Colorado Divorce Lawyer

Why You Need An Experienced Colorado Divorce Attorney

Divorce cases can be emotionally straining and involve significant financial and parenting issues that affect families for years after a final decision is made. At Stahly Miner LLC, our divorce attorneys focus exclusively on family law and represent Colorado clients in matters involving:

• High-net-worth divorce
• Business valuation and division
• Trust and inheritance issues
• Complex property division
• Child custody disputes
• Spousal maintenance matters

Attorney Todd Stahly is recognized within Colorado’s community as an experienced family lawyer and has helped clients throughout Boulder, Denver, Steamboat Springs, and surrounding areas navigate complex divorce proceedings.

Understanding Colorado’s No-Fault Divorce Laws

Most states have some version of a no-fault divorce policy. No fault means just that: a divorcing spouse does not have to prove any malfeasance by the other spouse in order to file for divorce. By contrast, fault requires one spouse to accuse the other of some wrongdoing – such as infidelity – to be entitled to the divorce.

How Long Does A Divorce Take in Colorado?

At least one spouse must reside in Colorado for a minimum of 91 days before a divorce petition can be filed. If the divorce is uncontested, with no property division issues or no minor children, a divorce may be granted in as few as 91 days. However, contested divorces in Colorado can take significantly longer – around 6 to 12 months.

Key Legal Issues Involved in Colorado Divorce

Divorce is a legal process that ends the legal relationship between two parties. Many people intertwine their finances, take on debt together, make important decisions together, and have children. All of these issues must be sorted out when a married couple decides to part ways. An experienced lawyer from our Colorado family law firm can help with all legal matters related to your divorce, including:

Property Division 

When a married couple is getting divorced, one of the most contentious issues is often how they will divide their property. All property acquired during the marriage is generally considered marital property, regardless of how it is titled, and subject to division except:

• Property acquired as a gift, devise, or inheritance
• Property acquired in exchange for property acquired before the marriage or property acquired as a gift, devise, or inheritance
• Property acquired after a decree of legal separation
• Property excluded via a valid agreement between the parties

Under this definition, various forms of property could be considered marital property, including the following:

• Real estate, including the marital home, rental properties, and vacation homes
• Motor vehicles, boats, and aircraft
• Financial accounts, including checking, savings, and money market accounts
• Retirement accounts
• Intellectual property
• Cryptocurrency
• Business and business goodwill
• Collections, including art and coins
• Jewelry, furnishings, and personal effects

Colorado courts encourage divorcing spouses to reach amicable resolutions regarding their property. However, if they are unable to settle, the court can divide marital property under the state’s equitable distribution laws. Under this law, property must be divided fairly between the parties, but fair does not necessarily equal. Colorado courts can consider several factors when determining what is fair, including:

• Each spouse’s contribution to the marriage, including contributions as a homemaker
• The value of each spouse’s separate property
• Each spouse’s current economic situation
• The desirability of awarding the family home or the right to inhabit it for the parent with more parenting time
• Any increases or decreases in the value of separate property
• Any depletion of marital assets by either spouse

The legal team at Stahly Miner LLC can argue the factors that most favorably weigh in your favor. 

Spousal Support

Spousal support is a financial payment that one spouse pays to the other spouse while their divorce case is pending and/or after the couple is divorced. Spousal support is not automatic in Colorado divorce cases. Instead, the court considers the following factors when determining whether to award spousal support and makes written findings about the following:

• The amount of each spouse’s gross income
• The marital property assigned to each spouse
• Each spouse’s financial resources, including their actual or potential income from separate or marital property
• The reasonable financial need as established during the marriage
• Whether the support would be a deductible for federal income tax purposes by the payor and taxable income to the recipient

If the court determines that spousal support is warranted, it consults the guideline amount. The guidelines apply for marriages of at least three years for spouses with combined incomes of less than $250,000. 

Child Custody

Child custody in Colorado is referred to as the allocation of parental responsibilities. This includes parenting time, the legal right to spend time with the child, as well as decision-making responsibilities, the legal right to make important decisions regarding the child, such as where they will go to school and what type of medical care they will receive. Colorado courts encourage parents to reach decisions regarding these important matters and joint custody arrangements when possible. However, every decision regarding children is based on what is in the child’s best interests.

If the parents are unable to reach a decision, the court can determine the following factors to make parenting responsibility-related decisions:

• The interaction and relationship between the child and each parent, their siblings, and any other person who may significantly affect the child’s best interests
• The parent’s wishes regarding parenting time
• The child’s wishes, if they are mature enough to express their reasoning for them
• Any report related to domestic violence that a child and family investigator or legal representative of the child submits to the court
• The child’s adjustment to their home, school, and community
• The mental and physical health of all parties involved 
• Whether the past pattern of the parents’ involvement with the child reflects a system of values, mutual support, and time commitment
• The ability of the parents to encourage a healthy relationship and contact with the child and the other parent
• How near the parties live to each other

Child Support 

Child support can help the child maintain a similar lifestyle regardless of which parent they are currently spending time with. The state guidelines establish the amount of presumptive child support by considering factors such as income and parenting time. Our legal team can identify this amount in your case and explain whether any legal grounds for deviation exist.

Temporary Orders

Some divorces can take a long time to resolve. It may be necessary to ask the court to make temporary orders regarding matters such as:

• Who can reside in the marital home during the pendency of the divorce action
• Parenting time and child support
• Spousal maintenance during the pendency of the divorce case
• Payment of attorney fees
• Payment of bills and liabilities

Our Approach

With so much at stake, you need an experienced legal advocate on your side who will put your interests first. Family law matters can be extremely contentious, but a skilled lawyer can often help clients see the bigger picture and recommend ways to have a more amicable and affordable pathway so that they begin the next chapter of their life from the best footing. Our family law attorneys recommend creative, non-combative, and mutually beneficial solutions through negotiations, mediation, or arbitration. We also provide zealous client advocacy in court when the situation calls for it. You can trust our honest and straightforward approach throughout the lifespan of your case.

Property Division Is Not A Do-It-Yourself Process

Colorado is an equitable distribution state. This means that, if the parties cannot mutually agree on how to divide marital assets and debts, a judge will decide. Each spouse is required to complete and disclose Sworn Financial Statements outlining their income, debts, and property. With this information in hand, the court will make a fair division based on the relevant facts. Each case is unique.