Centennial Divorce Attorney

Guiding You Through the Divorce Process

Divorce is the legal process by which a marriage is formally dissolved. It involves terminating the marital rights and obligations between the spouses, typically requiring court approval. Divorce proceedings address various aspects of the marital relationship, including finances, property, and, if applicable, child custody and support. The goal is to equitably resolve the issues that arise when ending the marriage, ensuring that both parties can move forward independently.

Divorce is a legally complex and highly personal process that can last months or years. Continuing disputes over assets and money only serve to prolong a resolution and, ironically, deplete financial resources. Regardless of the length of the proceedings or tone of the divorce, the best interests of the children should remain a priority.

At the Law Office of Alexandra White, PC, we can help you understand your options and guide you through the divorce process.

Our Centennial attorneys provide guidance through all aspects of divorce, including:

• Property division: Involves the division of assets and debts acquired during the marriage. States generally follow either community property (equal division) or equitable distribution (fair but not necessarily equal division) principles.
• Spousal support/alimony: One spouse may be required to provide financial support to the other after divorce, either temporarily or permanently, depending on factors like the length of the marriage, earning capacity, and the recipient spouse's need.
• Marital agreements: These include prenuptial or postnuptial agreements, which are contracts entered into before or during marriage outlining the division of assets, debts, and spousal support in the event of divorce.
• Post-decree divorce modifications: After a divorce is finalized, circumstances may change, necessitating modifications to existing court orders regarding child custody, support, or spousal support.
• Common law marriage: Couples who live together and present themselves as married may be considered legally married without a formal ceremony. Divorce for common law marriages involves the same legal processes as traditional marriages.
• Domestic violence: In cases involving abuse, additional legal protections such as restraining orders or protective orders may be necessary during the divorce process to safeguard the victim.
• Multi-state & international divorce: Divorce may be complicated when spouses reside in different states or countries. Jurisdictional issues can arise, especially regarding property division, spousal support, and child custody.
• Divorce mediation: A method where both parties work with a neutral third-party mediator to resolve issues and reach a settlement without going to court. Mediation can be less adversarial and more cost-effective than traditional litigation.
• Child custody & visitation: Deciding where the children will live and the arrangements for visitation or parenting time. The court often prioritizes the best interests of the child, which includes the stability of their environment and relationships with both parents.
• Child support: Financial payments from one parent to the other to ensure the child’s needs are met. Support is typically calculated based on both parents' incomes, the number of children, and the custody arrangement.

Whether a marital dissolution is resolved through mediation or trial, the financial toll on parents may be calculable, but the emotional trauma on children placed in the middle of heated decisions cannot.

Filing for Divorce in Arapahoe County

In a divorce, each spouse takes on a unique role. The party that files for divorce is the "petitioner," while the other party is the "respondent."

To file for divorce in Colorado, you and/or your spouse must meet the following requirements:

• At least one party must have been a resident of Colorado for 91 days or more before filing for divorce;
• Whichever party receives a summon must be under the jurisdiction of Colorado;
• If you share children, they must have made Colorado their primary residence for at least 181 days;
• The court must wait at least 91 days after the respondent receives their summons to finalize the divorce.

The petitioner must file various forms with the court to initiate the divorce process. These forms include:

• A petition detailing the circumstances of your divorce, why you wish to dissolve your marriage, your proposed terms for divorce-related processes such as property division, alimony, child custody, and child support, and information about your finances and circumstances such as tax returns, mortgage and income statements, pension plan information, benefits statements, etc.
• A summons for the respondent notifying them of the divorce;
• Various other forms depending on the circumstances of your case and whether you share children, wish to pay for or receive alimony or child support, etc.

After filing these forms, a third party such as a sheriff or process server must serve the respondent with a notice informing them of the divorce. The respondent then has the opportunity to respond to the petitioner by filing a response.

How the divorce proceeds from this point often depends on whether the divorce is contested or uncontested.