This Is How The Divorce Process Works and How Long It Will Take

When it comes to divorce most would say they want the process to be over as soon as possible so they can move on with their lives. This inevitably leads everyone to ask “how long will it be until I am officially divorced from my spouse?” A great place to start is our Divorce Timeline, which can be found under the Tools tab on our website. However, we also want to give a more general overview of how long the process might take. The specific circumstances and complexity of your case will determine the timeline, but overall, this is what you can expect the process to look like.

 

When You First File-

 

Once you have filed a Petition for Dissolution of Marriage with the courts in your county, your spouse must be personally served.  Learn more about what to do if you are the one being served divorce papers.

Once your spouse is served, he or she has 21 days (35 for out of state) to file a response. If you and your spouse both want the divorce and sign a petition jointly, the Service/Response step can be ignored. Your spouse may also agree to waive service if you do not file jointly. Just because you sign jointly does not mean the process is complete, and you will still need to follow the rest of the requirements in the process.

 

Once Your Ex Is Served-

 

You have 42 days after the date of filing to set up an initial status conference with the court and submit your financial disclosures. The initial status conference is your first court appearance and is an informal way for both parties and the Court to get on the same page about dates and deadlines in your case. It depends on the county and jurisdiction that you are in as to whether they will schedule a time for your initial status conference automatically once you file, or if you or your attorney have to reach out to the court to schedule your own. The timing for this solely depends on your county’s court and its timeline. You also will need to have your financial disclosures submitted within that 42-day deadline as well.

 

After Initial Status Conference-

 

You have the option to file for Temporary Orders, which is only necessary if there is an immediate conflict that must be addressed while your case is ongoing. Temporary Orders can help with decision making, child support or spousal support, or who will live in the marital residence during the divorce process. Temporary orders will be replaced by permanent orders at the end of your case. A temporary orders hearing, which is a separate court date, must be set to decide this and it will extend your case.

 

Once you’ve had your initial status conference, you and your spouse are then required to attend mediation by the state of Colorado. Everyone who files for divorce in Colorado must attend mediation, with a few exceptions. In rare cases where the parties agree to every issue, it is possible to skip mediation, which would shorten your case. Additionally, you may request mediation be waived in cases of domestic violence.

 

Mediation-

 

Mediation is a formal settlement conference where the mediator (whom you hire) assists in trying to reach a full agreement between you and your ex. If mediation is successful, you will leave with a signed or partial settlement agreement. Then your attorneys draft the final agreements and file the documents with the court.

 

If mediation is not successful, you must either come up with a settlement or prepare to go to trial. If you need to go to trial, this must be scheduled with the court and the timing completely depends on their availability and timeline. This can extend your case; therefore, it is ideal to come up with agreements in mediation or a settlement.

 

Finalized-

 

Your divorce will be finalized once a judge issues a decree of dissolution of marriage which then severs the marriage, and you are no longer married.

 

Post-decree-

 

If a party is not satisfied with the final decision made by the court, then an appeal can be made. There are specific time constraints around appeals, so you will want to speak with your attorney if you wish to appeal any part of your divorce decree.

 

You also may modify certain orders put in place by the courts if circumstances change after the final agreement has been made. Again, you will want to speak with your attorney if you would like to modify any documents or orders post-divorce.

 

Overall, it can be difficult to determine the exact length that it will take to finalize your divorce because every situation is different. Your timeline will depend on the specific circumstances and jurisdiction of your case.

If you have questions about your particular situation or would like to speak with an attorney today, contact us.

How Do I Pick the Right Attorney For Me?

One of the first questions you might ask yourself when you are searching for an attorney is “how do I know which attorney I’ll work the best with?” or “who will align with me and get me the best results in my case?” This is a very important question to consider because if you and your attorney don’t align then you might not be satisfied with their service or your end result. We never want that to be the case. Here are a few criteria to consider when deciding what attorney to hire to make sure that you and your attorney will be the best fit together.

 

Personality –

One of the most important factors to consider when deciding on hiring an attorney is how their personality would work with yours. When you are going through a divorce, you will end up sharing some of the most important and private details of your life with your attorney. Finding someone who complements you and can be a good partner is a key component to a successful attorney-client relationship.

Situation –

Another very important factor to consider when finding the right attorney is your specific situation. Every attorney has their strengths and areas of family law they practice more than others. If your case is very complex, you might look for an attorney who has more experience handling complex cases. On the other hand, if your situation is a very emotional one, it might be best to find a more empathetic attorney that you feel you can talk to and connect with for support. Another example would be if there is a lot of contention between you and your ex; in this case, you might be looking for a more aggressive attorney that will fight for you in times that get tense. Every situation is different, therefore it is key to find an attorney that will represent you in the way you need to be represented to achieve the most successful result in the end.

