Colorado Springs Divorce Attorney
Providing Legal Support for Your Divorce Since 1998
Are you planning to file for divorce? The Colorado Springs attorneys at the Law Office of Greg Quimby, P.C. can help you navigate the complexities of the process.
Our attorneys understand that this is a stressful time for you and your family. Our father-daughter Colorado Springs family law firm comprises skilled attorneys, paralegals, and assistants who have helped many clients finalize their divorces favorably.
Does Colorado Springs Require Separation Before Divorce?
You must wait six months in the state of Colorado before the separated party can pursue separation legally. The waiting period will start when the separation decision is put in order and by the end of the six months that ex-spouse may file for divorce.
Each case is unique, so our divorce lawyers in Colorado Springs tailor their approach to your situation. Contact us today for a free initial consultation!
Why You Need A Divorce Attorney in Colorado Springs
During the annulment process, you will be tasked with making several important decisions. If you have children, you must negotiate custody arrangements and develop a parenting plan with information about visitation and access. If you and your spouse share assets, property, or debt, it must be divided equitably.
Our attorneys can assist with all aspects of your divorce, including:
- Initial paperwork
Some couples completely agree on the terms of their divorce about the major issues, while others need help negotiating a settlement. When possible, resolving important issues through negotiations or mediation can make the process easier and preserve relationships, which is helpful when raising children together. When issues can’t be resolved without court intervention, our divorce lawyers serving Colorado Springs can represent your interests in courtroom litigation.
What to Expect When You File for Divorce
If you are going through a separation, you undoubtedly have questions, concerns, and worries. At the Law Office of Greg Quimby, P.C., our Colorado Springs attorneys are here to provide the answers you are seeking. When you choose our law firm to handle your divorce, the first thing we will do is discuss what you can expect as you make your way through the process.
Whether you file for an uncontested divorce (called a "decree upon affidavit" in Colorado Springs) or a contested divorce:
- You can file for an uncontested divorce if you and your party agree on terms for all divorce-related processes, such as property division, child custody and support, alimony, etc.
- If you and your spouse disagree on any aspect of your separation, you must instead file for a contested divorce.
Colorado is a "no-fault" state, meaning that spouses need only cite that their marriage is "irretrievably broken" to file for divorce in Colorado Springs. However, if one party engages in behavior that facilitates the divorce, such as domestic violence or substance abuse, the judge will factor those acts into their ruling for the divorce.
To file for divorce in Colorado Springs, at least one spouse must have been a resident of the state for 90 days. Additionally, if you wish to file for an uncontested divorce, you and your spouse must have developed and signed agreements determining how you wish to divide property, handle child custody and support, and deal with spousal support.
In a divorce, there are two parties. The petitioner is the individual who files for divorce, while the other spouse acts as the respondent.
To file for an uncontested divorce:
- The petitioner must submit an "Affidavit for Decree Without Appearance of Parties" to their county district court clerk's office. They can also file a joint petition detailing the terms of the divorce they agreed on with their spouse. This essentially waives the rights of both parties to engage in a litigated divorce.
- The petitioner must then serve their spouse with a notice of the divorce through a third party individual such as a sheriff or process server. However, if parties file for divorce as co-petitioners, neither needs to serve the other.
- The court will examine the affidavit and the terms of the divorce that the parties have established. The judge presiding over the case may then ask the parties to appear in court for a hearing if they have further questions or immediately approve the divorce if they believe the terms are equitable.
After waiting at least 90 days after filing, the spouses can finalize their divorce by filing the "Decree of Dissolution of Marriage" form the judge will provide.
To file for a contested divorce:
- The petitioner must file a "Dissolution of Marriage Petition" with their county court. These forms contain information about the marriage and the petitioner's proposed terms for the divorce.
- The petitioner must serve the respondent with a notice of the divorce.
- The respondent can file a "Response" with the court detailing their own terms for the divorce.
