Divorce:
Divorce can be an emotional life event. Indeed, divorces in Colorado involve varying degrees of conflict and complexity. Issues that may be raised in divorce cases include:
-Property/Asset Division,
-Spousal Maintenance/Support (Alimony),
-Child Custody (Parenting Time and Decision Making), and
-Child Support.
Because each family law matter is unique, Attorney James Frazier works with clients and their families to minimize conflict and to ease the difficulty associated with the family court system.
“No Fault” Divorces and “Irretrievably Broken:”
Colorado is a “no fault state.” Accordingly, parties don’t need to cite a specific reason for a divorce, such as infidelity, mental illness, substance issues or abuse. Instead, it is enough that a marriage has irreparably broken down. One party’s testimony that a marriage is “irretrievably” or “irrevocably” broken will be sufficient grounds for a Colorado state court to dissolve the marriage between the parties.
Uncontested and Contested Divorces:
In Colorado, there are two types of divorce: uncontested and contested.
An uncontested divorce refers to a divorce in which both parties agree about the resolution of all issues and proceed amicably. In uncontested divorces, parties file a Separation Agreement with the court. Separation Agreements need to address all relevant issues including asset division, alimony, parental responsibility (parenting time and decision making), and child support.
Court will usually approve Separation Agreement between the parties, looking most carefully at provisions related to parental responsibility and child support. Courts also assess provisions of the agreement related to property division and spousal maintenance to make sure they are more or less fair. Unless the judge feels that certain provisions of the Separation Agreement are “unconscionable,” or exceedingly unfair to one party; courts generally accept all provisions of a Separation Agreement in uncontested divorces.
Once approved, the agreement is treated like a binding contract and that contract is made enforceable by and against both parties. Also, the marriage is usually dissolved on the same day the court approves the Separation Agreement. However, even if the parties agree on all issues, the court won’t finalize a divorce until 91 days after the date of service or the filing of a co-petition.
Even if everyone is in general agreement, it may be helpful for both parties to work with an attorney to prevent any miscommunication or negative outcomes. Additionally, when at least one party is represented by counsel, it’s relatively rare for the court to object to any of the terms of a Separation Agreement. Indeed, attorneys work to settle all divorce cases quickly and amicably. Accordingly, it’s always best to consult with an attorney not only about the substantive aspects of a proposed Separation Agreement, but also the procedural requirements of an uncontested divorce.
A contested divorce, by contrast, refers to a divorce in which parties dispute some or all issues related to property division, spousal maintenance, child custody (parenting time and decision making), and child support. In contested divorces, the court intervenes to make final orders that resolve disputed issues. These final orders occur at a contested hearing, often referred to as a permanent orders hearing. Additionally, parties are usually required to participate in mediation prior to a contested hearing and show proof of mediation to the court.
A contested hearing or a permanent orders hearing will usually resolve all issues in a contested divorce. At this hearing, each party presents evidence, questions witnesses, and makes legal arguments supporting their position. The court also requires a sworn financial statement that details all relevant financial information, including marital assets, expenses, and debts. This is done so that court can fairly and accurately divide property and make orders related to spousal maintenance and child support.
Colorado divorce courts don’t use juries to resolve contested divorces. Instead, judges issue final orders resolving all issues raised at contested hearings. It is important to note that the judge’s final order in a contested divorce will generally stand unless challenged and overturned by an appellate court, or, unless modified in post-divorce proceedings.
If you or a loved one is involved in a contested divorce, it is imperative to consult an experienced Colorado attorney who understands this state’s court system and legal processes. Attorney James Frazier can help you resolve the issues underlying your contested divorce with a variety of legal tools that include:
-Litigation,
-Alternative Dispute Resolution,
-Appellate Advocacy, and
-Modifying and enforcing orders in post-divorce proceedings.
Attorney James Frazier is a thoughtful and experienced counsellor and advocate. Mr. Frazier will work with you diligently to obtain the best possible outcome for you in your contested divorce.
Contact attorney James Frazier today at (720) 583-5529.
