Englewood Divorce Attorney

Common Divorce Disputes

Divorcing couples may or may not agree on several aspects of their relationship. Uncontested divorces occur when both parties agree on all terms. If disagreements persist, the divorce becomes contested and may require litigation over issues such as1:

• Child custody: Courts determine legal and physical custody based on the child’s best interests.
• Child support: The non-custodial parent may be required to provide financial support, with payments based on both parents’ incomes and expenses.
• Division of assets: Courts divide marital property and debts, including real estate, vehicles, bank accounts, and investments.
• Alimony: Spousal support may be ordered if one spouse is financially dependent on the other.

Other disputes can include pet custody, post-divorce modifications, and more. Having experienced Englewood family lawyers is crucial for navigating these complex matters1.

Preparing for Divorce in Colorado

Divorce can be one of life’s most challenging experiences, both financially and emotionally. Proactive preparation can help make the process smoother:

• Gather important financial documents: Tax returns, pay stubs, bank statements, retirement account information, property deeds, loan records, insurance policies, and business financials.
• Budget for legal costs: Understand potential expenses and consider cost-effective alternatives like mediation or collaborative divorce if possible.
• Track your expenses and create a budget: Know your current and anticipated post-divorce expenses to manage single-income living.
• Check and protect your credit: Review your credit report, separate or close joint accounts, and open individual accounts for financial independence.
• Plan for future financial goals: Consult a financial advisor for retirement planning and post-divorce financial health.
• Prioritize emotional well-being: Consider therapy, lean on your support network, and maintain healthy routines for yourself and your children.

Understanding Colorado’s divorce laws with the help of our attorneys can relieve anxiety and empower you throughout the process. Divorce is a significant disruption, but it can also be the start of a new chapter.

Alternative Dispute Resolution in Divorce

Resolving divorce disputes outside of court—through mediation or arbitration—offers several advantages:

• Cost savings: Mediation and arbitration are often less expensive than court litigation.
• Privacy: Out-of-court methods are confidential, while court proceedings are public.
• Faster resolution: These approaches are typically quicker than court cases.
• Greater control: Spouses can tailor agreements to their needs, leading to more satisfactory and personalized solutions.

Unique Legal Aspects of Military, Gray, and Same-Sex Divorces

Divorces can present unique challenges depending on the circumstances:

Military Divorce

• Division of military benefits: Governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA) and the “10/10 rule.”
• Health care and commissary benefits: The “20/20/20 rule” may allow continued access post-divorce.
• Support calculations: Military allowances are considered income for child and spousal support.
• Custody during deployment: Courts require family care plans and focus on the child’s best interests.
• Residency and jurisdiction: Active-duty members stationed in Colorado may file if they meet the 91-day residency requirement.

Gray Divorce

• Retirement assets: Equitable distribution of pensions and retirement accounts, often using Qualified Domestic Relations Orders (QDROs).
• Social Security: Not divided, but a spouse may claim benefits if married for 10 years or more.
• Health insurance: COBRA may provide temporary coverage.
• Spousal maintenance: Often awarded due to disparities in earning potential after long marriages.

Same-Sex Divorce

• Parenting rights: Legal parentage must be clearly established, especially if only one spouse is a biological or adoptive parent.
• Property division: Challenges may arise in determining when property became marital, especially for couples together before 2015.
• Legal recognition: Divorce laws apply equally, but unique issues can require additional legal steps.