Colorado Springs Divorce Lawyers2021-08-13T20:07:55+00:00

Facing the end of your marriage is not easy. It can bring up painful and complicated emotions and fears. Even worse, you may feel uncertain about how to proceed through the divorce process while protecting what you love and value the most.

If you are considering divorce in Colorado Springs, it is important to know that you are not alone. For every thousand residents in Colorado, 3.3 went through a divorce in one recent year.

Many couples choose divorce because they recognize the need to escape an unhappy or loveless marriage. Others divorce because of irreconcilable differences or betrayals. Unfortunately, many people feel as if divorce is a failure, which can be hard to accept. However, divorce is not the end of the road, and choosing your own happiness is not a failure.

At Liberty Law Center, we want you to feel supported throughout the divorce process. We believe that you deserve to be happy and free to create a new life, independent of your spouse. That is why we work quickly and efficiently to help divorcing couples move forward into the future in the best possible way.

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Differences Between Legal Separation and Divorce

Before you decide to go through with your divorce, you and your spouse may want to consider a legal separation. While similar in many ways, there are significant differences between them.

The primary difference between legal separation and divorce is that you do not dissolve your marriage, allowing couples to potentially work through marital issues before finally deciding to dissolve the marriage and move on with their lives.

The issues that the court decides on in a legal separation are almost entirely the same as a divorce. The Court will decide custody, child support, spousal support, and even divide assets and debts. You will still separate your lives as if you are going through a divorce. The fundamental difference is that you are not technically divorced, and it is possible to change your mind after the separation and come back together again if things are reconciled…or you can go ahead and finalize it as a divorce after the fact. Many couples choose legal separation as a stepping stone to a potential divorce or reconciliation.

Getting a Divorce in Colorado Springs

If you decide to terminate your marriage, you will need to go through the divorce process. In Colorado, there are specific requirements you must meet before you can begin the dissolution of marriage.

  • You or your spouse must be a resident of Colorado for at least 91 days.
  • You must also serve your spouse with a summons at least 91 days before seeking a dissolution of marriage.
  • The marriage is irretrievably broken.

Since Colorado is a “no-fault” state, you do not have to prove infidelity or abuse to get a divorce. You also do not need to obtain your spouse’s consent to seek divorce. You simply need to state that the marriage is irretrievably broken. This “no-fault” approach to divorce matters is considered to lead to more fair and reasonable outcomes for each spouse.

What are the Different Types of Divorce?

In general, there are four main types of divorce in Colorado:

  1. Uncontested divorce is when both spouses agree on the terms of their dissolution. They agree on how to divide assets and on child custody and other legal issues. This is the most amicable type of divorce and the most cost-effective. However, few divorces start as uncontested.
  2. Mediated divorce. When couples can’t agree, they can meet with a mediator to help them make decisions. A mediator is a third party that offers objective guidance to help the couple determine what is fair and equitable.
  3. Collaborative divorce. This type of divorce is common because both spouses obtain legal counsel to help them navigate through the divorce process. Both parties hire attorneys and then commit to resolving their case without going to Court.
  4. Litigated divorce. Sometimes, couples cannot agree on the details of their divorce. They may differ regarding alimony or child custody. When this occurs, the Colorado court system will hear the case and make a decision.

What You Need to Know About Alimony

“Alimony” is a concept that is often referred to as “maintenance” or “spousal support”. It is an order from the Court that one party must pay the other party some amount of money on a monthly basis. Maintenance is not something that happens in every case. It is dependent on a number of factors, namely:

  1. The income of each party.
  2. The duration of the marriage. If the marriage is less than 3 years in duration, the Court oftentimes does not award any maintenance (though it can). Additionally, the Court uses the duration of the marriage to determine the duration of support. The Court typically awards support for about half of the duration of the marriage, though very short marriages and very long marriages are treated slightly differently.
  3. The financial needs of each party. IE – can the payor afford to pay spousal support? Does the payee need spousal support?

