Frequently Asked Questions

Presented by a Denver Family Law Attorney

What are the grounds for a divorce in Colorado?

The only grounds for dissolution of marriage in Colorado are that the marriage is irretrievably broken. To file for a divorce, one of the parties must be a resident in the state for a minimum of 90 days before the filing.

How is marital property divided in a Colorado divorce?

If the parties cannot agree on how the marital property and assets should be divided then the court will rule on an equitable distribution. Equitable distribution does not necessarily translate to an equal distribution but to a distribution that the court deems fair and just based on a number of factors. These factors include what each party has contributed to the marital estate, including the contributions of a homemaker, the value of the property that is to be awarded to each spouse, the financial circumstances of the each spouse after the divorce, who will be providing the main care of any children involved, and other relevant factors.

What is the main difference between a conventional divorce and divorce mediation or collaborative divorce?

In a traditional contested divorce, the two parties retain divorce attorneys who argue their cases before the court so that the court can decide how such issues as child custody, property division, and spousal support will be settled. In divorce mediation or collaborative divorce, these issues are decided through negotiation outside of the courtroom which allows the parties to maintain more control over the divorce settlement terms, is faster, less costly, and less adversarial. Agreements reached between negotiating divorce parties through these alternative methods often last longer and result in a more positive experience than litigated divorce.

What do I do if I can no longer pay for maintenance obligations set up in my original divorce decree?

When your financial circumstances change, whether due to a change in jobs, a job loss, reduced wages, a costly illness or accident, or other support or financial obligations, you may wish to seek a modification of the court order regarding support arrangements that was originally made. This can be done by petitioning the court. A Denver divorce attorney at the Jones Law Firm can provide the legal assistance you need to handle this.

For more information about divorce and family law matters in the Denver area, contact a Denver Family Lawyer at the Jones Law Firm for a free consultation today.