Cost –

Lastly, one thing to always keep in mind is how much you can afford when hiring an attorney. Of course, this always depends on each individual case and what you need the attorney to help you with. One of the most important factors that can affect the cost of your case is how contentious the separation is. If you and your ex can agree on most things through mediation, this will keep costs down compared to a case that goes to court. Another factor is what services you need legal help with. In some cases, you may only need unbundled legal services, but other cases will require full representation.

 

Finding an attorney with the right mix of personality, experience, and cost to help you with your divorce case is an important step in the divorce process. At Divorce Matters, we understand the importance of this decision. We match our clients with our attorneys based on all of these considerations, to ensure we deliver the best possible legal representation to every client.

If you’d like to get to know more about our attorneys visit their profiles here.

Debt after Divorce

As married couples navigate life, it is common for them to incur various forms of debt. To be sure, a couple may purchase a house together and have mortgage debt; may buy a car and be liable for car payments; may go to graduate or professional school and incur student loan debt; may suffer a health scare that results in medical debt; or may even just be poor at budgeting and incur credit card debt as a result.

If a couple decides to divorce, this debt must be dealt with. To be sure, the divorce agreement must include a determination about who is liable for which forms of debt and how much debt. If you are getting a divorce in Colorado, here’s a look into how marital debt may affect your divorce settlement–

Marital Debt – How’s it Divided?

Colorado is an equitable distribution state, which means that marital assets must be distributed equitably among the spouses at the time of divorce. This rule also applies to debt; debt must be equitably distributed, but not equally distributed, amongst the two parties during a divorce.

Marital debt is typically considered debt that is incurred during the course of the marriage, whereas separate debt is debt that’s incurred prior to a marriage’s formation. Assets acquired during the course of the marriage include those that are only titled in one spouse’s name. For example, if your spouse purchased a new car during your marriage and the car is only in their name, you will likely still be liable for this debt.

With this standard in mind, the court does not always hold that all debt accumulated during the marriage is marital debt. In fact, the court may assign debt to one party depending upon the type of debt. For example, if your spouse took frequent trips to Vegas and blew thousands of dollars while there, the court may not hold you liable for this debt.

Reaching a Property and Debt Division Agreement

You and your spouse have the opportunity and the right to come to an agreement about how marital debts will be divided rather than turning directly to the court for a decision. This is strongly recommended; reaching an agreement together is typically less expensive, and there is a greater chance of you both getting a little bit of what you want. When negotiating your debt settlement agreement with your spouse, consider the following:

  • Compromise. Be willing to give up something to get something that you want. The more flexible you are, the better the chances of reaching an agreement out of court.
  • Be amicable. It can be difficult to negotiate with your spouse with a smile on your face. While kindness may feel elusive, try to be amicable. This will encourage your spouse to be amicable as well, which can make reaching an agreement more plausible.
  • Work with a professional. It’s smart to know exactly what your options are, and what the consequences of your divorce settlement will be. A professional accountant or lawyer can guide you and help to protect your best interests.
  • Hire a lawyer. Negotiations can be trying – hire a lawyer to represent you during the process and ensure that you don’t end up with a settlement that unfairly leaves you with mountains of debt.

Call Our Denver Divorce Attorneys Today

To learn more about debt in a Denver divorce, call our professionals at Divorce Matters today. We are a team of experienced lawyers who work hard for our clients.

Will Recreational Marijuana Use Affect My Divorce Proceedings?

In 2012, Colorado voters passed Amendment 64, which put the state on the leading edge of liberalizing marijuana laws. Though it is still not allowed under federal law, recreational use of cannabis is permitted in Colorado.

This complex legal framework raises a number of questions. For example, if you are getting divorced in Denver, CO, you may be wondering how recreational marijuana could impact the proceedings. In child custody and visitation proceedings, use of marijuana ”” along with the use of any other impairing substance ”” could potentially be a factor in the case.

How Recreational Marijuana Use Might Impact Child Custody Cases

Under Colorado law (C.R.S. § 14-10-124), child custody cases are resolved under the state’s best interests of the child standard. Simply put, Colorado courts are instructed to make determinations in accordance with what is best for the health, safety, emotional well-being, and social development of the child. In doing so, family law judges can look to many different factors ”” including recreational marijuana use.