There is more nuance to the maintenance consideration, and depending on your unique situation the rules above may not apply… or may apply differently. It is important that you speak with an attorney about your situation to determine how the guidelines apply to you, and what arguments may be made regarding the guidelines.

How do you file for alimony?

Colorado recently passed legislation affecting alimony. Now, family court judges have direction on how to allocate alimony better. Filing for maintenance can be complex. As such, it is advisable to contact a lawyer from Liberty Law Center immediately to begin reviewing your case. If you wish to seek and file for alimony, we can help.

Is alimony guaranteed?

Alimony is never guaranteed. Many considerations go into a decision on alimony, including the supported spouse’s age, health, financial resources, ability to earn and income capacity, and the paying spouse’s ability. A judge may utilize a statutory formula for determining the amount of maintenance that looks at the parties’ income and the length of the marriage.

Child Custody During a Divorce

child custodyCouples with children face additional hurdles and obstacles when seeking a divorce. Child custody issues can quickly become contentious when parents can’t agree on parenting issues. Who spends the most time with the children? Who makes medical decisions for the children? How will holidays work? These are all questions that must be answered in parenting plans and custody agreements.

Couples trying to navigate through their divorce can find that child custody matters increase the tension and hostility. As such, it is crucial to seek a family law attorney to help you through this difficult time. At Liberty Law Center, we can protect your parenting rights and safeguard your future every step of the way. We know you want what is best for your children, and we can help you achieve that.

Want to learn more about child custody? Check out our blog posts on child custody.

Do I Need an Attorney to Get a Divorce in Colorado?

The short answer is no. You do not need an attorney to get divorced in Colorado. However, you may not adequately protect your rights or your assets without one. Many do-it-yourself divorce kits fail to consider issues like pensions, retirement accounts, and life insurance. You may lose your kids’ time or custody or find that you agreed to something that wasn’t in your best interest.

The most important thing to know is that if you go without an attorney, and a mistake is made or an issue is missed, or misunderstood by the judge, it is oftentimes too late to hire an attorney to correct things. When the order comes from the judge’s mouth, it becomes very difficult to challenge it or to change it (though it is possible!)

At Liberty Law Center, we know how challenging and complex navigating a divorce can be, and we are here to help you through the process each step of the way. We are a small firm that personalizes each case we handle, and we have a strong reputation for being knowledgeable, ethical, and respected across the entire state of Colorado.

Divorce Process  Questions

How do you start the divorce process?

In Colorado, you can start the divorce process by speaking with a divorce attorney at Liberty Law Center. This is the fastest and easiest way to begin the process of dissolving your marriage. Our lawyers are ready to start working on your case quickly, saving you both time and money in the long run.

How much does it cost to file for divorce in Colorado Springs?

When filing for divorce, the Petition fee is about $200, the main fee associated with filing for a divorce. There is also a fee to serve the other party, and there are other filing fees with each document that you file. These fees can add up, but by the end of the case may end up costing about $500 (depending on the specifics of the case). Our lawyers can help review your case and give you a better idea of the costs you may expect.

How long does it take to get divorced in Colorado?

The duration of divorce is highly variable. It depends on the complexity of the case, and whether or not the case is contested.

If you and your soon-to-be ex-spouse are able to work together to negotiate a settlement of the case, it can be reasonably quick and (relatively) painless. However, oftentimes with the raw emotion of a divorce, one or both parties are not willing or not able to compromise and negotiate. This very often leads to a longer and more complicated divorce.

A divorce must take at least 91 days. Even if you have everything settled and wrapped up with a pretty pink bow… you have to wait the full 91 days. The Courts sometimes call this a “cooling off” period, the idea being that you may use that time to reflect and reconsider and choose to stay married. This clock begins the day that you serve your spouse with the petition for divorce after it has been filed with the Court.

 

That said, a divorce very commonly takes longer than 91 days. If there are any issues that cannot be resolved through negotiation, the parties will require the Court to decide those issues. Unfortunately, the court system is slow. A contested divorce can regularly take 6-12 months.

