Divorce Law in Boulder, CO
Divorce has enough challenges without legal complexities adding to your stress. There are nuances to the law that can make the process smoother in Boulder. However, you may need an experienced professional to find and take advantage of them.
It is crucial to equip yourself with knowledge before making any decisions. This article will help you understand the intricacies and why hiring an attorney is wise.
Issues Involved in Boulder, Colorado Divorce Law
There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.
Dividing Property
One of the most challenging issues in the divorce law process is dividing property, debts, and assets. In many states, like Colorado, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition of property, which may not equate to a perfect 50/50 division of your property, debt, and other assets.
Child Support
Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing, and other basic needs.
In Boulder, child support payments are determined by guidelines that consider two vital factors. The state examines monthly gross incomes and how much time parents spend with their children. The calculation also factors in various expenses like health insurance or daycare.
Alimony
Alimony, or spousal support, can vary dramatically depending on the marriage, and Boulder, CO divorce law court looks at multiple factors when determining the amount and length of alimony, including:
- A spouse’s need and the other spouse’s ability to pay
- The age and health of each spouse
- The length of the marriage
- Each spouse’s earning capacity and level of education
- The division of property
- Parental responsibility of the children
- Sole investments and assets of either spouse
Alimony in Boulder falls into one or more categories: temporary, short-term, or permanent. First, the judge may mandate maintenance during the divorce proceedings. Upon finalization, they may order you to support your spouse provisionally or until death.
Child Custody and Visitation
Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.
Colorado Revised Statutes define some essential factors to identify the best interests of a child from Boulder. A local judge may consider anything they deem relevant. Nonetheless, the law directs them toward these types of considerations:
- Emotional, mental, and physical well-being
- The wishes of the child and parents
- The child’s relationship with their parents, siblings, and others
- Ability to provide for a child’s needs
- The parents’ willingness to cooperate
Generally, Boulder, Colorado courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care, and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.
The Process of Going Through Divorce Law in Boulder, Colorado
Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.
Step 1: File the Divorce Law Petition
The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:
- A legal reason for divorce (grounds for divorce)
- A statement that shows at least one spouse meets the state’s residency requirements for divorce
- Other statutory information your state requires
Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.
Colorado is a no-fault divorce state currently. One party from Boulder only has to assert that the marriage is “irretrievably broken.”
Step 2: Request Temporary Orders
The divorce law process in Boulder can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:
- Child custody
- Child support
- Spousal support
- Property restraining orders
- Status quo orders
Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.
Step 3: Serve Your Spouse and Wait for Their Response
If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts the service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third party who then records the proof of service.
Step 4: Try To Come to an Agreement
The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.
This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.
Step 5: Go To Court
If you and your spouse are unable to reach an agreement, then the case continues before a Boulder, CO judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.
Divorce cases from Boulder fall under the jurisdiction of the 20th Judicial District Court of Colorado. You may have to make an appearance in-person or online.
Step 6: Receive the Judgement of Divorce
The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody, and all relevant issues between the couple.
Work With an Experienced Boulder, Colorado Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Boulder divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Colorado state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
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