Colorado Divorce: The Toughest Decision You May Ever Make
After many arduous and sleepless nights, finally reaching the difficult decision that filing for a divorce is the best option may be the most difficult choice you will ever make. The challenges you will face include highly personal ones, but they will also affect your children and your family as a whole. Divorce affects the entire family on a myriad of different levels, but the emotional and financial ones are usually the most pressing as you embark on the journey of divorce.
Understanding Your Rights and Options: Filing for a Colorado divorce in family court can be confusing and complicated. Our court system can be a labyrinth that is difficult to navigate for those who work outside of the legal system. When you have reached the decision to end your marriage, it is important to schedule a consultation with an experience family law attorney. A seasoned divorce lawyer will help you to understand your rights and options according to Colorado law.
Dividing Your Assets and Debts: Before you file for divorce, you will want to discuss many important financial issues with your attorney. You lawyer will answer your questions about income, debt, the division of marital property, and the issues that may arise regarding separate property. Colorado seeks to divide assets and debts in an equitable manner, and this will be an important component of your separation.
Parenting Time Considerations: Parenting time will also be an important item of discussion, and the allocation of parental responsibilities, which includes parenting time and decision making, must be explored in detail. While the Colorado courts will seek to rule in the best interests of the child regarding parenting time, the court will consider many factors under the law, but the primary consideration will be what is best for your children. It is important to remember that only you and your co-parent fully understand the details of what will work best for you and your children. So, if you can work together to agree on parenting time and the allocation of parental responsibilities, the plan you create together will be far better than having a judge who doesn’t understand all your family’s needs make these important decisions for you.
Overview of the Divorce Process in Colorado: A Colorado divorce case is initiated by filing a Petition for Dissolution with the court and having the other party served. The opposing party can then file a response. The Colorado court will then schedule an initial status conference, which is the first meeting of your case in a court of law. An initial status conference generally lasts from ten to fifteen minutes and is heard by either a Magistrate, Judge, or a Family Court Facilitator. If both parties to the matter cannot agree to an interim arrangement regarding matters pertaining to finances and parenting time, a court professional may set a temporary orders hearing. It is also possible for the family court to require that both parties mediate their divorce before the court schedules the hearing. Colorado has a mandatory 90-day waiting period before the court has jurisdiction to enter a divorce decree, and at the end of this period, the court can review the settlement agreement. If your agreement meets the court’s approval, then the court can enter the agreement as a court order. In other cases, the Colorado court may hold an evidentiary hearing to further explore the issues pertaining to your divorce case. Following the hearing, the court can enter permanent orders based on its findings and issue a decree that will terminate the marriage.
Conclusion: Having a domestic relations attorney representing your best interests in a Colorado divorce can make all the difference. When you and your soon to be former spouse are embroiled in divorce proceedings, the process can be emotionally challenging and you make not be thinking clearly. Having a strong and experienced lawyer on your side can help you to make the right choices for your future. Many people file for divorce without the assistance of family law attorneys, but they often make errors that can create difficulties for many years to come. If you are planning to file for a divorce in Colorado, consider beginning the legal process by scheduling a consultation with a highly skilled Colorado family law attorney. Elissa Bercovitz has over 20 years of experience and she can help. Schedule your free consultation now by calling Elissa Bercovitz at (303) 803-1678.
About Elissa Bercovitz
Elissa Bercovitz at the Bercovitz Law firm has a Colorado family law practice that is focused exclusively domestic relations matters. Elissa knows how to handle complex family law matters in the Denver Metro area and counties throughout the State of Colorado:
Elissa Bercovitz has experience with domestic relations matters related to the dissolution of marriage (divorce), legal separation, the allocation of parental rights and responsibilities (parenting time, custody, and child support), maintenance (spousal support/ alimony), paternity, step-parent adoption, relocation cases, the division of assets and debt, LGBTQ family law matters, post-decree modifications, and guardianship. Elissa also handles mediation for family law cases. Call 303 803 1678 now.