An experienced attorney, like those you will find at Liberty Law Center, can deftly navigate the potential hurdles in the legal system. An experienced attorney can help resolve issues via negotiation, and if they must be heard by a judge, this attorney can help get the wheels in motion faster, get you in front of a judge faster, and get this chapter of your life closed faster.

How do you serve divorce papers?

You cannot serve the documents yourself. A disinterested party, over the age of 18, may serve the documents to the other party. The easiest way to serve your spouse with divorce papers is to use a private process server or the sheriff’s department. You can also call our law firm and let us handle this for you.

What if you can’t find your spouse?

If you can’t find your spouse, you must file a motion with the Court to serve your spouse by publication. The Court tends to not favor this approach, and requires you to make sure that you have exhausted all options prior to serving them via publication. At Liberty Law Center, we can help you explore all of the avenues to find the spouse, to ensure that the Court allows this method.

How do you respond to being served divorce papers?

If you are served divorce papers, you only have a specific amount of time to respond. Call our law firm immediately to begin exploring your options. We can protect your future and safeguard your assets throughout the process.

What are things to consider before filing for divorce?

When filing for divorce, you need to make sure you have the Petition for Dissolution, Case Information Sheet, Summons, and any fee waiver document you have. You must then submit an Affidavit before serving your spouse. The paperwork required for filing for divorce can be overwhelming. For this reason, it is important to seek legal guidance. We can help you through the process and make sure you aren’t missing things that could be vital to your happiness and your future.

Is there a waiting period for a Colorado Springs divorce to be finalized?

If you are legally separated in Colorado, you must wait six months before you can pursue a divorce. Once you file the Petition for divorce, the judge can grant the divorce in as little as 91 days. However, it often takes longer.


colorado springs divorce lawyerThe Best Colorado Divorce Lawyers are Right Here in Colorado Springs

Divorce in Colorado has its own set of rules, as every state has a unique stance on approaching the subject of the legal aspects of ending a marriage. Liberty Law Center will give you solid legal counsel, making sure that you go into your divorce mentally and legally prepared for what’s ahead of you. With proper knowledge comes true empowerment, which makes the process a little less overwhelming.

So what does that mean for you as you go through a divorce in Colorado Springs, Colorado?

First off, we will give it to you straight. We won’t give you false promises or bogus information, and we will help you understand the divorce process in Colorado. Divorce comes in all sorts of shapes and sizes, and there is no one-fit-all strategy. Every single couple or family brings unique challenges and questions to the table.

Whether you are a couple with children looking into child custody laws, wanting a military divorce, or curious about alimony laws, we can walk you through the different types of divorces you can experience, what the process is for a divorce in Colorado, and what to expect throughout the process of your divorce.

We Are Here to Help

You don’t have to do it alone. Liberty Law Center Divorce Lawyers has represented thousands of clients over more than three decades, and you can be sure that you will receive the individualized attention that your divorce case deserves.

We are proud to offer legal guidance and assistance to families in Colorado Springs, Castle Rock, Pueblo, Teller County, and throughout Southern Colorado. Complete a form or call today 719-578-1183Call us or complete a form and let us see how we can be your advocate in the divorce process because Liberty Law Center is here to help.

More Divorce Frequently Asked Questions

What is the Residency Requirement?2021-03-16T22:13:56+00:00

Just because you’re in Colorado doesn’t mean you can get divorced here. There are a few stipulations. One of the spouses must have been a resident of Colorado for at least 91 days prior to filing the petition, and if the case concerns a minor child, the child must have resided in Colorado for at least 182 days.

What is qualified domestic relations order (QDRO)?2021-03-16T22:35:24+00:00

 A court order that gives a spouse’s retirement fund to the other spouse.

