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Colorado Divorce, Separation and Mediation Services
You may hear from friends and family various myths about the divorce laws and the legal process, and even your ex-spouse may try to convince you that Colorado law on a certain point is in his or her favor. Because divorce is a common issue that has touched most people in one way or another, many people claim to know exactly what the laws are, both non-attorneys and attorneys who don’t specialize in divorce law. However, because this topic is so prevalent, you’ll want to make sure that you hire an attorney who thoroughly understands all aspects of family law to debunk many of the myths that are out there. Additionally, having an attorney who specializes in family law gives you the benefit of knowing that your attorney is up to date on the most recent laws and trends.
When going though a divorce, you’ll find that it’s not a situation where one person is declared the “winner.” Having a Judge make the final decisions in your divorce can be an extremely stressful and draining process, not to mention the financial costs involved with preparing for a trial. When you’re going through a divorce, we understand that you’re going through a difficult time, and will encourage ways to settle the case that result in a fair settlement to you. Settling all issues with your spouse allows you to have an active role in finalizing your case, eliminates the risk of going to trial and not knowing precisely what the Judge will order, in addition to saving you financial expenses.
There are some cases, however, which simply will not settle for one reason or another. In these cases, having an experienced attorney will help you strategize for your hearing and help focus the case on the issues that are of most importance to you. If litigation is the only option left for you, we’ll help you understand the process so that you can participate in the case strategy in a meaningful manner.
Legal Separation
You might consider pursuing a Decree of Legal Separation for reasons such as being able to provide continuing health insurance for your spouse or for religious reasons. The Legal Separation process is virtually identical to that for divorce. The time involved with the legal separation process from start to finish, like divorces, depends on the individual case and the dynamics of the parties. The main legal difference between a legal separation and a divorce is that after a decree of Legal Separation has entered, neither party is free to remarry until the case is converted to a divorce action.
Alimony/Maintenance
In some states it’s known as either alimony or spousal support, but in Colorado it’s known as maintenance. There are a number of factors that get considered in making a maintenance determination. Additionally, there are two types of maintenance – temporary and permanent. Temporary maintenance is support paid to a party while your divorce is pending. Permanent maintenance is support paid after your divorce is final. Whether you are seeking financial support from your spouse, or need assistance in determining a fair amount to pay to your spouse, you’ll find that having a law firm of attorneys specializing in family law works to your advantage in knowing the current trends in maintenance awards.
Common Law Marriage
Again, many myths abound as to whether a couple is considered to be common law married. In Colorado, there’s no set rule that the parties must live together for seven months, seven years, etc. Rather, a couple is common law married if they present themselves to their friends and family as “husband and wife,” and intend to be common law married. Whether you are considered to be common law married depends on the individual facts in your case. Even if it is eventually determined that you are not common law married, there may be kids in the picture, in which case you can file an Allocation of Parental Responsibilities Action for orders regarding your children.
Colorado Divorce Mediation
If you and your spouse can’t agree how to settle your case, there are other options than having a Judge make all the final decisions. One option is to participate in mediation, where a trained, neutral party attempts to reach a settlement between the parties. Mediation takes place outside of the courtroom, and is a considerably less formal process than litigation, as well as less expensive. A good mediator will tell you where your position stands in relation to the law and what a Judge might order, thus helping facilitate the settlement process. Oftentimes, parenting issues arise after a divorce, and mediation can be a useful tool to quickly resolve issues not addressed in your original case, such as holiday visitation schedules. Our mediators are not only experienced in the legal side, but also from a practical counseling side as well. View additional information on our Colorado Divorce Mediation Services
Contact Us with your Colorado Divorce or Separation questions or schedule a consultation to begin the process.
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