Divorce is an emotionally fraught process that can quickly become contentious, especially when the divorce includes a child custody agreement or requires the division of substantial marital assets.
For these reasons, it’s crucial to hire a divorce attorney in Denver who will represent you throughout the legal aspects of the Colorado divorce process with a clear vision, extensive knowledge of Colorado’s divorce laws, and your family’s best interests as their primary goal.
Call Ciancio Ciancio Brown, P.C. for a prompt evaluation of your divorce case and a strong legal strategy to move forward.
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Ciancio Ciancio Brown, P.C., has earned a well-respected reputation in Colorado’s legal community, with accolades from prestigious publications, such as Colorado Super Lawyers and Martindale-Hubbell. We bring the following to your Aurora divorce case:
We understand the rollercoaster of emotions that ends at a divorce attorney’s office and handle every client’s case with the compassion, dignity, and drive that achieves exceptional results.
To divorce in Colorado, at least one spouse must have resided in the state for at least 91 days. If there are children of the marriage, the divorce also requires a custody order and child support orders.
For the Colorado court to have jurisdiction over the children in an Aurora divorce, the children must have lived in Colorado for at least 182 days or since birth for infants younger than 182 days old.
To divorce in Colorado does not require one spouse to prove the other’s wrongdoing. Instead, Colorado is a no-fault divorce state. The only legal grounds for divorce are that at least one spouse finds the marriage “irretrievably broken.”
The person who files for divorce is the petitioner, while the other spouse is the respondent. A respondent in a Colorado divorce has up to 21 days to file their response after receiving divorce papers. If they are located outside of Colorado, they have up to 35 days.
There are no real advantages or disadvantages to being the petitioner or the respondent, unless one spouse lives in another county or state. The petitioner chooses the court venue by filing the divorce papers with the court of their jurisdiction.
The petitioner also presents their case first in a contested divorce process in court.
Not every divorce requires a contentious court battle. In fact, the vast majority of Aurora divorce cases don’t need a trial at all. There are two types of divorces in Colorado:
When both spouses have attorneys to help them negotiate the terms of their divorce and can communicate and compromise effectively, they can craft a settlement agreement with the assistance of their attorneys and a professional mediator. As long as each agreement meets the state’s requirements, a judge simply signs it into binding orders.
An uncontested divorce in Denver is less financially and emotionally costly, and helps spouses to move forward with fewer hard feelings. This is especially beneficial when they share children.
At Ciancio Ciancio Brown, P.C., we understand that there are times when you cannot or should not compromise, especially when your children’s safety and emotional well-being are at stake or when you have crucial assets on the line.
A contested divorce occurs when spouses have one or more unresolvable disputes that require a trial for a judge to decide. In a contested divorce, each spouse presents their arguments, evidence, and eyewitness testimony to a judge who makes final decisions and issues binding, enforceable divorce orders and the dissolution of the marriage.
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Divorcing not only dissolves a marriage, but it also essentially dissolves a legal contract between two people and divides one household and family into two. There are several essential terms to resolve in mediation or in court for a successful divorce agreement. These include the following:
A settlement agreement for an uncontested divorce must meet the court’s requirements and the state’s standards, such as the “fair and equitable” division of marital assets and the children’s continued close contact with both parents, unless one spouse provides compelling evidence that it’s not in their children’s best interest.
A crucial legal tool in Colorado divorces is professional mediation. Divorce attorneys direct divorcing clients to a neutral third party who is deeply familiar with Colorado’s divorce law. This professional mediator assists the spouses in negotiating terms for a settlement agreement by offering creative solutions.
Professional mediation helps many spouses reach compromises and find workable solutions, avoiding the lengthier, more expensive court process.
Colorado requires a 91-day waiting period between filing a divorce petition and the final dissolution of the marriage. During this period, each spouse must make a full financial disclosure of their assets. Each spouse’s attorney may request additional documents from the other spouse, who is obligated to provide them.
The financial disclosures allow both parties to reach equitable decisions on the division of debts and marital assets, such as:
Each spouse may retain their separate assets, including any property, valuables, and accounts that belonged to them before the marriage, were gifted to them during the marriage, or that they inherited.
In some cases, however, a spouse may have a valid claim to a portion of the other spouse’s separate assets if they increased in value during the marriage and the spouse had access to them. This is known as “commingling” and commonly occurs during a marriage unless the spouses have a Denver prenuptial agreement in place.
After reaching the difficult decision to divorce, it’s essential to have experienced legal representation throughout every step. Contact us at (303) 451-0300 an Aurora divorce attorney at Ciancio Ciancio Brown, P.C. so we can guide you through the process to a new start for your family.
