Divorce Attorney | Miller & Steiert

Getting a divorce can be an emotional and stressful time, and there is a lot to consider. Colorado is a “no-fault” divorce state, so that means you can get a divorce without the consent of your spouse and that the reasons for your divorce don’t matter. A court can grant you a divorce as long as either you or your spouse has lived in the state for at least 90 days and the marriage is irretrievably broken. Before you start your divorce, learn about the process and some of it main aspects so you’re better prepared.

What will it cost?

Unfortunately, there is no way to determine exactly how much your divorce will cost. You do have options that are less expensive than going to trial, such as settlement talks and mediation. In mediation, a neutral third party will work with you and your spouse so you can reach an agreement. As with a divorce that goes to trial, you can get an attorney to help you navigate either process and protect your interests.

Is spousal support guaranteed?

Maintenance, also known as spousal support, isn’t part of every divorce case. When considering maintenance awards, the court will look at the finances of both spouses, what time is needed for that spouse to get an education or training that will help him or her get an appropriate job, and how the couple lived during the marriage. The physical age, health and emotional condition of the spouse seeking support is also considered, along with the length of the marriage. Spousal support is not meant to be permanent; it’s a short-term net so the receiving spouse can get back on his or her feet post-divorce.

What about child custody and visitation?

The standard in Colorado is what it is the best interest of the child, which may not necessarily be what you want. If you and your spouse can come to an agreement regarding parenting time on your own, through your attorneys, or with the help of a mediator, you will likely be more satisfied with the outcome than if you have to go to court and let a judge decide.

How much will the child support be?

Once the parenting time is decided, the amount of the child support will be determined. Colorado considers the incomes of both parents and the time each child will spend with each parent to determine child support, so there’s no instant answer regarding what the amount will be.

Will I need to go court?

There will be hearings and dates you will have to attend in court, and you may need to file paperwork on your own if you do not have an attorney. If you’re able to reach an agreement with your spouse through settlement negotiations and/or mediation, you should not have to go through a trial. While settlement discussions and mediation can hit bumps, these avenues are still generally faster and less expensive than going through a divorce trial. However, if you need to go to trial, it’s recommended that you have an attorney so you are fully able to protect your rights and interests.

Is an attorney required?

Hiring an attorney is not required for a divorce in Colorado, but it is something to seriously consider. Even a divorce that starts out friendly at first could turn into a nightmare, and the process can be complex and difficult to navigate alone. The longer a divorce drags on, the more stressful and expensive it tends to be. You need to consider your interests and the well-being of your children, if you have any, in a divorce, so it’s not an area when you can afford mistakes as both your immediate and long-term futures will be impacted.

Can I get the marriage annulled instead?

In order to get a marriage annulled, you have to show that it wasn’t valid to begin with. A marriage can be declared invalid under the circumstances covered below and in a few other situations.

  • The law doesn’t allow the marriage. If a person was already legally wedded to someone else when the marriage took place, that second marriage isn’t allowed by law.
  • One spouse lacked the ability to consent to the marriage because of mental infirmity or incapacity or the influence of an incapacitating substance, such as drugs.
  • One spouse was under the age of 18 and didn’t have consent from his or her parents to marry.
  • One or both spouses were under duress when they got married or entered into the marriage on a dare or as a joke.
  • One spouse is lacking the physical capacity to consummate the marriage, and the other spouse did not know about this incapacity at the time of the marriage.

The end of a marriage can be a scary time, but you don’t have to walk that road alone. Speak to an experienced family law attorney today for guidance and help.

If you’re going through a divorce or have questions about the divorce process, contact Miller & Steiert, P.C today. Our attorneys have successfully helped thousands navigate through this difficult and emotional time.

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