Home / Practice Areas / Family Law / Divorce

Highly Experienced Denver Divorce Attorneys

Do I Need a Lawyer if I Am Getting Divorced?

Elkus & Sisson attorneys In most cases, the answer is yes. Unless you and your spouse work out an “uncontested” divorce where every aspect is agreed upon after receiving full and transparent financial disclosures from the other Party. If not, then it is wise to hire an attorney who is genuinely willing to fight to protect your best interests.

Even if a party believes a divorce is uncontested, it is still wise to have an attorney review any potential agreement before signature to make sure the process is complete, both parties have disclosed financials fully, and that the agreement is fair and equitable.

The laws that govern divorce proceedings in Colorado can be difficult to navigate. An experienced Denver divorce attorney will help the process go as smoothly as possible. Your lawyer can also be an excellent source of information, advice, and support as you work through one of the biggest challenges you’ll ever face.

We will file a petition for dissolution of marriage and help you detail the grounds for which you are filing. When you hire us, we will help you build a divorce roadmap, and create a strategy that is unique to you and your situation to ensure all steps are achieved efficiently and properly.

Greenwood Village Divorce Lawyer Serving Denver, CO

Elkus & Sisson, P.C. are divorce attorneys in Greenwood Village located just a short drive from downtown Denver. Our address is 7100 E Belleview Avenue, Suite 101 Greenwood Village, CO 80111 (open in Google Maps). Call us today at (303) 567-7981 or fill out a contact form and we will call you to schedule an appointment to discuss your options for divorce.

Two Things to Consider When Filing for a Divorce

There are so many issues surrounding a divorce and it may be overwhelming. Below are considerations, questions, and advice on a lot of things you will need to think about. Here are two helpful additional articles that may help answer your divorce questions:

The Length of Time You Need to Wait Until the Divorce Is Final

In Colorado, you will need to wait a minimum of 91 days after the filing if you and your spouse filed together If you filed alone, you must wait 91 days from the date on which your spouse was served. Another thing to note is that in Colorado you or your spouse must live for at least 91 days in the state of Colorado before filing for divorce. If your spouse denies your claim that the marriage is irretrievably broken, the court could have a hearing on that issue although if one spouse wants the divorce, the Court will inevitably grant it.

Child Support

This is typically a highly emotional topic so it is crucial your attorney understands your situation and is willing to build a customized plan. If children under the age of 19 are involved in a divorce settlement, then child support must be considered.

Colorado uses a Child Support Worksheet which helps parties determine the appropriate amount of child support.

The data that is considered includes::

the amount of time the parent will be spending with the child
the income of each parent
expenses such as child care, education, and health insurance costs
other child support orders the paying parent has and any alimony that they pay or receive

The child support formula is based on the idea that the child should be financially supported to the same degree that they would be if their parents were married. The court generally assumes that parents will spend a set percentage on their children, based on how many children they share. The formula adds the parents’ income together, calculates how much would be owed from the combined amount, and then splits it based on each parent’s parenting time. At times, if the Court finds a sufficient legal basis to do so, it may deviate from these child support guidelines, if appropriate.

Spousal Maintenance

What Is Spousal Maintenance? Spousal Maintenance is also known as spousal support or “alimony,” but in Colorado, the correct term is “spousal maintenance”. Spousal maintenance is a monthly payment to your former spouse. Laws governing spousal maintenance vary from state to state so it is important to consult with an experienced divorce attorney with extensive experience in Colorado.

Factors Considered for Spousal Maintenance Payments

Earnings potential
Length of time the couple was married
Age and physical well-being
Standard of living the spouses enjoyed during the marriage
The ability for the paying spouse to fulfill the financial obligations
Child support received by the recipient
Assets given to the recipient during the divorce

The length of time a spouse is obligated to pay spousal maintenance is determined by the judge and is unique to each case. It can range for a set amount of time or until the death of the receiving spouse. In some cases, alimony can even be paid once as a lump-sum payment. For some payers, this can be less painful than making monthly payments for years. Payments can also be terminated if the receiving spouse is remarried.

The Courts use a Maintenance Advisement Worksheet which is a guideline for the parties and the Court to determine if maintenance is warranted. Usually, a couple must be married more than 3 years to get maintenance but this is still up to the Court’s discretion.

Spousal support calculations in Colorado are generally based on whether the couple’s combined income is less or more than $75,000 per year. When the couple’s total income is less than $75,000 per year, the court uses a complex calculation to determine whether or not the lower-earning spouse is owed alimony. When the couple’s total income is more than $75,000 annually, the judge has considerably more discretion in determining spousal support payments.

Allocation of Parental Rights of Children (APR)

This refers to allocation of parenting time and decision making of the minor children.

It’s important to note that while these terms are widely accepted and used in family law, Colorado does not use this same terminology. Rather than “custody,” Colorado uses “parental responsibilities. In lieu of “physical custody,” Colorado uses the term “parenting time”. Instead of “legal custody,” Colorado uses the term “decision-making responsibility.”

In general, the court prefers to allow both parents to have decision-making responsibility. However, they may allow one parent to have decision-making responsibility if the other has been abusive or has proven themselves incapable of making good decisions for their child.

