While many couples turn to divorce to end their lives together, some might find a viable option in a legal separat...Read more
Dealing with any legal matter in the court system can be stressful, costly, and potentially life-altering; however, matters of family law can be particularly intense and traumatic, as the core of one’s home life and support structure can change drastically and, likely, permanently. Separating from a former spouse, possibly not seeing your child as frequently as before and likely having to divide precious assets are among the issues that arise in family court. Complicating the legalities at hand can be the high-running emotions of one or both parties, which can create further conflicts that can significantly complicate family law cases in Aurora Colorado.
At CNL Law Firm, our Aurora divorce lawyers are skilled litigators with years of experience in handling various types of family law cases. While we are passionate about aggressively representing our clients’ interests in and outside of the courtroom, our family law lawyers also committed to working relentlessly to help our clients obtain the best possible outcomes for their cases. Although we will strive to work out resolutions to family law disputes that are agreeable to all parties involved in the matter, should a former spouse prove to be uncompromising or downright difficult, our Aurora family lawyers will see the matters all the way through the court process to ensure that our clients’ interests are fully protected.
Christopher N. Little is the managing attorney for CNL Law Firm, PLLC in Aurora, Colorado. His practice includes divorce, custody, child support, alimony, post-decree modifications, adoption, family violence, and other family law matters.
He firmly believes in fostering a wholistic client-driven atmosphere where clients are always heard, validated, and vigorously represented. Whether on the phone or in the courtroom, he consistently and passionately advocates for his clients’ interests.Full bio
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Colorado is a no-fault divorce state. This means that the marriage may be dissolved without needing to prove that one party is at “fault.” This also means that marital wrongdoing is irrelevant in a divorce proceeding unless there are child custody safety issues or financial wrongdoing that affects the marital estate. Either spouse may file for divorce without the other’s consent.
In the case of a Legal Separation, husband and wife can similarly separate their finances, domiciles, parenting time, but the marriage itself remains legally intact. Neither party is to re-marry without converting their Legal Separation to a Decree of Dissolution by the Court.
A Dissolution of Marriage is what is commonly called a “divorce.” At the end of the process, both parties will have divided their assets (including debts) with the help of their respective counsel. If there are children involved, there will need to be further agreements regarding parenting time, parental decision making, and financial support between the two parents. In a Divorce, the legal marriage itself is terminated and both parties are able to re-marry.
In Colorado, the minimum time between serving the Respondent (or joint filing) and being granted a Divorce Decree or Legal Separation is 90 days. Most divorces in Colorado will typically be completed within one year depending on the factual circumstances of each case. Contact our Aurora divorce lawyer for more information.
According to Colorado law, both spouses must provide the Court (and one another) with financial documents in order to best ascertain the value of assets obtained during the marriage. In other words, you must disclose all financial documentation, and then it will be up to the Court to decide what is “separate” property, and what must be divided between spouses. Even though your bank account is only in your name it is still going to be considered marital property if:
Marital debt is “equitably” distributed in the same manner as assets. Normally, the party who is allowed to keep a certain asset (say, a car or a home), will likely be responsible for the corresponding debt.
The house is a marital asset if it was purchased during the marriage. How marital assets are divided depends on the circumstances of your case. If you are able to keep the house in a division of assets, then you will also have to look at your ability to pay the mortgage and expenses. Maintenance (Alimony) may come into play depending on your circumstances. The question of keeping your house requires your attorney to review the facts and circumstances surrounding your current situation.
In Colorado you don’t have to get married to be legally married. If you are eligible to be married (i.e.; age of majority, not married to anyone else, mentally capable) then the court looks to a three-prong test to determine if the couple is married under common law. There is no waiting period in Colorado to be married under common law.
Does the couple:
CNL Law Firm, PLLC focuses on helping families regain peace of mind during legal circumstances.