Centennial Divorce Lawyer
Grounds for Divorce in Colorado
No marriage is perfect, but some marriages are less perfect than others. If you have reached a point with your spouse where you do not feel you can continue being married to them, talk to Wright Family Law. Our Centennial family law attorney is here to help you weigh your interests and learn more about how to proceed should you wish to pursue a divorce. Since 2004, we have been here to give our clients not just information about how to protect themselves, but the confidence to take the necessary steps in that direction.
Call Wright Family Law today by dialing (303) 558-5222 or contact us online to schedule your initial consultation.
What are the Ways to Dissolve a Marriage?
Divorce requires that one person swears under oath that their marriage is broken beyond repair and the other person not deny it. If the other person does deny it, the court can suggest the parties first seek counseling before making an official decision about whether or not the marriage is, in fact, broken. When there spouses have no children or marital property to be divided, they can file for dissolution of marriage upon affidavit, meaning that the decision is mutual. Legal separation is another available option for those not interested in tackling asset division quite yet.
Is Colorado a No-Fault Divorce State?
Colorado is an exclusively no-fault divorce state. This means that there are no fault-based grounds that a couple can use to file for divorce. Instead, the only grounds for divorce in Colorado is because the marriage is “irretrievably broken”. The meaning of irretrievably broken is that the marriage is broken beyond repair. Neither spouse has to prove a fault in the other spouse to use this no-fault ground. No explanation is needed. One spouse simply needs to claim that the marriage is irretrievably broken, and the court will grant the divorce. The other spouse does not have to agree.
To learn more about filing for divorce in Colorado, contact our firm.
How are Assets Divided in Divorce in Colorado?
If both divorcing spouses cannot come to an agreement regarding the division of property, then they will need to have a trial set before a judge. Colorado utilizes the equitable distribution system when evaluating and determining asset division. This system is based on what is fair and equitable and does not divide right down the middle.
The process that the court will generally follow when dividing property is as follows:
- The court will take time to distinguish between the marital and non-marital property of the divorce. The non-marital, often referred to as separate property, will not be included when the assets are dispersed. To help gauge what property is considered marital, the court will perform a stage called discovery.
- The second stage is the gathering and assessing of property value.
The final stage will be the actual dispersion of assets based on the findings
of the court. Factors that the court may have utilized to come to these
- The finances of each spouse
- Contributions made by each spouse during the marriage
- The tax implications of the split property
- The economic impact if children are involved
Common Complications to Divorce
While there are some divorces where splitting up is easy, others can get messy. Wright Family Law is here to offer trusted legal guidance on matters of your divorce.
Wright Family Law is here to help you with aspects of divorce such as:
- Child custody (called parental responsibility in Colorado)
- Child support
- Maintenance and support for spouses
- Asset division
Colorado Divorce FAQ
If I want a divorce but my spouse does not, will it hurt my outcome?
No. As a “no-fault” state, Colorado does not take into account misconduct of the married parties when determining how to split up property and award spousal support. However, if your spouse claims the marriage is not “irretrievably broken,” you may be required to attend counseling before the court will determine whether or not the divorce request is valid.
Are there any benefits to legally separating from my spouse?
A legal separation in Colorado is very similar to a divorce. These proceedings can allow couples to divide up property, make arrangements for child custody (known as parental responsibility in Colorado), and even award alimony payments (spousal support) during that time. One advantage of separation is that you will not have to file taxes separately. You could also still be eligible for insurance in some cases.
Do I need an attorney for my divorce?
It can’t hurt to hire an attorney, even if only to go over your situation. If you and your spouse have already worked out how you will split up your belongings and parental responsibility, you may be able to fill out all necessary forms on your own. However, an experienced attorney like the one at Wright Family Law can help you avoid making common mistakes. In many cases, hiring an attorney can save you time and money that might be spent repairing issues that could have been prevented early on.
Call Wright Family Law Today
Divorce is both legally and emotionally challenging. Let our Centennial family law attorney help you gain a clear picture of your situation before making any binding decisions. We know how to negotiate when possible and fight aggressively when necessary. During our consultation, we will go over your goals following divorce and help you make the right decisions to move forward with confidence.
Dial (303) 558-5222 now to get started planning your next step.