Denver Divorce Lawyer
What is the Divorce process?
Let me give you the general steps you will go through when divorcing. These will vary a little bit depending upon which district is handling your case, but this is a guide. The two of you will decide whether one is going to file, who it will be, or whether both of you will file together. What you file is called a Petition for Dissolution of Marriage.
The Petition will be filed where the non-filing spouse resides, or if both are filing together, where either of them lives. Usually, the case is filed in the county where the family home is. The court will immediately send out orders telling the parties what the first steps are and may set a date for the first appearance with the court.
If both parties did not file together, the one who filed will need to have the documents served on the other party. Each step of the way there are documents to file with the court and many papers to fill out. There will be many decisions to be made along the way. There are many unique requirements for cases involving children.
Each of you will be under something called an automatic injunction that prevents either of you from wasting or hiding assets, from harassing the other party or misusing marital property. The party who files must be in Colorado for 90 days before the filing and the final decree is given only after 90 days has elapsed from the service on a party or the filing date, if both file.
What are the main grounds for divorce?
In many places, divorce can be filed on various grounds, which may include "no-fault" grounds (such as irreconcilable differences or an irretrievably broken marriage) or "fault" grounds (such as adultery, abandonment, or cruelty). The specific grounds available can vary depending on the jurisdiction.
What are the potential effects of divorce on children?
Divorce can have a range of effects on children, including emotional and psychological impacts such as feelings of loss, confusion, or divided loyalty. It’s important for parents to provide support and stability during this transition. The specifics can vary widely depending on the child’s age, temperament, and the overall circumstances of the divorce. Counseling and open communication can help mitigate negative effects.
What is a Complex Divorce?
A divorce is generally deemed to be “complex” when there is high net worth of the marital estate. Additionally, a complex divorce can involve challenges relating to division of business interests, extensive property holdings, and child custody. No matter what might make your divorce “complex,” Nicholas Family Law is dedicated to helping ensure your best interests are protected throughout the process.
Difficulties in Property Division
One of the most contested issues in a divorce is division of the marital assets. When the marital estate has a potentially high net worth, things can get very complicated very quickly. The first issue that needs to be addressed is what to consider part of the marital estate.
The marital estate includes assets and liabilities acquired during the marriage. There are several exceptions to this such as gifts, inheritances, and the pain and suffering proceeds from a personal injury judgment. While property acquired before the marriage will usually be considered separate property, any increase in property value during the marriage will be considered marital property. It can be difficult to properly trace the original value of the property and separate it from the value it has gained over the course of the marriage. Experts in property valuation can be brought in for this purpose.
Once it has been determined what assets are included in the marital estate, a valuation of all assets must be ascertained. For things like real estate and commercial property, the fair market value minus any outstanding liabilities on the property will be used to establish the worth of the property. Personal property including jewelry and unique art pieces such as sculptures and paintings can be appraised by experts in the appraisal field.
Valuation of business interests can be exceptionally difficult, especially when spouses have a jointly held business. Untangling who has contributed time, energy, and financial backing to a business often necessitates hiring financial and business experts.
Reach Out to Our Experienced Divorce Attorney to Hear More
Experienced with the divorce process in Colorado, Gary Nicholas of Nicholas Family Law has been helping people through divorce in Denver and Colorado for 30 years.
Call our Colorado Divorce Attorney today to Schedule a Consultation at 303-522-4552 or contact us online.