Frequently Asked Questions - Divorce

A divorce is a legal end to a marriage and the process starts by filing a petition for divorce. An individual can only file for divorce in a state where he or she or the spouse resides. Next, you have to provide your spouse a copy of the filed papers. There is a 90-day waiting period in Colorado before a divorce can be finalized. Though most divorces take longer than the minimum period of time.

Each case is different. The level of cooperation or conflict between the parties is a substantial factor in the cost. Complexity also dictates cost. The more assets there are, the more complex the case. Hourly rates for divorce attorneys in Colorado average between $250.00 for a new attorney to $400.00 per hour for a senior attorney in a large firm. Handling the case yourself could lead to poorly drafted agreements that have to be litigated and fixed later. It is best to get it right the first time.

If the parties can reach an agreement, there are certain situations where they can submit the agreement/s to the court and never have to appear. This is true with a property settlement or a matter involving children where both parties are represented by counsel. Mediation is a frequently used method to attempt to reach agreement. Some mediators with legal training can provide perspective on how a court might rule on the matters in dispute, and also draft a memorandum of understanding if there is an agreement.

In addition, if your divorce is uncontested and you and your spouse do not have children or significant assets, it may be possible to file all the necessary divorce documents and finalize your divorce without having to appear in court.

Colorado requires full financial disclosure so that the parties can knowingly reach an equitable agreement on asset and debt division as well as on support matters. Sanctions can be imposed on those who hide assets and a property settlement can be reopened for five years after a court order in the event of fraud or concealment.

Through substituted service it is possible to divorce without knowing where a spouse lives, however the court will not be able to order support or divide out of state property. Before filing a motion for substituted service of process you will have to make diligent efforts to locate your spouse. If service is approved, then notice is published in a local newspaper.

Colorado is an equitable distribution state. Equal is always equitable, however property and debt division do not have to be completely equal. After all, not everything can be split right down the middle.

An attorney can guide you through Colorado Springs divorce and family law matters by negotiating, mediating and litigating. This allows you to focus on moving forward to a better future rather than on spending your time trying to figure out the overly complex court system. Colorado Springs Divorce and family law matters are difficult to navigate alone. The court system is more complex than it should be. Change can be stressful, however it can lead to a better future. Janko Family Law Solutions helps ensure that your best interests are protected and that you are aware of your legal rights and obligations.

Contact us at 719-344-5523 or complete our online form to set up a free thirty-minute informational consultation.