Are You Considering Parting Ways With Your Spouse?
Whether months of marriage counseling failed to resolve deep issues with your relationship or your spouse blindsided you over dinner one night with a request to separate, you are reeling. What options do you have? What’s the most strategic course of action?
At Stahly LLC, we believe in empowering our clients. We want you to understand your choices and know what options are available. Clarity is key to regaining a sense of control over your circumstances.
Colorado Is A No-Fault Divorce State
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?
At least one spouse must reside in Colorado for a minimum of 91 days before a petition for divorce 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.
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.
We Can Establish Spousal Support And Financial Maintenance
Similar to the equitable division principle, Colorado law doesn’t automatically require one former spouse to financially support the other. Again, parties may agree to a spousal support arrangement. But if they cannot come to mutually acceptable terms, Colorado courts use a formula to help determine financial support – called maintenance or alimony. To make this determination, courts review financial disclosures to find out both parties’ incomes, assets and ability to provide for themselves and each other.
We Will Negotiate Child Support And Visitation
If you have children, the preferable solution is to design a mutually agreeable plan regarding primary custody, visitation (called parenting time) and financial support. If you and the other parent cannot agree, the courts will work with you to determine an arrangement in the best interests of the children.
While your reasons for divorce may not be relevant for the divorce itself (given Colorado’s no-fault laws), these same issues may be relevant in custody determinations. If there are extenuating circumstances that could impact either spouse’s suitability for child custody or visitation or the ability to pay child support, it may be important to discuss these with an attorney prior to any court proceedings.
We Will Do Our Part To Ease The Stress Of A Divorce. Call Today.
We know how difficult the divorce process can be. You may feel overwhelmed trying to navigate divorce courts while simultaneously juggling the new life change. We will address your concerns at a consultation and find out what we can do to help. Reach our team by phone at 303-797-2900 or use our contact form to request an appointment.