Parenting time is an umbrella term that refers to both physical custody and visitation. As a general rule, the court would often like to see shared parenting time but the standard is always what is in the best interests of the minor children.

Who Gets Custody of the Children After a Divorce?

In all cases the goal is to do what is best for the children involved. Some factors that lead to determining who will get legal custody of a child may include:

Age of the child
The current and future environment of the child
The mental and physical conditions of each parent
Previous abuse (emotional or physical)
Drug or alcohol use of the parents
The preference of the child
Determining the primary caretaker of the child

It is crucial to remember that the court’s primary priority is always the best interests of the child.

Dividing Property

In Colorado, the law requires a resolution that is fair to both sides. It is possible for the divorcing couple to come to terms on their own. However, when there are many assets at stake it makes the most sense to hire an experienced divorce attorney to assist with property division.

Property division (property settlement) during a divorce case may be based on:

The income and financial situation of each person
Which spouse has legal custody of the children
The overall value of the assets or property awarded to each spouse
Future earning potential of each spouse

What Is the Difference Between Marital Property and Non-Marital Property?

Marital property refers to assets that were acquired during the marriage while Non-marital property refers to assets that were gained before the marriage. This can also be a complex issue, another reason to choose the legal services of Elkus & Sisson.

Dividing Up Real Estate in a Divorce

If you acquired a property during the marriage and you still have a mortgage on that property then there are several things you can do.

One thing to consider is listing the property for sale. However, depending on the housing market that might not be possible or desirable. This option is ideal if neither party wants the home and can cooperate long enough to prepare the home for showings and navigate the real estate deal.
Another option is to refinance the property so that sole ownership goes to one of the spouses. This takes the other spouse’s name off the property. This may not be optimal if interest rates are high or the spouse who wants the home cannot pay for it on their own.
You can also do nothing and the divorcing couple needs to jointly be responsible for making payments on the mortgage. This rarely occurs as courts prefer to divide assets and keep the parties from having to continue an entanglement that has proved to be difficult.

There can be a lot of assets at stake when real estate is involved so strong legal advice is important. If you’re struggling to figure out what’s best for you, you may want to start by looking at your parental responsibility agreement. For some couples, it makes sense for the parent with primary parenting time to keep the marital home for the sake of the children. They may even agree to keep the home until the children grow up and leave and sell it after that.

Can I Afford a Divorce Attorney?

Identifying Financial Resources During a Divorce

A divorce can be expensive, and knowing how you will support yourself through the divorce proceedings can provide some much-needed security and reassurance. Many people aren’t aware of what financial assets are available to them, but this information is what will enable you to budget and pay for a variety of professional services you need throughout your divorce.

Furthermore, it is always advisable to stay current with your bills and other payments throughout your divorce to ensure that you are not left in a precarious financial position after the divorce is finalized. Examples of financial resources that may be available to you include:

Stocks
Mutual Funds
Credit Lines
Mortgages
Real Estate investments
Savings and checking accounts

Still not sure if you can afford an attorney? Consider this: many people who choose to handle their divorce on their own ultimately end up hiring a lawyer anyway. There is a lot at stake during a divorce, and attempting to negotiate on your own could easily cost you tens of thousands of dollars in lost assets or a substantial loss of parenting time. Many people find that not hiring a divorce lawyer from the very beginning is more expensive than hiring one. If cost is a top concern for you, bring it up when you schedule a free consultation. You can find out if the attorney you’re considering accepts payment plans or other flexible options. If not, you can keep looking—remember, you’re under no obligation to hire the first lawyer you speak with.

Advice for Anyone Considering a Divorce

If you and your spouse are considering a divorce, here are some additional tips and considerations:

Try to give yourself and family time and space before starting a new relationship.
Be considerate of the emotional toll it will take on the children
Reach out for support amongst peers and friends
Get your financial records organized
Plan and budget for life after the divorce

Preparing for a Divorce Attorney Consultation

It is best to be as prepared as possible when you have your first consultation meeting with your divorce attorney. The best thing you can do is be upfront and honest about any questions you are asked. You will also want to have a list of questions prepared. Here are some examples:

Who will be working on my case?
Who will be making court appearances?
How much can I expect to pay?
Are there ways I can minimize the cost?
Do you have any references I can contact?
Who is my primary contact at the law firm?

Of course, you will want to come up with your own list but these are some things to think about as you prepare. View an in-depth article on how to prepare for a divorce attorney consultation.

It’s helpful to bring any relevant documentation to your consultation. Remember, this is your chance to give your potential attorney the full scope of your marital situation and ask all of the questions you have. You may want to bring financial records and proof of marital assets, communication between you and your spouse, any efforts to hide assets or withhold parenting time, and a list of your top concerns.

We Know That Divorce Is Never Easy

No one plans to get divorced, and at Elkus & Sisson, P.C., we acknowledge that this process will be a painful one. Our laws take a compassionate, collaborative approach that keeps your goals and your interests in mind.

For over 15 years, we have been representing individuals in the Denver and Rocky Mountain areas, and we always take the time to create long-term relationships with our clients.

To receive help with your divorce from an experienced divorce attorney, call Elkus & Sisson, P.C. at (303) 567-7981 or fill out a contact form now and we will reach out to you.