When people get married, everyone seems to have the idea in mind that they can live happily ever after. Yet, even with the best intentions, not everyone gets to experience a fairy-tale ending to their marriage. If and when the topic of divorce arises, it is important to understand your legal rights and what the marriage dissolution process is here in Colorado.
As expert divorce attorneys here in Denver, CO we can provide expert guidance through the process and make the entire process as quick and as easy as it can possibly be.
Generally speaking, there are three issues that need to be resolved in typical Colorado divorce matters:
The dissolution of the marriage
Child custody / support issues
The division of property
While it isn’t impossible to reach an agreement with your soon-to-be-ex-spouse about these topics, sometimes it can be difficult. Many people find that having an attorney on their side can actually help them stay out of the courtroom as well as provide comfort that they are looking out for their best interests.
A few of the legal issues in Colorado regarding divorce laws include:
Alimony / Maintenance
Common Law Marriage
Alimony or spousal support is referred to as “maintenance” by the Colorado courts. In Colorado, there are two types of maintenance – temporary and permanent. Permanent maintenance is the amount that is paid from one party to the other after your divorce is final. Temporary maintenance is the amount that is paid while the divorce is pending. One of the most-disputed items in divorce is often whether maintenance should be paid and if so, what amount is determined to be a “fair” amount. When working with our Colorado divorce experts, you will find that having the right experts on your side that work for your best interests works to your advantage. There are many different factors that are considered by Colorado courts when ruling on maintenance issues – so it is in your best interest to have the experts on your side.
In Colorado, it is possible that you can file for a Decree of Legal Separation for issues that may include religious or otherwise. Here in Colorado, the Legal Separation process is almost identical as it is for divorce. The time it takes for both parties to get a legal separation will depend on the case and the parties involved. The largest difference between divorce and getting a legal separation is that when legally separated, you cannot remarry until the case has been converted to a divorce case.
Common Law Marriage
Colorado is a “common law marriage” state – which means that a couple is considered common law married if they present themselves to their friends and family as “husband and wife,” and intend to be common law married. Rarely is the amount of time that they have spent together considered in a legal action. As with any divorce case, a case regarding common law marriage will depend on the individual facts of the case.
Mediation: Another Option
When couples cannot reach a settlement and yet do not want to go through with the full litigation process, the option of Divorce Mediation is available here in Colorado. Mediation is where a trained and neutral third party will work with each party in an effort to reach a settlement between the parties. Typically, mediation will meetings will happen outside of the courtroom, is less formal and less expensive than litigation. Mediation can also be helpful to address issues following a divorce settlement as parenting or other issues arise.
Call us today and schedule your complementary consultation with one of our Colorado Divorce Attorneys to discuss any of these or other issues relating to divorce law in Colorado.