Colorado Divorce Lawyers
At Nexus Family Law Group, our team recognizes that divorce is a deeply emotional and challenging process that affects all individuals involved. With a thorough understanding of the complexities associated with divorce, our Firm is committed to offering compassionate and effective legal representation to assist clients through this difficult time.
Colorado is a no-fault state, which means that the Court will not consider alleged marital misconduct of either party when determining the equitable division of property,such as infidelity or abuse. However, while fault is not a determining factor in divorces, the other complexities of divorce cases can require significant legal navigation.
Divorce cases involve considering each spouse’s unique priorities and circumstances, which can lead to disagreements on crucial matters such as property distribution, custody, and child support. As top-notch Colorado divorce lawyers, we know the stress that seeking legal assistance during this period can bring and strive to provide a smooth and stress-free process. We will inform you of your legal rights and available options and represent your interests in negotiations and courtroom proceedings. You can trust that Nexus Family Law will advocate for your goals throughout the divorce process.
Decree of Divorce / Decree of Dissolution of Marriage
In Colorado, the court can issue a decree of divorce when the marriage is irretrievably broken. This means that the marriage has broken down to the point where reconciliation is not feasible. If one party believes the marriage is irretrievably broken and the court finds evidence to support this claim, a decree of divorce may be granted. Additionally, if both parties agree that the marriage is irretrievably broken, they may be able to obtain a divorce through a simplified process known as an uncontested divorce.
The district court shall enter a decree of dissolution of marriage or a decree of legal separation if:
- At least one party was domiciled in the state of Colorado for 91 days before the commencement of the proceeding.
- The court finds that the marriage is irretrievably broken.
- The court finds that 91 days or more have elapsed since it acquired jurisdiction.
Issues the Court Addresses as Part of Divorce Proceedings
In Colorado, the court addresses six key issues as part of divorce proceedings to ensure a fair and equitable resolution for both parties involved.These are broken down into two main topics: (1) Issues regarding Property; and (2) Issues regarding Children. These two main topics are each comprised of three issues:
- Issues regarding Property:
- The determination of what constitutes “Marital Property”, including all assets and liabilities of the parties incurred during the marriage;
- The determination of the equitable division of the Marital Property between the parties; and
- Spousal Maintenance (Alimony).
- Issues regarding Children:
- Parenting Time;
- Decision-Making; and
- *The word “Custody” is sometimes utilized as an all-encompassing term to describe both parenting time and decision-making
- Child Support
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Property Division
In the state of Colorado, courts follow the equitable distribution principle when it comes to dividing assets in divorce cases. This principle ensures assets are divided fairly based on various factors, rather than being split equally between the parties involved. The court’s objective is to distribute the marital property in a manner that it deems just, without taking into consideration any marital misconduct that may have occurred during the marriage. This approach aims to achieve a result that’s perceived as equitable and reasonable, aligning with the best interests of both parties involved in the divorce proceedings. The court will consider all relevant factors, including:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker
- The value of the property set apart for each spouse
- The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time
- Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes
Marital Property Versus Separate Property
Marital property in Colorado refers to any assets and debts acquired by either spouse during their marriage, regardless of how the asset or debt is titled. This includes income earned, real estate purchased, retirement savings accumulated, and other financial resources acquired while the couple was married. If you’re facing divorce proceedings, you’ll want a quality Colorado divorce lawyer to help ensure equitable property distribution.
In Colorado, property is legally defined as anything that holds exchangeable value or contributes to an individual’s wealth or estate. This encompassing definition includes a wide range of assets, such as real estate properties, personal possessions, vehicles, bank accounts, investment and financial holdings, stocks, and bonds, retirement benefits, stock options, tax benefits, business interests, contractual rights, mineral rights like oil and gas, water rights, and legal claims like personal injury cases.
Marital property includes most items and resources acquired during the marriage except:
- Property acquired by gift, bequest, devise, or descent
- Property acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent.
- Property acquired by a spouse after a decree of legal separation; and
- Property excluded by valid agreement of the parties.
