Family Law Blog

Just the thought of having to defend false accusations of child abuse is enough to give any parent a chill, but unfortunately, this kind of thing is quite common among parents who are fighting for custody in Colorado family court.  As a Colorado Springs family lawyer, I see quite a bit of these tactics played out between parents, and it is a shameful attempt to destroy a person’s life.

As Colorado couples seek to minimize the expense of getting divorced, they are looking for ways to simplify the process and minimize legal fees and court costs.  Sometimes, taking it one step at a time, instead of aiming for an immediate divorce decree, is a more sensible way to resolve your differences. If you expect to move slowly toward a divorce settlement, you may want to consider a legal separation in Colorado.

While some people might think “common law marriage” went out of style at about the same time as bell bottom jeans and the VW bus, the truth is that common law marriage in Colorado is still alive and kicking!  The problem is, too many people got confused when they started believing all the myths about the law, so it has become a lot less “common” than it was in the 60’s and 70’s. 

Here are five things you might not know about Common Law Marriage in Colorado:

With so many complicating factors to consider, getting a Colorado military divorce is confusing enough; but determining jurisdiction for the division of military divorce benefits can make it even more complicated.

The Uniformed Services Former Spouse Protection Act (USFSPA) was developed to allow the divorce courts within a state to divide up the “marital assets” share of military retirement pay as if it were community property.  While the main provisions of this law are clearly understood by most couples, there is one provision that is often overlooked; Jurisdiction. 

For some people, the thought getting divorced is much too stressful on the family, so they choose not to jump into it right away.  It is not uncommon for couples to remain separated for many years by choice.  Legal separation is chosen over divorce for religious reasons, to maintain health coverage for a spouse, or to qualify for the Social Security death benefit. 

There is still quite a bit of confusion about legal separation vs. divorce in Colorado.  Are you wondering which way to go?  Here are some of the key facts that differentiate separation and divorce.

One of the easiest ways to move a Colorado divorce action forward quickly is to start with a legal marriage separation.  A legal separation in Colorado is usually accompanied by a legal separation agreement, a document that requires a couple to make the same decisions that they would make in a marital settlement agreement. 

Filing for legal separation is easy.  A Colorado Springs family lawyer can help you draw up the necessary documents, or you may choose to handle this part of it yourself, but there are basically three steps to turning a legal separation into a divorce in Colorado.

How do I file for divorce in Colorado Springs? Do I need a Colorado Springs divorce attorney?                                   

You or your Colorado Springs area lawyer will have to prepare a Petition and a Summons and other accompanying documentation as directed by the Court. You begin the Colorado divorce process by filing your Petition and Summons with the clerk of the district court in the Colorado county where you or your spouse lives. You will have to pay a fee to file these papers unless you have a very low income and qualify for a fee waiver.

Copies of the divorce Petition and Summons must be officially delivered (or, in legal terms, served) to your spouse by someone other than yourself who is over the age of 18. The Summons is a paper that notifies your spouse that you are filing for a divorce and that he or she should file the Response.

In the Response, your spouse then indicates what needs to be resolved by the court. For example, he or she might object to your request for spousal support or sole custody of your children.

There are several steps that may occur after you file:

Is there Difference between a legal separation and annulment (declaration of invalidity) in Colorado?

Yes. You can get a legal separation or an annulment (in Colorado an annulment is called a “declaration of invalidity”). 

A Colorado Springs military divorce lawyer can assist you with either.

* Declaration of invalidity (annulment). If you are granted declaration of invalidity, it is as though your marriage never existed. You may be able to get a declaration of invalidity if you entered to marriage under the following circumstances:

Any Colorado divorce attorney will tell you; take the time you need to construct a workable parenting plan.  Some couples are so caught up in claiming their parenting time and determining physical and legal custody that the parenting plan often stops there.  However, being divorced means your relationship will change dramatically over the coming years, which may mean you don’t see eye to eye on important parenting issues.  If you are working with a Colorado divorce lawyer, he or she should make sure nothing is left out of this agreement. 

The parenting plan is an agreement between parents that outlines their specific responsibilities concerning minor children.  It includes both decision making and parenting time, but it should also cover topics like religion, dispute resolution, and medical issues. 

Below is a brief overview of what your parenting plan should cover, but be sure to seek the advice of a Colorado divorce attorney before you make a formal agreement.  A Colorado family law attorney will tailor the document to meet the specific needs of your family.

Do I have any options in how I handle my divorce or do I need a Colorado Springs military divorce lawyer?

Yes. You have several alternatives, including the following:

1.       Full attorney representation: You can get a divorce by having a Colorado Springs Attorney represent you in your divorce.

2.       Limited attorney representation: You can hire a Colorado Springs Family Law Attorney to assist you in a limited capacity with certain parts of the process.

3.       Mediation: for simple Colorado Divorce cases you and your spouse can reach a negotiated resolution with the assistance of a mediator in a non-adversarial setting and without going to trial.

4.       Self-representation (pro se): You can act as your own attorney.  However, the Courts typically will not give any special considerations to pro se party so it is important to understand that by representing yourself, you are taking a significant risk.

There can be advantages and disadvantages to each one of these alternatives. The course of action most appropriate for you will depend on your particular situation. Factors such as time, cost, the impact on your children, the communication between you and your spouse, and a desire for control in the process may influence your decision.

A Colorado Springs Military Divorce Attorney will be familiar with Colorado law and can determine the best way to handle your situation.  

Contact us now for a free consultation.