Englewood Divorce Attorney

Preparing for Divorce 

Divorce can be one of the most challenging experiences a person faces, both financially and emotionally. Taking proactive steps to prepare can help make the process smoother, especially in Colorado, where certain legal requirements and standards come into play. The following can help you get organized for this significant life change:

• Gather important financial documents. These include tax returns (for the last three years), pay stubs and proof of income, bank statements for all accounts, retirement account information, mortgage documents and property deeds, credit card statements, loan or debt records, insurance policies, and business financial records, if applicable. Being transparent about your financial situation is essential, as Colorado courts require full disclosure from both parties.
• Budget for legal costs. When you retain Johnson Law Group, we will help you understand the costs associated with your specific case. Mediation or collaborative divorce may also be more cost-effective alternatives to litigation if you and your spouse are able to reach amicable agreements. Budgeting for these expenses upfront will help avoid financial surprises.
• Track your expenses and create a budget. Understand your current living expenses and create a post-divorce budget. Calculate fixed costs like rent, utilities, insurance, and childcare, and account for discretionary spending as well. This will give you a clearer picture of your financial needs and help you manage single income living. 
• Check your credit score and protect it. Obtain a copy of your credit report to assess your current situation. If you share any joint accounts with your spouse, work on separating them or closing them entirely. You may also want to open individual accounts in your name to ensure financial independence moving forward.
• Plan for future financial goals. Meet with a financial advisor to discuss long-term goals, including retirement planning and rebuilding your financial health post-divorce. They can help you prioritize spending and establish a savings plan to regain stability.

Emotionally, divorce can be taxing, particularly as you face difficult decisions and potential conflict. A therapist can help you process feelings of grief, anger, or fear and build coping strategies. Emotional stability will also help you better handle negotiations and communication with your spouse.

Lean on your support network and share your feelings and concerns with trusted friends, family members, or support groups. A strong support system can help you stay grounded during this time. There are also local divorce support groups that can connect you with others who understand what you’re going through. It is important to prioritize your well-being and the well-being of your children. Make an effort to eat well, exercise, and get enough rest. Find activities that bring you joy and calm so you can remain focused on yourself and your kids to help ensure a smoother transition both emotionally and practically.

Understanding Colorado’s divorce laws, with the help of our attorneys, can relieve some of the anxiety that comes from fear of the unknown. Being informed helps you feel more empowered in every stage of the process. Divorce is a significant disruption, but it’s not the end of your story. Remind yourself that this process is temporary and can ultimately lead to a fresh start.

The Advantages of Alternative Dispute Resolution in Your Divorce

Resolving divorce disputes outside of court, through methods like mediation or arbitration, offers several benefits. Mediation allows spouses to work together with a neutral third party to reach mutual agreements, fostering cooperation and reducing conflict. Arbitration, on the other hand, involves a private decision-maker who delivers a binding resolution, offering a more structured alternative to court.

One major advantage is cost savings. Court litigation can be expensive due to legal fees, court costs, and prolonged timelines, while mediation and arbitration are often less costly. Another benefit is privacy—court proceedings are public records, while out-of-court methods remain confidential. These approaches are typically faster than court cases, which can take months or even years before reaching resolution. Perhaps most importantly, mediation and arbitration give parties more control. Instead of leaving decisions up to a judge, spouses can tailor agreements to their needs, leading to solutions that feel fair and personalized.

Unique Legal Aspects of Military, Gray, & Same-Sex Divorces in Colorado

Divorces often come with unique challenges depending on the circumstances of the marriage. Military divorces, “gray” divorces, and divorcing same-sex couples all present specific legal and practical issues in Colorado. Understanding these special considerations can help ensure the process is handled efficiently and fairly.

Military Divorce

Military divorces involve additional layers of complexity due to federal regulations and specific benefits. These include: 

• Division of military benefits. Colorado applies the Uniformed Services Former Spouses’ Protection Act (USFSPA), which governs how military retirement pay is divided during a divorce. To be eligible to receive a portion of a service member’s retirement benefits, the couple must meet the “10/10 rule,” meaning they were married for at least 10 years while the service member was on active duty or serving in the reserves. However, marital property rights still apply, so even if the 10/10 rule isn’t met, the spouse may be entitled to other forms of compensation through a property settlement.
• Health care and commissary benefits. If the marriage lasted 20 years with overlapping military service ("20/20/20 rule"), the non-military spouse may retain access to health care, commissary, and base privileges post-divorce. If the timeline is shorter, some benefits may only continue temporarily or cease altogether.
• Spousal maintenance and child support for military parents. Military pay structures can complicate child support and spousal maintenance. Allowances such as Basic Allowance for Housing (BAH) and Basic Allowance for Subsistence (BAS) are considered income when calculating support.
• Child custody during deployment. For service members, frequent moves or deployments can make determining custody arrangements especially challenging. Colorado courts will focus on the best interests of the child while factoring in the service member's schedule. A family care plan is often required to address childcare during deployments.
• Residency and jurisdiction. Military families frequently move across state lines. Colorado allows active-duty members stationed in the state to file for divorce if they meet the 91-day residency requirement.

Gray Divorce

The term “gray divorce” refers to the divorce of couples over 50. These cases often involve complex financial and health-related considerations as couples in long marriages often share substantial retirement savings. Colorado’s equitable distribution law applies to pensions, 401(k)s, and other retirement accounts. Qualified Domestic Relations Orders (QDROs) are typically used to divide these assets without incurring penalties. Social Security benefits are not divided in a divorce, but a spouse may be entitled to claim benefits on the other’s record if they were married for 10 years or more. Additionally, dividing long-term assets like businesses or real estate can be complex.

Health insurance also often becomes a significant concern, especially if one spouse is nearing retirement age and depends on the other for coverage. COBRA allows for temporary health insurance coverage, but this can be expensive.

Colorado courts frequently award spousal maintenance in gray divorces due to disparities in earning potential. If one spouse was a homemaker, they may require long-term or permanent alimony to maintain their standard of living, particularly after a lengthy marriage.

Same-Sex Divorces

Colorado recognizes same-sex marriages, meaning divorce laws apply equally. However, unique issues sometimes arise in these cases, particularly around parenting and property division.

Colorado requires clear legal parentage to establish parental rights. If one spouse is not the biological or adoptive parent, they may need to establish legal parentage through adoption or a court order. Same-sex couples who used assisted reproduction may face challenges if parentage was not formally established at the time of the child’s birth. Courts will still focus on the child’s best interests but may require additional legal steps to solidify custody or visitation rights.

Additionally, one of the more unique aspects of same-sex divorces involves property acquired during the marriage versus before their union. Because same-sex marriage was only legally recognized nationwide starting in 2015, couples who lived together for decades before marrying may face challenges proving when property became marital. Courts in Colorado can consider cohabitation agreements or shared financial arrangements when allocating marital assets.