Aurora Divorce Attorneys Serving Aurora And Across Colorado
If you are considering divorce, the stress of your current situation may lead you to make ill-advised concessions to your spouse in the hope that you can get through the process as quickly as possible. However, you should know that the actions you take now have legal significance and could affect the final outcome of your property settlement. It is crucial to hire an experienced divorce lawyer early in the process so that you can understand your rights, examine your options and identify your non-negotiables.
At Colorado Law Team, our attorneys are dedicated to protecting the financial interests of our clients, while paving the way for a smoother, more streamlined divorce process. Located in Aurora, Colorado, our law firm represents individuals and families in Centennial, Highlands Ranch and throughout Douglas County and Arapahoe County.
Divide Your Property And Assets Favorably
Colorado courts use the system of equitable distribution when dividing marital property in a divorce proceeding. “Property” includes all assets and debts acquired during the marriage and held at the date of separation. Importantly, equitable distribution does not mean “equal” division – it means “fair” division – and if your case goes to trial, the court will determine what is fair.
Our law firm frequently assists clients in negotiating and/or mediating property division issues without resorting to court intervention; this way spouses can divide their property in the manner they see fit. Marital property division can be difficult if the parties share assets such as a family business, real estate holdings or pension benefits. We have considerable experience helping clients develop creative solutions to challenging property division problems.
Our attorneys regularly work with forensic accountants to uncover commingled or hidden assets and conduct reliable business valuations. We also help clients take immediate action to protect their assets while their divorce is pending. For example, we could place a lien on your home or freeze certain bank and credit card accounts to ensure that marital assets and debts will remain in place until they can be properly addressed through settlement negotiations, mediation or courtroom proceedings.
Help Obtaining Post-Divorce Modifications
Often a substantial change in circumstances affects the ability of a party to comply with the terms of a divorce settlement. When these situations occur, a court-approved post-divorce modification is necessary to alter child support payments, child custody, visitation and spousal maintenance (alimony) obligations. A loss of employment or the need to relocate to a different state are common reasons why an individual may need to modify a divorce decree.
At Colorado Law Team, we are here to support you both during and after your divorce. We utilize negotiation, mediation and litigation to protect the rights and interests of clients who are seeking a modification, as well as those who are opposing the change.
Frequently Asked Questions About Divorce In Colorado
Divorce raises questions that deserve straight, honest answers. Below, we address the ones we hear most often from families across Colorado.
How long is the mandatory waiting period for a divorce in Colorado?
Colorado law requires a minimum 91-day waiting period before a judge can finalize a divorce. That 91-day window opens the day a process server officially serves the non-filing spouse with the petition or the non-filing spouse signs a waiver of service.
The court enforces this window strictly, even when both spouses agree on every term from the start. If you and your spouse resolve all issues and submit a complete separation agreement, the court can sign the final decree as soon as those 91 days pass. Unresolved disputes over asset division or parenting time push the timeline further while both spouses work through mediation or wait for a court hearing.
How does Colorado handle the increase in value of a home owned before marriage?
Under Colorado law, the increase in a home’s value from active efforts during marriage typically qualifies as marital property subject to division. The home itself generally remains a separate property if one spouse owned it before marriage and kept it separate during the marriage. The equity built before the wedding date belongs solely to that spouse.
Courts divide the marital appreciation equitably between both spouses. A professional real estate appraisal often establishes the home’s baseline value at the time of the marriage. That baseline separates the original owner’s equity from the marital portion courts can divide.
What happens if my spouse ignores the divorce papers or refuses to sign them?
Your spouse cannot stop a divorce by ignoring the paperwork or refusing to sign a settlement. After you file the petition, Colorado law requires a process server or county sheriff to deliver the court documents directly to your spouse.
Your spouse then has 21 days to file a formal response or 35 days if service took place outside of Colorado. A failure to respond within that deadline allows you to request a default judgment. The judge can then grant the divorce and rule on property division and custody based on the terms you submitted.
Discuss Your Divorce With Caring Attorneys
If you need trustworthy, affordable assistance with your divorce, call our office at 720-863-4256 or contact us online to arrange a confidential, free initial consultation.