When minor children are involved in the divorce process, legal action may be required to establish who the child will live with, or if the child’s residence will be equally shared among both parents.
The expertise of family law attorneys may be instrumental in a variety of legal actions involving marriage, divorce, child custody, child and marital support, and child endangerment cases in Colorado. It is important for families to maintain physical and fiscal stability as they transition during and after a divorce. Divorce lawyers may help reduce anxiety for both parties who have a wide range of unsettling questions and decisions to make, while dealing with emotional turmoil and parental responsibility for children of the marriage.
Divorce
Colorado divorce attorneys provide qualified advice, supported by first-hand knowledge of state laws directing actions related to divorce, child custody, child support, alimony, joint property distributions and other family law civil and criminal actions. Divorce has been identified as second in the top ten most stressful life events, necessitating the assistance of an objective knowledgeable professional.
Filing requirements
Colorado state has general filing requirements that must be followed regarding divorce type, residency and matters related to both parties of the divorce including:
Residency. Colorado law requires that at least one of the divorcing parties must have lived in the state for 91 days before commencing a divorce action.
No fault. Colorado is a “no fault” divorce state. This means divorcing parties do not have to prove any wrongdoing by either spouse. The only grounds for divorce actions requires the marriage is “irretrievably broken.” Divorce actions where adultery, abandonment, or domestic abuse is cited may yield a more favorable settlement in some instances.
Separation. Legal separation in Colorado requires the couple to file a petition with the court, after one party meets the residency requirements of 91 days, and then waiting for at least 90 days for court action to begin. Couples may choose this option to take a break from the marriage with a possibility of reconciliation, or due to religious reasons. Other reasons may include separation as a means to ease into divorce, medical insurance continuity, employment-related benefits, and/or federal tax benefits for married couples.
Property Distribution. Colorado is an equitable distribution state meaning that all marital property is to be divided fairly unless divorcing spouses agree otherwise. The court recognizes property as marital, and separate assets assigning monetary value to the property and then distributing it between spouses.
Child custody
When minor children are involved in the divorce process, legal action may be required to establish who the child will live with, or if the child’s residence will be equally shared among both parents. Colorado courts feel it is appropriate for divorcing couples to attend parental education in the hopes of reducing continued conflict that endangers a child’s well-being during and after the divorce process.
Photo by Kat Smith from PexelsIf one parent is not adhering to the agreed-upon plan, it may be best to hire child custody attorneys who can file a formal order to request changes for custody. They can also assist with questions of child support, based on state child support guidelines that utilize different formulas addressing income, and expenses relevant to each parent for calculating their financial responsibility.
Focused legal action
Legal counsel will clearly communicate with opposing divorce lawyers, perform mediations to iron out disputes over alimony, child support, marital assets/liabilities, and legally represent parties in court to ensure their interests are reflected in filed legal documents that protect individual parties. A comprehensive marriage settlement agreement addressing all important facets of a failed marriage may increase the ability to maintain a stable family future where divorcing spouses do not harbor resentment, so it is important to seek assistance from family law attorneys.
Seek legal counsel
Experienced family law attorneys in Denver will utilize their legal skill to draft an agreement that addresses financial stability for their clients, while adhering to all pertinent financial, business, real estate, and tax laws in Colorado.
Sources:
https://leg.colorado.gov/sites/default/files/14-10-114pre20140101.pdf
https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-19.pdf
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