To be clear, recreational marijuana use will not automatically disqualify a parent from gaining custody. Instead, it may simply be a factor in the case. In considering this issue, the most useful comparator is alcohol use. While it is certainly legal to drink, alcohol use can still be in an issue in child custody/child visitation disputes. If evidence is presented that shows that a parent’s alcohol use (or alternatively, their recreational marijuana use) adversely affects their ability to provide stability and safety for their child, then that fact may be used against them in child custody proceedings.

Be Ready to Show You Can Provide a Great Environment for Your Child

If you are going through a child custody or child visitation dispute in Colorado, the most important thing that you need to know is that you must be able to show that you can provide a healthy, happy, and safe environment for your child. Colorado courts are primarily interested in what is best for the children.

Evidence of recreational marijuana use does not mean that a parent is irresponsible. However, if there is any evidence that the marijuana use can be linked to poor or inattentive parenting, then the marijuana use will become a factor in the child custody case. For example, if a parent got behind the wheel while intoxicated on marijuana or if they repeatedly forgot to pick up their child because they were smoking marijuana, that will be a major strike against them in any child custody or child visitation proceeding.

Contact Our Denver Divorce Attorneys Today

At Divorce Matters, our top-rated Lakewood divorce attorneys are committed to providing our clients trusted, reliable family law advice when they need it most. If you have questions about recreational marijuana use and divorce, we can help.

To set up a fully confidential family law consultation, please do not hesitate to contact our law office at (720) 580-6745. With locations in Greenwood Village, Lakewood, and Fort Collins, we represent clients throughout Colorado.

How Do Kids Change Divorce?

Conor Stewartson

When couples have children, a divorce becomes much more complicated. Even if you and your spouse are committed to an amicable separation, you will need to think through your post-divorce future for the sake of your children.

Come Up with a Parenting Plan

Children need continuing contact with both parents, and a judge will want to see a detailed parenting plan. At the outset, you should realize that a 50/50 custody split might not be realistic since one or both of you might decide to move. However, you should work out who the children will live with during the school year and decide:

  • When the non-custodial parent will have weekend visitation
  • How the children will split their summer vacations
  • Who the children will spend holidays and birthdays with
  • How you will transport the children to and from visitation, as well as when they will be dropped off and picked up

 

The more detailed your parenting plan, the better. Deciding issues ahead of time can reduce conflict later on. If you need help coming up with a parenting plan, you can consult with a divorce attorney who can advise you.

Discuss Child Support

Every child has a right to enjoy the fruits of his or her parent’s income. For this reason, child support is a right. The state has a formula it uses to calculate child support. You can visit the Department of Human Services website.

Child support also includes things like health insurance, medical expenses, and child care. Depending on your situation, you might need to pay extra to cover these costs. Parents should look at the total cost of raising the children and identify how they will pay those costs.

Stay on Your Best Behavior

It is perfectly understandable to feel depressed, angry and frustrated during a divorce. After all, a relationship you thought would last for life is now crashing to the ground. Nevertheless, parents must remain amicable if they want their children to flourish. This means never bad-mouthing your spouse when the children are around or trying to turn your children against their mother or father. Furthermore, trying to alienate your children could be used against you when it comes to determining custody.

Calm Guidance You Can Trust

Divorce is an emotionally turbulent time. You need trusted, experienced divorce attorneys in your corner. At Divorce Matters, our Lakewood divorce lawyers will help guide you through the divorce process step by step. Please contact us today to schedule your comprehensive, initial consultation.

How to Divorce Later in Life

How to Divorce Later in Life

Divorce is not only for the young””and its popularity for older Americans is growing. According to statistics compiled by the National Center for Family and Marriage Research, divorce after age 50 is twice as common today as it was in 1990, and divorce for those 65 or older is even more common. If you are planning on divorcing later in life, you should follow these tips.

Remain Sensitive to How the Divorce Affects Your Children

Couples sometimes stay together until their children graduate high school or college, but nothing magical happens at 18 or 22 that makes divorce easy for your children to accept. Even older children might struggle emotionally with the separation. It is simply a fact that our marriages serve as role models for our children and grandchildren, and when the model marriage blows up, you can expect your children to think they are staring into a crystal ball.

Remember to avoid asking your children to be mentors, therapists, or mediators during the divorce process. Children, even adult children, should not be asked to pick sides. For that reason, be careful about what reasons you give for divorcing. Your children do not need to know every detail of what you find disappointing in your spouse.

Talk to Someone about Your Emotions

One of the benefits of being older is less sensitivity to what other people think. Young married couples might avoid therapy because of the stigma that still attaches to talking with a “shrink.” However, you might be surprised at how deeply the divorce affects you. To work through your emotions, schedule therapy, individually or as a couple.

