Arriving at the decision to divorce is never easy, and the divorce process itself is also difficult. Fortunately, choosing a divorce attorney in Boulder doesn’t have to be. You can choose direct, personal, and compassionate legal representation from start to finish in your divorce process, with an attorney who prioritizes your family’s best interests. Call a Boulder divorce attorney at (303) 451-0300, so we can put the full resources of our firm behind you.
At Ciancio Ciancio Brown, P.C., our professional Denver divorce attorneys not only provide invaluable legal counsel to help you make informed decisions, but we also offer the highest level of professional excellence in and outside of court. With a divorce attorney from our firm behind you, you’ll find the following:
We are a team of leading litigators in Colorado, recognized by Colorado Super Lawyers, Rising Stars, Best Lawyers, and the prestigious Martindale-Hubbell publication.
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Colorado is a no-fault divorce state. The only grounds for divorce in Colorado are that at least one spouse believes the marriage is “irretrievably broken.” There is no need for one spouse to prove the other’s wrongdoing.
To divorce in Colorado, one spouse must have resided in Colorado for at least 91 days. If there are children involved, they must have lived in Colorado for at least 182 days, or since birth, for the court to have jurisdiction in child custody decisions.
Colorado requires a 91-day waiting period between filing for divorce and finalizing the divorce. During this period, your Colorado divorce lawyer prepares your case.
The petitioner is the spouse who files for divorce, while the respondent is the spouse who is served with divorce papers. The respondent has 21 days to file a response, or 35 days if they live outside of Colorado.
There are no real advantages or disadvantages to being the petitioner or respondent in a divorce, except that the petitioner determines the court’s jurisdiction, which will be litigated in the court where the petitioner files.
Less commonly, spouses in Boulder may choose to file jointly as co-petitioners. Typically, this applies only in an uncontested divorce, where both spouses agree to all terms without dispute.
There are two basic categories of divorce in Colorado, depending on the spouses’ ability to communicate and compromise on the terms of their divorce. The divorce may be uncontested, which occurs when spouses agree on all terms, typically with the help of their attorneys, negotiation meetings, and professional mediation.
When spouses cannot agree on one or more terms of the divorce, the divorce becomes contested. A contested divorce requires a lengthier process, including a trial during which each spouse presents their arguments and evidence to a judge, who then makes final decisions on each term of the divorce and enters them as binding orders.
A divorce doesn’t just end a marriage; it separates one family and household into two. For this reason, a Colorado divorce must include orders on the following terms:
Depending on the circumstances of the marriage, divorce terms can be a straightforward process for spouses with few assets and no children, or it can become very complex and contentious when spouses disagree about their child custody and parenting-time schedule or when they have substantial or diverse assets.
During the 91-day required waiting period after petitioning for divorce, both spouses must fill out full financial disclosures to submit to the other spouse’s attorney. The attorneys examine the disclosures and may request additional documents. The disclosures form the basis for each attorney’s strategy to achieve their client’s goal in the division of marital assets, while protecting each spouse’s separate assets.
Separate assets in a Boulder divorce include:
At Ciancio Ciancio Brown, P.C., we carefully evaluate each spouse’s separate assets. In some cases, one spouse may still have a valid claim on a portion of the other’s separate asset if they had access to it during the marriage or if it increased in value during the marriage.
Marital assets are subject to equal division during the divorce and include the following:
In the best circumstances, the spouses can negotiate on mutually agreeable terms for the fair and equitable division of their marital assets.
Call Our Boulder Divorce Attorney at (303) 451-0300
Mediation is a commonly used divorce tool to help spouses come to a settlement agreement and achieve an uncontested divorce rather than a lengthier, more expensive, and contentious divorce trial. Your Boulder divorce attorney typically recommends a professional mediation process with a neutral mediator who helps spouses resolve disputes and offers creative solutions for problems with asset division or child parenting schedules.
In many contested divorce cases, a judge orders spouses to attend one or more mediation sessions to attempt a resolution of their dispute rather than arguing in court.
You need a strong legal ally with years of experience in Colorado divorce law, but it’s also important to have a family attorney in Denver who understands your deep commitment to achieving the best possible outcome for your family’s future.
Contact Ciancio Ciancio Brown, P.C., so we can begin strategizing the best way to move forward, so your family can have a fresh start.
