Reaching the decision to divorce isn’t easy, but once divorce is the inevitable conclusion to your marriage, it’s time to consider the mechanics of the divorce process in Denver.
There are multiple options for legal paths to follow to finalize a divorce, depending on the circumstances of the marriage and the willingness or ability of both spouses to communicate and compromise.
Understanding the different types of divorces in Colorado helps individuals seeking to dissolve their marriage determine the process that best suits their goals. Contact us for a free consultation today.
Uncontested Divorce In Colorado
No divorce is a happy occasion, and very few are amicable, but an uncontested divorce is the best-case scenario for divorcing spouses. In an uncontested divorce, both spouses agree to the terms of their divorce through negotiations with the help of their attorneys. Often, the process also involves a mediator who offers creative solutions for any disputes.
In an uncontested divorce, the spouses create a settlement agreement addressing all the necessary terms of a Colorado divorce, including child custody in Denver, child support according to the state’s formula, the division of marital assets, and spousal maintenance (alimony) when appropriate. In an uncontested divorce, the spouses’ attorneys present the settlement agreement to the judge, who typically signs it into binding orders without the need for a trial.
Colorado Contested Divorce Process
Compromise in a divorce isn’t always possible or even advisable, especially when a child custody decision impacts the well-being or safety of children, or in high-asset divorces with complex or diverse assets.
In these cases, a contested divorce is the only legal solution. If divorcing spouses cannot resolve one or more disputes regarding child custody, asset division, or spousal maintenance, they must take their dispute to court and present their arguments before a judge for a decision.
Collaborative Divorce In Colorado
Sometimes, divorcing spouses understand that they may face legal disputes over the terms of their divorce, but they do not want to undergo the adversarial process and expense of a contested divorce. Instead, they agree to a collaborative divorce.
In a collaborative divorce, the spouses agree to avoid court by engaging in negotiations and mediation meetings until they reach a mutually agreed-upon settlement. Both parties sign legal agreements stating that they will not take each other to court, so they continue to mediate until they reach a compromise and draft a mutually agreed-upon settlement.
Divorce Arbitration In Colorado
When divorcing spouses cannot come to an agreement on one or more terms in their divorce through mediation and negotiation, but they do not want to go to court, they may choose divorce arbitration. The arbitration process proceeds much like a trial in divorce court, with both sides presenting their arguments to a professional arbitrator.
The arbitrator’s decisions are legally binding just as a judge’s decisions. The spouses sign agreements before proceeding, ensuring they abide by the arbitrator’s decisions. Some spouses choose this option because it is faster than traditional divorce court.
Another advantage of an arbitrated divorce is that it’s private. The divorce case does not become a matter of public record as it does in divorce court, allowing the spouses to keep their personal and financial details private.
Legal Separation
While not a divorce, a legal separation in Colorado allows spouses to live apart with binding terms such as the separation of their assets and a parenting-time schedule for child custody while they remain legally wed.
This is an option for spouses who are uncertain if they wish to end their marriage and want a trial divorce, or for spouses who wish to live separate lives while still sharing some of the benefits of legal marriage, such as the ability for one spouse to provide health insurance to the other and enjoy tax benefits.