beyond 91 days. Temporary orders can be entered during the waiting period to address finances, parenting time, and status quo needs.These timing and residency rules are set by C.R.S. 14-10-106.

What is the Automatic Temporary Injunction in a Colorado divorce, and what does it prohibit?

When a divorce is filed and served, an Automatic Temporary Injunction immediately restrains both spouses. It generally bars transferring or encumbering property outside the ordinary course, changing insurance coverage, removing the children from Colorado without consent or court order, and harassing the other party. Peace officers are directed to enforce the no-harassment portion when a violation is shown. Either party can still seek additional temporary orders if needed. Violations can be addressed by the court through contempt or other remedies.These protections are created by C.R.S. 14-10-107.

How is spousal maintenance determined in Colorado, and are the guidelines mandatory?

Colorado uses advisory maintenance guidelines that provide a suggested amount and duration based on the parties’ incomes and length of the marriage. The court still decides whether maintenance is appropriate considering factors like need, ability to pay, and the parties’ financial resources. The guidelines typically apply when the marriage is at least three years and combined income falls within statutory limits. Tax treatment affects the formula the statute references, so courts look to whether payments are taxable or deductible under current law. Judges can deviate from the advisory amount with written reasons.All of this appears in C.R.S. 14-10-114 and Judicial Branch maintenance advisement materials.

Considering a divorce in Louisville?

Navigating the challenges of divorce can be overwhelming. We are here to provide the guidance and support you need during this difficult time. If you're considering divorce, reach out to Datz Law Firm today to see how we can assist you.

Additional Information in Louisville, Colorado

Colorado Legal Services: Divorce Support: Offering comprehensive support for low-income individuals navigating divorce proceedings in Colorado.

Colorado Judicial Branch: Divorce and Legal Separation Self-Help: Provides essential resources and step-by-step guides for individuals filing for divorce or legal separation in Colorado.

Colorado Office of Early Childhood: Family Support Programs: Provides comprehensive support services for families, focusing on child development, parental guidance, and connecting to community resources.

Protecting Your Children's Future Starts Today

Don't navigate this challenging time alone. Contact a divorce attorney at Datz Law Firm today for a consultation to discuss your options and chart a path forward with clarity and confidence.

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