Partners ThroughoutYour Family Law Case

Experienced Denver Divorce Attorneys

You and your spouse have made a life together. But the bond you share, no matter how strong it may be, can face unexpected challenges. People can change over time, and you may feel like you and your spouse are no longer compatible. No matter the reason for ending your marriage, you may have made the difficult choice to move forward in your life without your partner.

This is not an easy decision. A divorce is one of the most stressful times for you and your family. At GEM Family Law, our mission is to help you live more and worry less, even in the midst of your family law case. We understand the complex emotions present in a divorce, and we are here to help you make the right decisions at each crucial step in your case.

What Happens In A Colorado Divorce?

Your divorce will likely involve an exchange of detailed financial summaries and statements, at least one court appearance (unless you have chosen to engage in the collaborative divorce model or have resolved matters outside of court), mandatory mediation, and, ultimately, either resolution by agreement or a decision from the judge assigned to your case.

The end result of your case will be court orders regarding property division, division of debt and spousal support, and, if you have children, you will also have orders regarding parenting time, decision-making and child support. These orders can be the result of either an agreement or an order issued by a judge after you have been to a permanent orders (divorce) hearing.

Our legal team is prepared to guide you through the divorce process. Whether your case requires litigation (court appearances in front of a judge), or whether you and your soon-to-be former spouse choose to resolve matters outside of court (to include divorce mediation), GEM Family Law, attorneys have the drive and creative strategies to help you achieve your goals and best outcomes.

How Will You Know If Divorce Is Right For You?

This is a very personal decision that only you can make. There may be signs that your relationship is struggling, and repeated attempts to fix things have only led to more problems. Our attorneys are not going to pressure you to end a relationship just to get a case. Our role is to serve as your guide throughout the process, help you make informed decisions and advocate for you when facing disputes. We want you to be able to focus on your well-being instead of being caught in the stress of divorce.

What Will Happen To Your Kids?

This is one of the most common questions that we hear from parents going through a divorce. The reality is that there is no easy answer to this without knowing what is happening in your case. When we meet, we can talk to you about what we believe the custody options are in your specific situation. Once we know the facts and understand your goals, we can design a child custody strategy that helps you protect the time you get to spend with your kids in the future.

Do You Really Need A Divorce Attorney?

We hear almost every day from people who decided to represent themselves in their divorces. They made agreements regarding child custody or property division, and then they find that these decisions were not in their best interests. They may be unable to spend time with their children or end up struggling financially because they did not realize they had options when it came to dividing their marital property.

You should never make a decision in your divorce without talking to an experienced attorney. Whether this is your first time going through a divorce or you have been through the process before, you need to make sure you are making informed decisions. Once you make these choices, it is often impossible to change them later, so it is extremely important to get things right the first time.

How To Prepare When You’re Thinking About Filing For Divorce

Deciding to file for divorce is a big decision – one that you shouldn’t rush into. Preparing beforehand can help make the process smoother and more manageable. Here are some steps for doing so:

Think about your goals. What do you want your post-divorce life to look like? Consider your living situation, custody of your children, division of property and financial stability. Setting clear goals can guide your decisions throughout the divorce process.
Start keeping thorough documentation. Maintain detailed records of all marital assets, debts and any interactions that may be relevant to the divorce proceedings. If you have children, start documenting everything with regard to their care and parenting. This includes texts, emails and other communications that might support your case.
Gather financial information. Collect all financial documents such as bank statements, credit card statements, tax returns and any other evidence of your financial status. Keep a close eye on joint accounts, especially if you suspect your spouse might attempt to hide or deplete assets.
Plan for potential changes to your living situation. Consider where you will live during and after the divorce. If you’re considering moving out, research your options and consult with a divorce lawyer about the possible impact of moving out of the marital home on your divorce and custody rights.
Consult with a therapist or counselor. Dealing with the end of a marriage can be emotionally challenging, especially if there are children involved. Speaking to a professional can provide you with support and strategies to manage stress and cope with change. A therapist can also help you reach a decision that you feel confident about.
Educate yourself about the legal process. Familiarize yourself with Colorado’s divorce laws to better understand your rights and the road ahead.
Seek legal guidance. Your divorce attorney should be a valuable adviser and ally throughout the legal process. Start your lawyer search sooner rather than later. Even if you aren’t 100% sure about moving forward, a lawyer can help you weigh your options and think about what to expect.

Above all, be honest with yourself about your situation and your needs as you start to approach this pivotal transition.

What To Consider When Hiring A Divorce Attorney

Choosing the right divorce attorney can make a big difference in your case. Your lawyer will be your advocate and guide through all the legal aspects of the divorce. It’s essential that you trust them and feel comfortable with their approach to handling your case.

