Divorce - A Difficult Decision
Colorado Attorney R. Brian Daniel
The decision to get a Divorce can be difficult, frustrating, nerve-racking and time consuming. Once you have made the decision to divorce from your spouse, it is important to consult with a Parker, Colorado Divorce Attorney with experience in the various aspect of this area of practice. At The Daniel Law Firm, we understand that every situation is unique and that every family dynamic is different; therefore, no straight-forward approach will work with every set of individuals. Attention to detail and an appreciation for what is important to the client are also crucial to securing a final decree that will satisfy the parties to the divorce. Ultimately, the parties must come to an agreement, whether they stipulate to an agreement or whether the judge assigns one is up to the individuals involved. Notwithstanding, your Parker, Colorado Divorce Attorney will work with you, and will negotiate with the other party or attorney in an effort to ensure that the marriage is dissolved as quickly as possible while also striving to achieve an amicable split of the assets, debts and parenting time, if applicable.
Colorado is a “No-Fault” state with regard to Divorce, so the court does not really care why the Divorce is happening (the court doesn’t want to hear about who did what). In Colorado, the court just wants to make sure that each party is in agreement that the marriage is irretrievably broken and in need of dissolution.
Divorce Basics – Contested vs. Non-Contested
A non-contested divorce means that the parties have agreed to divorce (and even, perhaps, have filed jointly), and more importantly, it means that the parties have agreed to all the terms and conditions of the divorce (asset division, real property division, debt allocation, spousal maintenance, child support, parenting time, etc.). Your Parker, Colorado Divorce Attorney can help you prepare and file all of the documents necessary to finalize a non-contested divorce.
In a contested divorce, the parties may agree to several, if not most, of these issues; however, there will be an issue or two on which the parties disagree. This will necessitate hearings and/or additional document exchange and perhaps mediation in order to attempt to resolve the dispute. More often than not, the issues remaining disputed are parenting time (with whom the children will stay and for how long), spousal support (alimony) and the division of assets (who gets what and how it is split). If the parties cannot agree, they will exchange information, submit briefs to the court and the judge will decide the final outcome. Since the judge might rule completely in favor of the other party, it is important to consult with a Parker, Colorado Divorce Attorney regarding the nature of your arguments and the likelihood of success on each. Your attorney at The Daniel Law Firm will work with to prepare the best possible case and argument prior to the time of a hearing. This assistance can be invaluable when it comes to parenting time and asset division.
Divorce Without Children
If the parties are in basic agreement regarding the terms and conditions of the Divorce, and if there are no children of the marriage, then documents can be prepared by your Parker, Colorado Divorce Attorney, filed with the court, exchanged with opposing counsel, and you may receive your Final Divorce Decree in as little as 90 days from the date on which the other party was served with the Divorce papers. In Colorado, a court will not enter a Final Divorce Decree until at least 90 days after service of the initial paperwork on the other side; however, if you are in agreement (or can negotiate an agreement leading up to the 90th day post service), then you will most likely receive your Final Decree somewhere around the 90th day post service.
Divorce With Children
If there are children of the marriage, the process of Divorce become somewhat more complicated. In addition to the exchange of documents and the preparation and filing of documents with the court (as in the divorce without children), the parties must also prepare (and agree to) a Parenting Plan that is filed with the court and that must be approved by the judge. This typically adds time to the Divorce proceedings and can extend the process for months or years. In that regard, it is important to retain a Parker, Colorado Divorce Attorney to help you make your arguments to the court and to opposing counsel. Without competent legal representation, some parties find that they are paying much more than they should in spousal maintenance and also find themselves in a situation where they only get to see their children on an extremely limited basis.
If you are contemplating a Divorce, have been served with Divorce papers or are seeking to modify an existing order of court, contact your Parker, Colorado Divorce Attorney at The Daniel Law Firm immediately and get the representation you need to achieve the result you want.
If you are considering a divorce in the State of Colorado, contact a Parker, Colorado Divorce Attorney at The Daniel Law Firm, today. (303) 951-0233
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