Divorce is a word that has far-reaching consequences, and many of them exact an emotional toll that can affect families for decades. When a couple decides to divorce, it sets in motion a chain of events that are all related, including issues such as spousal support, division of assets and who gets to live in the marital home until the process is completed. But if a couple has children, they must also grapple with issues such as child support, child custody, visitation rights, and how to protect their children’s well-being during the divorce.
In Colorado, you can get a divorce without having to show that one person is at fault due to actions such as adultery or abuse. To file a petition to dissolve your marriage, you can simply state that the marriage is ‘irretrievably broken.’ You must also have lived in the state for 90 days prior to the petition, should own a Colorado driver’s license or ID card, be registered to vote, and be eligible to pay taxes
Types of Divorce Issues We Handle
At Kinnaird & Kinnaird, P.C., we have spent 30 years helping families in the Colorado Springs area go through the divorce process, and in that time we have seen our fair share of challenges and triumphs. But we have also handled some common legal issues related to divorces, including:
- Common Law Marriage/Divorce – Couples that can prove that they meet the requirements of a common law marriage in Colorado, which includes living under the same roof, filing joint tax returns, and identifying themselves as married to friends and family, are entitled to the same rights in a divorce such as child support, division of property, and spousal support.
- Military Divorce – There are some different challenges in a military divorce, including where to file (can affect division of military pension), how delays for a spouse in active service is handled, and the options that the spouse who isn’t in the military has when it comes to health care after the divorce.
- Uncontested Divorce – Also known as a ‘collaborative divorce,’ this is a process in which a couple has come to an agreement on all major issues of a divorce, and do not need to go to court. You still need an experienced lawyer in an uncontested divorce to ensure that all your rights are protected.
- Spousal Maintenance – This is based on a number of factors, and can create conflict between divorcing spouses who may feel that they are getting more or less than they deserve. When a judge decides on the amount of spousal maintenance, he or she will consider the length of the marriage, the financial needs of each spouse, and which spouse has the greater ability to pay.
- Division of Assets – This refers to how the marital assets are divided between each spouse in a divorce. In contested divorces, this is one of the biggest sources of conflict. Colorado law operates under the principle of ‘equitable distribution of property,’ which means a fair division that does not have to be equal for both parties. In general, any property you acquired during the marriage is subject to an equitable division, and marital debts acquired during the marriage are usually assigned to the spouse who has the greater ability to pay.
Divorce is not a decision you should take lightly, but once that decision is made, you must do everything possible to protect your rights, and that begins when you hire our firm to represent you. Please call us today to schedule a free consultation.