What is Property Division in a Colorado Divorce?2021-03-16T22:17:00+00:00

If a couple can agree on how to divide their property, they can confirm their agreements in a written document called a “separation agreement.” If spouses can’t agree, a judge will decide how to divide their property at a permanent or final orders hearing.Another aspect to Colorado being a “no fault” state is that the court will divide all property in what is called equitable distribution without regard to marital misconduct. This means that even if one spouse has committed a serious offense like domestic violence, the court will not use financial orders to compensate for wrongs that occurred during the marriage.

The Colorado court will distribute the shared assets of a couple in a manner that considers all relevant factors, including the contribution of each spouse to the marital property, the economic circumstances of each spouse, and if children are involved. If there is property in another state, then a Colorado court doesn’t have the right to get involved unless both spouses give personal jurisdiction to Colorado

What is collusion?2021-03-16T22:33:18+00:00

An agreement that there have been false, untrue charges brought up by both parties to accomplish a goal in court. This illegal agreement may happen between a husband and a wife, for example, if they both agree to use adultery as a way to quicken the divorce process when adultery never happened.

What is an annulment?2021-03-16T22:32:23+00:00

A legal proceeding in which the marriage is declared void, as if a marriage never existed in the first place. This option is only available to very specific circumstances.

What is Alternative Dispute Resolution (ADR)2021-03-16T22:31:22+00:00

ADR measures to resolve marital issues without going to trial. These alternatives include things like mediation and arbitration.

What is a common law marriage?2021-03-16T22:34:02+00:00

A legal acknowledgment of two consenting adults who live together for a designated period of time (as determined by the state), after which they are considered to be common law married. Most states recognize common law marriage.

What if One Spouse is No Longer a Resident of Colorado?2021-03-16T22:14:27+00:00

The Court must have personal jurisdiction over both parties in order to divide property, allocate debt, order maintenance and enter orders regarding children for parental responsibility, parenting time and support.  If the other spouse no longer resides in Colorado, the Court can obtain personal jurisdiction if the non-resident spouse files as a co-Petitioner, waives service, is served in Colorado or had maintained a matrimonial domicile in Colorado.  If the other spouse’s whereabouts are unknown and can’t be served,  service can be accomplished by publication.  There must be a showing of diligent efforts to serve the other party before the Court will approve publication.  In this case, the Court may only grant a decree of divorce and any other issues will be reserved until personal service can be accomplished.

What if I can’t find my spouse?2021-03-16T22:30:41+00:00

You must make reasonable efforts to find your spouse. Once you have filed the Petition for Dissolution of Marriage with the court, a disinterested person over the age of 18 may serve the Petition on your spouse. Learn more about how to file for divorce if your spouse is missing.

What Are The Grounds for Divorce?2021-03-16T22:15:50+00:00

Colorado is called a “no fault” state, which means that you don’t have to explain to the court the reason behind your divorce, only that the marriage is “irretrievably broken”.   In the past, if a spouse wanted a divorce, he or she had to prove that the other spouse had a reason for divorce—such as adultery, abandonment, or dangerous behavior. . This “no fault” approach to divorce matters is considered to lead to more fair and reasonable outcomes for each spouse

What About Alimony?2021-03-16T22:17:55+00:00

Maintenance or alimony is another issue to consider. Maintenance may be awarded if the Court finds that a spouse lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition makes it inappropriate for the spouse to seek employment out of the home.  Maintenance may be awarded on a temporary basis until the final orders hearing.  A court can also order long-term alimony awards if the lower-earning or unemployed spouse can prove that they need it (for example, if they don’t have the job skills or are caring for very young children).  Many considerations go into a decision on alimony, including the supported spouse’s age, health, financial resources, ability to earn and income capacity, and the ability for the paying spouse.  A judge may utilize a statutory formula for determining the amount of maintenance that looks at the income of the parties and the length of the marriage

Do you charge a consultation fee?2021-03-27T16:36:17+00:00

We offer Free Consultations on DUI, Criminal, and Traffic cases. Please call for our consultation fee on Family Law, Divorce, and Child Custody cases.

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