Law Firm of Lindsey Daugherty | Denver, CO 80210 | (970) 290 - 8465 | Douglas, WY 82633 | (307) 359 - 3607

Law Firm of Lindsey Daugherty | Denver, Colorado Attorney

Family Law Frequently Asked Questions

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What should I do after I have been served divorce papers?

First, you should obtain legal advice to find out what your rights are. You should begin to gather information that you will need throughout this process. Financial records such as titles, deeds, bank statements, pay stubs, retirement account information, etc. will be helpful to determine how assets will be divided. You will also want to gather medical records for you and your children, school records for your children, and any other document you think is important that has to do with your children and your involvement as a parent. You may also want to start keeping a journal of events that are happening involving spouse, children, and any issues you are having. Lastly, you should try to keep everything as civilized and peaceful as possible, especially if you have children.

How long does it take to get a divorce?

In Colorado, you must wait at least 90 days from the time the divorce is filed to the time it will become final. This time period could be longer if the spouses are not willing to work with each other.

What is a legal separation?

This means that you are still legally married but separated and may not marry anyone else. On the other hand, when you are divorced, you are no longer legally married and are able to marry another person.

Can I get an annulment in Colorado?

You must be a resident of Colorado for 30 days before filing for an annulment. When a marriage is annulled it is as if the marriage never existed. There are specific factors a court looks to in order to determine if a marriage may be annulled.

Colorado is a no-fault Divorce state. What is this?

This means that there does not need to be a specific reason for a spouse to want a divorce in Colorado.

If I just moved to Colorado can I file for Divorce?

You must have lived in Colorado for 90 days and have the intent to live here permanently before you can file for divorce.

How does the court determine child custody?

The court will always look at the best interest of the child and determine custody based on a variety of factors.

What if my spouse starts selling our belongings?

Items purchased during the marriage are considered marital property and may not be sold/disposed of during this time. You should go to the court and get an order prohibiting your spouse from doing this. Also, make note of whatever your spouse has sold/disposed of for your attorney.

Am I entitled to our property if my name is not on the title?

Am I entitled to our property if my name is not on the title?

Do I need an attorney in order to get divorced?

It is advised that you retain an attorney in your divorce proceedings. There are many complicated issues that will arise throughout the divorce, especially involving property division and child custody.

What is mediation and how does the mediation process work?

Mediation is a way to find solutions to issues that arise during divorce proceedings such as child custody and spousal support. All parties, as well as their attorneys, meet with a court-appointed third party. This third party assists both sides to determine a plan that will work for both spouses. While mediation is not always successful, it is a good place for both spouses to attempt to come up with an agreed-upon plan.

I do not want the father/mother of my child to ever see my child. What are my rights?

Permanently terminating parental rights is not something the court will take lightly. There is a high burden of proof to establish when requesting that a parent’s rights be terminated and it will be in your best interest to retain an attorney to assist you with this issue.

I am a grandparent and I am being refused visitation to see my grandchildren. Do I have any rights?

Grandparents have rights under the Uniform Dissolution of Marriage Act, as well as the Children’s Code in Colorado. A grandparent may seek rights to grandchildren in situations where the child is not currently in the physical care of a parent or when the grandparent has had physical care of the child for at least six months under the Uniform Dissolution of Marriage Act. There are also various ways for grandparents to preserve visitation rights under the Children’s Code.

What are the advantages of making my fiancé sign a prenuptial agreement?

Creating a prenuptial agreement has many advantages such as protecting your property, reducing conflicts if you are ever to be divorced, protecting family heirlooms, and protecting family businesses and family members, among other things.



Background Photo Credit: Kasia Broussalian © 2015