Among the most powerful emotions is a fear of being alone. Of course, by divorcing, you open up to the possibility of meeting someone new. You might also discover a hidden reservoir of independence that makes being alone past 50 an exciting experience.

Realize Your Ex Will Remain Part of Your Life

Young people without children might be able to split and never see each other again, but it is less likely for older couples who have been married for decades. If you have children and grandchildren, you will see your ex-spouse at family holidays and events. Even if you are childless, you probably have the same friends and belong to the same organizations. It is inevitable that you will run into your ex at some point.

Speak with an Aurora, Colorado Divorce Lawyer

In addition to the emotional aspects, divorce carries legal ramifications that you should be aware of. At Divorce Matters, we have handled countless “gray” divorces, and we are here to assist you, too. Please call us to schedule your free consultation, 720-580-6745.

 

What Is An Uncontested Divorce?

By Divorce Matters Attorney Ashley Balicki

Uncontested Divorce: This is when the parties have an agreement as to all issues in the divorce, including but not limited to: division of property, maintenance, parental responsibilities, and child support. In these cases the attorney can only represent one party but can draft all of the necessary documents to initiate and/or finalize the divorce. This is very common in the family law practice.

  • The parties do not have any disagreements but need someone to draft the necessary paperwork to initiate and finalize a divorce;
  • Only one party may be present for the initial consultation and only one party may hire the attorney (the attorney cannot represent both parties due to the ethical rules);
  • After one party retains the attorney can then speak to and meet with both parties simultaneously in order to draft a Separation Agreement;
    The attorney can only provide legal advice to the spouse that is his or her client and cannot provide legal advice to the other spouse.

Questions to ask:
Is either party represented by an attorney?
Has anything been filed?
Is there a full agreement as to all issues?

If you think your divorce will be uncontested, it is a good idea to consult with an attorney to make sure you understand all aspects of a divorce. Contact us if you have any questions.

Differences Between an Annulment and Divorce

When separation is on the horizon, couples must decide how they want to legally separate. In Colorado, married couples can obtain an annulment or divorce, though an annulment might not be available to most couples.

Requirements for an Annulment

An annulment also called a “declaration of invalidity” in Colorado, legally renders your marriage invalid. Thanks to popular culture, many people assume that an annulment is a quick and easy way to end a short marriage. Actually, annulments are available in only limited circumstances, as spelled out in the state’s statute:

  • One or both spouses lacked the required mental capacity to get married. For example, they might have been high on drugs at the time of marriage.
  • One spouse lacks the capacity to consummate the marriage and the other did not know. For example, a husband might have hidden his impotence, which is an unwelcome surprise after the marriage.
  • One spouse was not old enough to get married.
  • One or both spouses married only under duress or as a dare.
  • The marriage is void for various legal reasons (incest, bigamy).
  • One spouse procured the marriage through misrepresentation or fraud that cuts to the “heart of the marriage.”

This last one deserves more commentary because it is so vague. The statute does not spell out what cuts to the heart of a marriage, but some examples include marrying so you can get a green card to stay in the country or lying that you are on your deathbed.

If you do not meet one of the above qualifications, then you cannot obtain an annulment. Instead, you will need to divorce.

Requirements for Divorce

There are very few requirements for a divorce. Basically, you must have lived in Colorado long enough so that the state will divorce you. Currently, the residency requirement is 90 days in the state. If you haven’t been domiciled in Colorado for that long, you will need to wait.

Colorado is a no-fault divorce state, meaning you don’t need to accuse your spouse of infidelity or mental illness to get a divorce. Instead, you can claim the marriage has broken down and you can’t repair it.

Why You Might Seek an Annulment

Given how easy it is to divorce, there are rarely situations where you will want to seek an annulment. However, some couples seek an annulment for religious reasons. Depending on your faith, you might face censure or embarrassment if you get divorced. With an annulment, the marriage has never happened, so you can avoid any unpleasant consequences that you fear.

Alternately, you might have lost rights to certain benefits after getting married or remarried. By seeking an annulment, you might be able to reestablish your right to those payments or benefits, which would be lost if you only divorced.

Seek Counsel from an Experienced Colorado Divorce Attorney

If you are contemplating divorce or annulment, we are here to help. The Fort Collins divorce lawyers at Divorce Matters understand the intricacies of both annulment and divorce and can help you end your marriage as efficiently as possible. Schedule your consultation with us today by calling 720-580-6745.

When Can I Stop Paying Alimony?

