Divorce is always a challenging experience both for you and your family. Getting legal advice from a divorce lawyer can make this process much easier. Working with an experienced team of divorce lawyers and real estate attorney helps you meet court demands thoroughly and protects your best interests in issues of child custody, child support, alimony, or complex property division.
A dissolution of marriage requires a thorough exchange of information and legal forms, which can be challenging to complete on your own, especially as emotions are running high. These forms include a Petition with the Court, a Summons, and financial records such as an affidavit of financial affairs, W-2s, income, and tax return information. Therefore, it is best to hire a good family law divorce attorney.
Is Colorado a 50/50 State Divorce?
In Colorado, marital property is not divided on an even basis; rather it is divided on an equitable basis. The courts in Colorado look at various factors before determining. A top-rated family divorce lawyer will answer all your questions. The procedure of division of property during a divorce is stated under Section 14-10-113 of the Colorado Revised Statutes. This applies to the marital property acquired during the marriage.
How is Alimony Calculated in Colorado?
Alimony is a payment that is made by a higher-earning spouse to ensure that a lower-earning spouse isn’t deprived during or after a divorce. Colorado law allows judges to use a formula to determine the right amount. It allows a monthly payment to the lower earner. The amount is 40% of the higher earner’s monthly income, but it is adjusted gross income minus 50% of the lower earner’s adjusted gross income. Our divorce law firm provides you a chance to fight for the rightful alimony.
Understanding the Divorce Mediation Process
The divorce process follows a few steps. If you and your spouse agree to all terms, you will have to wait for a 90-day-period for the dissolution of marriage. You can file a joint petition if you both agree on most of the terms. However, if you can’t agree then you should immediately seek advice from your attorney. This way, you will file the petition and serve it to your spouse. They will have 21 days to respond. Within 42 days of filing the petition, the attorneys and spouses meet the judge for an initial status conference. Colorado requires both spouses to exchange all financial information within 42 days; the rule is known as "Rule 16.2 disclosure" and at this time parties can ask for a temporary order hearing. If the parties don’t agree then the case will go on permanent orders hearing, known as a trial. An experienced lawyer can help you throughout the process of divorce mediation.
Note that a military family can also request the help of a specialized military divorce lawyer.
Colorado has established special divorce mediation procedures for such cases. They require a Sorenson hearing [In re the Marriage of Sorensen, 166 P.3d 254 (Colo. App. 2007)] as to when a guardian ad litem is to be appointed for the mentally challenged spouse. The courts require a special review of any settlement or the outcome. The divorce lawyers at Carlson, Edwards, and O'Connor have experience in Sorensen hearings and Sorensen-type cases.