Here are some important aspects to consider, along with some questions to ask when you’re vetting divorce attorneys:

Experience and focus: Does the attorney focus primarily on family law? How long have they been doing so? How much experience do they have with cases similar to yours? If you or your spouse is a military service member, does the lawyer understand the intricacies of military divorce cases? If you have significant assets, is the attorney familiar with the complexities of high-value divorce cases? Choose a lawyer who is familiar with any complicating factors that may arise in your situation.
Local familiarity: Does the attorney regularly practice in the county where your case will be filed? Are they familiar with the courts, judges and other family law attorneys in the area?
Communication style: How does the attorney communicate with clients? Are they easily accessible? Are they direct and honest? Do you feel comfortable with their communication style?
Strategy and approach: What is their general approach to handling divorce cases? Are they more inclined toward aggressive litigation or promoting settlement? How does their approach align with your goals? Are you on the same page about which process to pursue in your case?
Fees and billing: How do they bill for their services? What are their hourly rates? Are there any hidden costs? What does the retainer fee cover?
Awards and testimonials: Does the lawyer have any professional awards? What about testimonials from past clients? Do they have any online reviews?

Take your time in finding the right lawyer. Make sure you connect with them and feel comfortable moving forward. Their involvement may significantly influence the outcome and long-term impact of your divorce.

Filing For Divorce In Colorado

Filing for divorce in Colorado requires meeting specific criteria. These include:

Residency requirements: At least one spouse must have lived in Colorado for a minimum of 91 days before filing for divorce.
Grounds for divorce: Colorado is a no-fault state. This means you don’t have to establish wrongdoing or fault in order to proceed with a divorce. All you need to do is assert that there was an irretrievable breakdown in the marriage.
Venue for filing: You will need to file in the district court for the county where you or your spouse lives.

The legal process for divorce typically unfolds with the following steps:

Filing the petition: The divorce process begins by filing a petition requesting a divorce. This petition must include information about assets, debts and any children involved, among other things.
Serving the petition: The other spouse must be formally served with the divorce papers and given time to respond.
Financial disclosures: Both parties are required to disclose their financial information, including income, assets and debts. This information is necessary for property division, child support and spousal support determinations.
Resolution: The divorce might proceed through out-of-court settlement or litigation, depending on the complexity of the case and the relationship between the parties. Cases resolved through agreement typically won’t require a court hearing. Contested cases that go to trial may require lengthy preparation and numerous hearings.

Our lawyers can provide further guidance on the process and what to expect in your situation.

Paths For Resolving Divorce Cases

Every divorce is unique, and the path to resolution depends on the specific circumstances and goals of those involved. Here are some common methods:

Litigation: Not all divorce cases end up in court, but some do. Litigation involves motions, discovery, hearings and trial. Having a judge decide the outcome isn’t always ideal, but it may be unavoidable in highly contentious cases.
Mediation: This out-of-court process offers many advantages. It’s confidential, solutions-focused, less adversarial and more cost-effective than litigation. In mediation, a neutral third party helps the spouses negotiate and reach agreements on various aspects of the divorce. Mediation empowers the parties to make their own agreements rather than leaving decisions to a judge.
Collaborative law: With a collaborative approach, both parties and their attorneys commit to resolving all issues outside of court in a cooperative manner. This often involves other professionals, such as child custody specialists or financial advisers. Like mediation, collaborative divorce gives you more power over the outcome.

It’s important to understand all of your options. Our attorneys can walk you through them and help you weigh which approach to pursue.

Preparing For Your Post-Divorce Future

The end of your marriage marks the beginning of a new phase of life. Here are some things to consider as you move toward that next stage:

Parenting: Even though your marriage is ending, if you have children together, your co-parenting relationship will continue. You will need a comprehensive parenting plan that addresses parenting schedules, decision-making responsibilities and possible modifications.
Financial independence: What kind of lifestyle do you want post-divorce? Will you need to make budget adjustments, explore career changes or pursue further education? Consider seeking financial advice to help manage and allocate your resources effectively post-divorce. Also think about what impact any child support and spousal maintenance (alimony) obligations may have on your post-divorce financial picture.
Making a new home: Where do you want to live long term? Do you plan to rent or own? What steps do you need to take to find and finance a home? It’s also important to consider whether you may need to relocate down the road. Job considerations, extended family and other reasons to relocate may create complications when it comes to custody.
Estate planning considerations: After a divorce, it’s important to update your will, trusts, powers of attorney, and beneficiary designations on life insurance policies and retirement accounts. These updates will ensure that your assets will be distributed according to your current wishes and new family situation. Our team can help you review your estate plan and update it accordingly, or create a new estate plan if you don’t already have one in place.
Post-divorce modifications: Colorado law allows for modifications to divorce agreements under certain circumstances, such as significant changes in income, relocation or changes in children’s needs. Consider whether your divorce agreement or decree allows for flexibility and adjustments as your life evolves.
Emotional adjustment: Divorce can be a tremendously destabilizing transition for spouses and their children. Acknowledge the emotional impact of a divorce and consider seeking help from support groups or counselors. Build a new support network, prioritize self-care and engage in activities that enhance your well-being.

Every step you take now in understanding and preparing for the divorce process can help ease your transition forward. We are here to help you navigate these challenges and build the life you envision.

Schedule Your Free Consultation

Our Colorado family law attorneys know that your case is as unique as your family, and we will handle your case with the care and focus that it deserves. To learn more, call our Denver office at 720-443-4892 or send us an email to arrange a time that works for you.