In many cases, upon divorce, one spouse may be ordered to pay alimony to the other for a set period of time. To be sure, alimony is given from one spouse to another in order to balance out things financially. Ultimately, the goal of alimony is to help the lower-earning spouse move forward after divorce in a similar position as before.

Alimony laws vary from state to state. In Colorado, neither spouse has the right to automatically receive alimony. It is something that must be requested and approved by the court. Under Colorado law Section 14-10-114, C.R.S., the court looks at many factors to determine if a person is eligible to receive alimony. These factors include financial resources, required education or training, the length of the marriage, the age and health of both spouses, the standard of living the spouses enjoyed during the marriage and the income of the spouse who would be required to pay alimony.

Those married for long periods of time are more likely to receive alimony than those married for just a few years. In fact, Colorado does have guidelines in place for marriages lasting three to 20 years. For example, for a marriage lasting three years, the amount is 31 percent of the gross income of the payor for a term of 11 months.

Alimony Lengths

There are two main types of alimony that a court can award: rehabilitative and permanent. Rehabilitative alimony is given to spouses who have the ability to work, but may require a few years of training or education. In these cases, alimony would not last forever. The judge may order alimony for a set period of time, such as three to five years. This would give the spouse enough time to get back on his or her feet following the divorce.

Permanent alimony is awarded in cases where one spouse is unable to work, due to a disability or advancing age. A judge may also award alimony after a long-term marriage (20 years or longer) when a spouse makes significantly less money than the other spouse. Permanent alimony may be awarded in a lump sum or monthly payments. Typically, it ends upon the death of either spouse, or when the recipient remarries. Again, though, the judge has the discretion to end the alimony payments at a certain date. If you wish to make adjustments to the alimony payments or eliminate them altogether, you must fill out the appropriate forms.

Reach Out to Our Englewood Alimony Lawyers for Help

Alimony amounts and durations vary widely, depending on the circumstances of both spouses. Some people pay alimony for a few years; others pay for the rest of their lives.

Alimony is used to balance out financial differences between the two spouses. If you think you may be entitled to receive alimony or want to know more about the process, contact the Englewood divorce lawyers at Divorce Matters. We can assess your case and look at all the factors involved. Schedule a consultation today. Contact us at (720) 408-6595.

Mistakes to Avoid During Mediation

Not every divorce is bitter and filled with hate. Some couples actually respect each other and want to end their marriage in an amicable manner. For this reason, many people choose mediation. Mediation allows both parties to come to mutual agreements based on compromise and negotiation.

Mediation allows the couple””not a judge””to choose the terms of their divorce. This allows both parties to get what they want, to some degree, instead of a court decision making everyone unhappy. The couple works out the issues of their divorce with help from a divorce mediator. A mediator is a neutral third party who is there to answer questions and move along the process. Mediation is a healthy alternative to an expensive and lengthy court battle, especially when children are involved.

Like most processes, though, mediation needs to be done the right way. If you come into it with the wrong attitude, you’re only going to delay the process and make things worse. At this point, going to court will be your only option, and this will mean more money out of pocket. You can avoid this fate by taking note of these common mistakes.

Avoid These Common Mistakes

Mediation is supposed to be a healthy alternative to a courtroom divorce. But it’s not easy. You need to do your part to make it work. The first thing to remember is to keep an open mind. Don’t be difficult. Come ready to listen to the other spouse and the mediator.

Many couples make the mistake of coming into a mediation session ready for battle. You need to be able to communicate in an effective manner as well as negotiate and compromise. If you come into mediation ready to argue and not willing to budge on anything, you’re setting yourself up for disappointment because mediation is not going to work.

You want to keep things civil. Avoid bad-mouthing the other spouse or calling him or her names. This is not a good way to settle on important issues.

If children are involved, focus on their needs, not yours. The goal is to ensure the best interests of the children are in mind. Children thrive when they have both parents in their lives. It’s selfish to think of your needs only or try to take your children away from the other parent. Try to come up with plans that benefit everyone involved.

Another common mistake is showing up to mediation unprepared. Ideally, you should have several plans or solutions in place. Don’t just show up and expect to wing it. The other spouse will likely have concerns and you will need to be prepared to address them.

Let Our Lakewood Divorce Lawyers Help You Today

Mediation can be useful in helping move a divorce along and help you achieve a favorable outcome. However, it needs to be done the right way or it can make a situation even worse.

Whether you’re considering mediation or other options for your divorce, get trusted advice from the team at Divorce Matters. Our experienced Denver mediation professionals can help you achieve the results you desire. To learn more, contact us today at (720) 408-6595.