Our Attorneys
Elizabeth Gregory
Member & Managing Partner
Yasaman Saeedasr
Member & Managing Partner
Frequently Asked Questions
How long does a divorce take?
When it comes to divorce proceedings, the length of time it takes for a case to be finalized can vary significantly based on numerous factors. In Colorado, the timeframe is regulated by a mandatory 91-day waiting period from either the date of a joint filing or the service of the responding party. This means the absolute minimum duration for a divorce case in Colorado is 91 days, but in reality, most cases tend to surpass this timeline. The complexity of the issues at hand and the level of conflict between the parties play crucial roles in determining the overall length of the divorce proceedings.
Do we have to separate before divorce?
No. In Colorado, spouses are not mandated to separate before initiating the divorce process or finalizing their divorce, setting it apart from some other states that uphold a mandatory separation period. This legal framework allows couples the flexibility to navigate the divorce proceedings with a Colorado divorce lawyer according to their circumstances.
While some spouses may choose to physically separate before initiating the divorce process or while their case is in progress, others opt to continue residing under the same roof even amid a pending divorce case. The lack of a mandatory separation clause in Colorado divorce law acknowledges the diverse situations that couples may encounter during the dissolution of their marriage.
How Nexus can help
Every separation is a unique and complex process, and navigating a divorce can be incredibly challenging emotionally, financially, and legally. With the guidance of experienced legal professionals, individuals going through a divorce can ensure their rights are protected and the process is handled with care and expertise. Our team of attorneys understands the intricacies of divorce law and approaches each case with compassion and dedication.
Having skilled legal assistance is crucial in determining what types of relief the court may grant to you or your spouse during the divorce proceedings. Whether it’s determining child custody arrangements, dividing marital assets, or negotiating alimony, our attorneys will tailor their approach to best suit your specific circumstances. By seeking guidance from knowledgeable legal experts, you can navigate the divorce process with confidence and clarity, ensuring your rights and interests are safeguarded throughout the journey. Our divorce law practice covers a wide range of services.
Divorce Representation
We understand the complexities and challenges that often accompany the separation process, and we are dedicated to guiding our clients through each step of the legal proceedings with efficiency and expertise. Our team is well-versed in handling all aspects of the divorce process, including property division, child custody matters, and spousal support negotiations. As highly regarded Colorado divorce lawyers, we work diligently to ensure our client’s rights and best interests are protected throughout the divorce proceedings.
Child Custody
We understand the importance of maintaining a strong relationship between a parent and child. In our legal endeavors, we prioritize the well-being of the child above all else. Our team of experienced attorneys works with a strong commitment to mediating and advocating for child custody and visitation agreements that prioritize the child’s best interests.
Property Division
During divorce proceedings, our team diligently works to secure a fair and equitable distribution of property and assets for our clients. With our extensive experience in handling complex property division cases, we navigate various assets, including businesses, investments, and real estate, to protect our clients’ interests.
Spousal Support
With a deep understanding of the complexities involved in spousal support cases, we approach each situation strategically and personally to achieve the best possible outcome for our clients. Through meticulous preparation and skilled negotiation tactics, we work tirelessly to secure favorable spousal support arrangements that reflect our client’s needs and financial circumstances. We also help clients seeking to modify or terminate existing spousal support orders.
Why Choose Us?
At Nexus Family Law Group, our team recognizes the profound emotional impact of divorce on both individuals and families. With a commitment to providing unparalleled support and guidance through the process, our approach to divorce law is centered on securing the best possible outcome for each client. We understand that no two divorce cases are the same and devote time to comprehensively understand the intricacies of our client’s situations and apprehensions. Every Colorado divorce lawyer at our firm will craft personalized legal strategies that precisely address the unique needs of each individual.
If you’re in need of a divorce lawyer in Colorado, Nexus Family Law Group strives to alleviate the stress and uncertainty associated with divorce proceedings. By prioritizing open communication and empathy, we empower you to navigate the legal complexities of divorce with confidence.
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