Denver Divorce Attorney

As with most states, the length of the divorce process is significantly affected by the specifics of the case and whether it is contested or uncontested. The quickest it can be done is 91 days. Decrees of Dissolution of Marriage have a 91-day waiting period that begins once the respondent is served with the petition. Some cases may take significantly longer if they are contested and the couples fail to agree on key decisions within their divorce. Other couples may be agreeable and speed through the Denver filing process, in which case they will simply need to see the waiting period through before being issued their divorce decree.

Mediation is a way for a couple to resolve their divorce without having to go to court. Mediation is not only incredibly effective, but many people find meditation to be one of the best ways to settle a divorce. During mediation, the parties meet with a neutral mediator whose job it is to help them reach decisions and agreements over such issues as:

• Parenting time
• Child custody
• Property division
• Spousal support

It’s expected that the parties will disagree about certain issues. The mediator’s objective is to help the parties talk through their disagreements so they are able to effectively reach an agreement or settlement.

Anyone can benefit from resolving their divorce through mediation. That being said, mediation may not be for you if you and your spouse simply cannot get along or work together. In that case, you may be better off letting your attorneys argue your case in court. Mediation is a great alternative to litigation for those people who are willing to put aside their differences and come together to try and resolve their divorce. And those people who do use mediation to settle their divorce will find they will save time and money in the long run.

Divorce, legal separation, and annulment are all terms that refer to the end of a marriage. However, there are significant differences between these three options. If you and your spouse are questioning whether you should continue your marriage, it is important to understand these three options and what they mean. 

• Divorce: Divorce is the process of dissolving a marriage. Once a divorce has been finalized, the parties will no longer be legally married, and any of the rights, protections, and benefits they shared as a married couple will no longer be valid.
• Legal Separation: When a married couple is unsure of whether or not they want to continue with their marriage, the can legally separate and spend some time apart. This is a less dramatic step than filing for divorce, as the parties can easily resume their marriage if they decide they still want to be together.
• Annulment: An annulment is essentially declaring that the marriage is invalid. It’s much harder to annul a marriage than to get a divorce.

Anyone can get a divorce, but in order to get an annulment the parties must meet a least one of the following grounds:

• One of the parties was mentally incapacitated at the time of the marriage
• One spouse could not consummate the marriage due to a physical incapacity that the other spouse was unaware of
• One spouse was under the legal age of consent at the time of the marriage
• One spouse was married under duress
• One spouse was married to another person at the same time the new marriage began
• The marriage was incestuous
• The marriage was a dare or a hoax
• The marriage was based on fraud

Be sure that you fully understand these options, what they mean, and which ones you qualify for. This will save you a lot of time and effort. Speaking with a lawyer at Denver Family Lawyers about whether you should file for a divorce, legal separation, or annulment can further expedite the process.

Colorado is classified as a "marital property" state, meaning only property that is gathered during a marriage is divided in a divorce proceeding. This includes any debt acquired. 

Examples of marital property include:

• Real estate
• Investments such as stock and/or bonds
• Vehicles
• Personal property including pets

During a court proceeding, if both parties cannot come to a mutual agreement on which property should be divided, then the judge will award assets based on equitable division. This doesn't necessarily mean a 50/50 split, rather, it's based off of what is deemed most fair. Factors that influence equitable division include the length of the marriage and the income of each spouse.