Divorce can be an emotional life event. Indeed, divorces in Colorado involve varying degrees of conflict and complexity. Issues that may be raised in divorce cases include:
-Property/Asset Division,
-Spousal Maintenance/Support (Alimony),
-Child Custody (Parenting Time and Decision Making), and
-Child Support.
Because each family law matter is unique, Attorney James Frazier works with clients and their families to minimize conflict and to ease the difficulty associated with the family court system.
“No Fault” Divorces and “Irretrievably Broken:”
Colorado is a “no fault state.” Accordingly, parties don’t need to cite a specific reason for a divorce, such as infidelity, mental illness, substance issues or abuse. Instead, it is enough that a marriage has irreparably broken down. One party’s testimony that a marriage is “irretrievably” or “irrevocably” broken will be sufficient grounds for a Colorado state court to dissolve the marriage between the parties.
Uncontested and Contested Divorces:
In Colorado, there are two types of divorce: uncontested and contested.
An uncontested divorce refers to a divorce in which both parties agree about the resolution of all issues and proceed amicably. In uncontested divorces, parties file a Separation Agreement with the court. Separation Agreements need to address all relevant issues including asset division, alimony, parental responsibility (parenting time and decision making), and child support.
Court will usually approve Separation Agreement between the parties, looking most carefully at provisions related to parental responsibility and child support. Courts also assess provisions of the agreement related to property division and spousal maintenance to make sure they are more or less fair. Unless the judge feels that certain provisions of the Separation Agreement are “unconscionable,” or exceedingly unfair to one party; courts generally accept all provisions of a Separation Agreement in uncontested divorces.
Once approved, the agreement is treated like a binding contract and that contract is made enforceable by and against both parties. Also, the marriage is usually dissolved on the same day the court approves the Separation Agreement. However, even if the parties agree on all issues, the court won’t finalize a divorce until 91 days after the date of service or the filing of a co-petition.
Even if everyone is in general agreement, it may be helpful for both parties to work with an attorney to prevent any miscommunication or negative outcomes. Additionally, when at least one party is represented by counsel, it’s relatively rare for the court to object to any of the terms of a Separation Agreement. Indeed, attorneys work to settle all divorce cases quickly and amicably. Accordingly, it’s always best to consult with an attorney not only about the substantive aspects of a proposed Separation Agreement, but also the procedural requirements of an uncontested divorce.
A contested divorce, by contrast, refers to a divorce in which parties dispute some or all issues related to property division, spousal maintenance, child custody (parenting time and decision making), and child support. In contested divorces, the court intervenes to make final orders that resolve disputed issues. These final orders occur at a contested hearing, often referred to as a permanent orders hearing. Additionally, parties are usually required to participate in mediation prior to a contested hearing and show proof of mediation to the court.
A contested hearing or a permanent orders hearing will usually resolve all issues in a contested divorce. At this hearing, each party presents evidence, questions witnesses, and makes legal arguments supporting their position. The court also requires a sworn financial statement that details all relevant financial information, including marital assets, expenses, and debts. This is done so that court can fairly and accurately divide property and make orders related to spousal maintenance and child support.
Colorado divorce courts don’t use juries to resolve contested divorces. Instead, judges issue final orders resolving all issues raised at contested hearings. It is important to note that the judge’s final order in a contested divorce will generally stand unless challenged and overturned by an appellate court, or, unless modified in post-divorce proceedings.
If you or a loved one is involved in a contested divorce, it is imperative to consult an experienced Colorado attorney who understands this state’s court system and legal processes. Attorney James Frazier can help you resolve the issues underlying your contested divorce with a variety of legal tools that include:
-Litigation,
-Alternative Dispute Resolution,
-Appellate Advocacy, and
-Modifying and enforcing orders in post-divorce proceedings.
Attorney James Frazier is a thoughtful and experienced counsellor and advocate. Mr. Frazier will work with you diligently to obtain the best possible outcome for you in your contested divorce.
Contact attorney James Frazier today at (720) 583-5529.
Frazier Legal LLC
"The arc of the moral universe is long; but it bends towards justice." -- Dr. Martin Luther King Jr.
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