Professional Family Lawyer in Evergreen, Colorado
Legal Separation and Dissolution Representation in Evergreen, CO
This office ALWAYS recommends the not-for-profit organization marriage encounter and its weekends to strengthen and heal all marriages at any time, but especially when in difficult moments.
Worldwide Marriage Encounter is a non-denominational organization that, to this office seems to focus upon the communication and understanding of the partners. However, it does affiliate with most all, if not all, religious organizations to provide weekends to heal and strengthen couples' relationships.
Nonetheless, you are now ready for legal separation or dissolution. A legal separation is a binding six month or longer separation from your spouse. This may entail sharing of parenting time and decision making for your children. After the six months of legal separation either side may alone turn the legal separation into a legal dissolution by papers filed with the court.
A dissolution of marriage in Colorado, since 1973, has no longer required any legal grounds for the divorce. All it takes is one party's sworn statement that the marriage is "irretrievably broken."
When Colorado eliminated the necessity of grounds for the dissolution, the legislature wisely imposed a statutory 91 day cooling off period after the filing and service of the other party.
Child Custody Lawyer in Evergreen, CO
Then, are there minor children involved? A child under the age of 19 who is not self-supporting or in the military is considered to be an un-emancipated minor for whom each of the parents has a duty of support. Colorado Revised Statute CRS 14-1-124 lays out the factors for the court to consider in the allocation and determination of parenting time to each of the parents and decision making for the un-emancipated children.
Colorado Revised Statute 14-10-115 lays out a table for the calculation of child support of the un-emancipated minor children between the parents based upon overnights and the combined gross monthly income of the parents. After the un-emancipated minor children issues have been resolved by the Court on either a temporary basis (during the passage of the 91 days or date of permanent orders hearing) or permanently at the permanent orders hearing; always subject to modification as provided by other Colorado Statutes.
The division of property and debts is next addressed and allocated pursuant to Colorado Revised Statute 14-10-113 by the Court. Then, maintenance or alimony is determined pursuant to Colorado Revised Statute 14-10-114 and the factors set forth therein. Lastly, attorney's fees and costs are awarded pursuant to Colorado Revised Statute 14-10-119. Invariably and unrepresented father will contribute approximately half of his spouses attorney's fees incurred in contesting his parenting time, decision making, property and debt division, and maintenance to his spouse.
This is general information and is not intended to be relied upon without the consultation of this office.