Colorado Divorce, Separation and Mediation Services
Since family law varies from state to state, many people hear various myths about Colorado divorce laws and the legal process within this state. Because divorce is a common issue throughout the nation, many people claim to be familiar with family law, while in fact they may only be aware of the laws pertaining to another state, or of Colorado laws that have since been changed. It is all too common to receive misinformation about family law from non attorneys and from attorneys who don’t specialize in divorce law . It is for this reason that if you are experiencing a family law matter in the State of Colorado, you will want to ensure that you hire an attorney who thoroughly understands all aspects of domestic law. Additionally, having an attorney who specializes in family law will give you the benefit of knowing that your attorney is up to date on the most recent laws and trends.
Divorce can be an extremely stressful process, especially when you are unable to reach an agreement and have to appear in court. When you are going through a divorce, we understand the difficulties inherent in the process, and will consider ways to settle the case that will reduce costs and result in a fair settlement to you. Coming to an agreement with your spouse allows you to have an active role in finalizing your case, eliminates the risk of going to trial and the uncertainty of a judge's orders, and reduces costs.
If you are unable to reach an agreement with your spouse and litigation is the only option, having an experienced attorney who will prepare you for your hearing and help you focus on the most important points is vital to the success of your case.
Legal Separation
Couples sometimes choose to file for a Decree of Legal Separation for issues that include health insurance coverage or for religious reasons. The Legal Separation process is virtually identical to that for divorce and the time involved depends on the case and the dynamics of the parties involved. The primary 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
"Maintanance" is the term used by Colorado courts to describe what other states call alimony or spousal support. 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.Please note that there are many factors that are considered when the courts rule on maintenance.
Common Law Marriage
In Colorado, 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. The amount of time they have spent together is rarely considered. A common law marriage depends on the individual facts of the case. If it it determined that you are not common law married and there are children involved, it is still possible to file an Allocation of Parental Responsibilities Action.
Colorado Divorce Mediation
If you and your spouse cannot reach a settlement agreement and you do not want a Judge make the final decisions, you can participate in mediation, where a trained and neutral third party will attempt to reach a settlement between the parties. Mediation takes place outside of the courtroom, and is a less formal and less expensive process than litigation. A good mediator will tell you where your case stands in relation to Colorado law and what a Judge might order, thus helping facilitate the settlement process. Parenting issues often arise after a divorce, and mediation can be a useful tool to resolve issues not addressed in your original case. Former law professor and attorney Margaret Walker is our mediator at The Harris Law Firm who can guide and counsel you through the mediation process. 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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