- The parties and their lawyers can meet for an "Initial Status Conference," an informal meeting held in the courtroom where the parties can identify major disagreements to the judge.
- The parties must then disclose their finances, including separate and marital property, to the court and each other.
- The court may hand down temporary orders determining how the parties should handle issues such as custody or property division while the divorce is ongoing.
- If the parties wish, they can request documents or information from the other party to clear up issues or prepare for the permanent orders hearing.
- Finally, the court will hold a permanent orders hearing, the equivalent of a divorce trial. Both parties have the opportunity to present evidence to the court supporting their case or against the other party. The judge will use the content of the hearing to determine an equitable arrangement for both parties. Finally, the court will develop and sign an official divorce decree the parties can use to finalize the dissolution of their marriage.
While an uncontested divorce may take as few as 90 days to resolve, contested divorces can drag on for a year or longer as parties negotiate issues such as property division, child support and custody, and spousal support.
If you want to make navigating divorce easier, having a divorce attorney you can trust by your side throughout the process is crucial. Our Colorado divorce lawyers will work with you to ensure you find the best path forward in your divorce.
Frequently Asked Questions For Colorado Springs Divorce Attorneys
Is Colorado a No Fault State When it Comes To Divorce?
Colorado is a no-fault divorce state, which means that you do not need to prove that your spouse did something to provoke the end of your marriage. Instead, you simply need to file on the grounds of your marriage being irretrievably broken.
How Is Property Divided in a Divorce in Colorado?
Colorado is an equitable distribution state, which means that marital property is divided fairly between the two divorcing parties, not necessarily equally.
How Long Does It Take To Get A Divorce in Colorado?
One of the first questions that people have when beginning the divorce process is about how long the process will take. Unfortunately, there is not a simple answer; the time involved depends on your particular situation.
An uncontested divorce may take as little as 90 days but is only possible when both parties agree on all the issues that need to be resolved.
A contested divorce can take a year or more, although the average time in the Colorado Springs area is about nine months. If there are only a few small disputed issues, the process will not be quite as long. Major disputes can make the process take longer.
At the Law Office of Greg Quimby, P.C., our goal is to learn about your situation and help you decide on the approach that makes the most sense for you. While we strongly encourage negotiation and working collaboratively, we do not believe in giving up on what is important to you just to save time.
How Much is a Divorce in Colorado Springs?
The other major question that people have when beginning the divorce process is about how much it will cost to finalize the separation. Again, this depends on your situation. Our law offices in Colorado Springs charges a $5,000 initial retainer. There are usually additional fees that may bring the costs higher, depending on the complexity of your case.
Divorces do tend to grow more expensive as disputes arise. A case with a heated disagreement on child support or child custody will cost more than one without that issue, particularly if the dispute needs to be taken to court.
Our goal is to keep your costs as low as possible, and there are ways that you can help. We will ask that you become a part of our team for the duration of your case. When documents need to be gathered, an attorney from the law offices in Colorado Springs, may ask if you would like to do the work. When exhibits need to be prepared, an attorney may also ask if you would like to pitch in. There is quite a bit that you can do on your own to save yourself money.
How Do I Get A Divorce in Colorado Springs?
The initial step is to prepare the preliminary paperwork for filing with the Court. Except for potential problems including whether Colorado Springs has jurisdiction over a spouse, there is no advantage or downside to being the Petitioner (the party who submits the preliminary pleadings) or the Participant.
The majority of divorces in Colorado Springs take about 6-9 months to finish, relying on the concerns included, and especially upon whether they are objected to or not. Though Colorado Springs has guidelines for support and upkeep, they are not "self-executing" - and need a court order for them to be binding.
Put Our Experienced Attorneys in Colorado Springs on Your Side
Our Colorado Springs law firm is dedicated to helping people facing tough family law situations. Our attorneys are not afraid of a challenge and take on difficult and complex cases for our clients. Our Colorado Springs divorce lawyers can be trusted to look out for your best interests throughout the divorce process.