Denver Divorce Lawyer

The grounds for divorce are the legal reasons on which you are basing your request that the court allows you to end your marriage. Typically, grounds fall into one of two categories: no-fault and fault-based grounds.

Fault-based grounds require you to show some evidence that your spouse committed an act such as adultery, cruelty or desertion that has caused the marriage to end. While there are not many benefits to filing for a fault-based divorce over a no-fault divorce, you may receive sympathy from the judge when determining alimony or the division of marital assets.

No-fault divorces are more common than fault-based divorces and are primarily based on irreconcilable differences. In short, filing for a no-fault divorce means you and your partner can no longer get along and you do not believe that relations will improve in the future. No-fault divorces are common for a variety of reasons. First, you do not have to show evidence that your spouse did something wrong. If you are not accusing your spouse of wrongdoing, the divorce process generally takes less time and causes less anxiety and tension.

The divorce process legally begins when you complete the appropriate paperwork and file it in a Colorado court. A complaint or petition begins the divorce process. The Johnson Law Group can help you prepare and file all divorce documents, including the petition. A complaint is a specific petition to the court to end your marriage. Parties are referred to as either the “plaintiff” or the “defendant” in a complaint, while they are referred to as “petitioner” and “respondent” in other petitions.

After the complaint is filed, your spouse will be notified. The complaint can be delivered to your spouse in person or the document is sometimes allowed to be mailed. After your spouse has been served with the appropriate paperwork, court proceedings are officially started.

A multitude of factors can impact the divorce process. Some couples choose to divide property and set up custody agreements without involving lawyers. However, most couples use divorce attorneys to ensure their interests are best served in court. Mediation is also an option for those who want to deal with the divorce outside of court.

If you and your spouse have children, custody will likely be the main issue in your divorce. Colorado law dictates that all custody issues are settled with the best interests of the child in mind. When possible, this usually means having both parents involved in a child’s life.

Joint legal custody is often the best outcome when it comes to a child custody case. In joint custody cases, both you and your spouse have a say in the child’s education, upbringing and medical treatment. However, joint legal custody does not necessarily mean joint physical custody.

If you have joint physical custody, the child spends the same time living with each parent. However, this may not be feasible for several reasons. Typically, the judge grants sole physical custody to one parent but provides the other parent with pre-scheduled visitation and parenting time. Most judges recommend the noncustodial parent spend one or two evenings a week and every other weekend with the child.