Boulder Divorce Lawyer

How Does Divorce Work in Colorado?

Divorce is often the first time that separating spouses encounter the court system, which is why there is often a great deal of confusion and concern at the beginning of the process.

At The Harris Law Firm, we find that one of the best things folks can do to prepare for divorce is to educate themselves about the process and what to generally expect. While we always invest time in helping clients understand how their specific cases may play out, coming into the process with a general understanding of how it works is never a bad idea. 

Here are some key topics about Colorado divorce:

• Colorado is a No-Fault Divorce State. Colorado is a no-fault state, which means that you are not required to explain to the Court why you are requesting a divorce. To seek a divorce, one or both parties only needs to assert that their marriage is over. 
• How “Bad Behavior” Factors Into Cases. Separating spouses often point toward the other side’s “bad behavior” when discussing their goals in divorce. Generally, “bad behavior” between spouses is not a factor the Court considers when making decisions about financial matters (as assets and debts are divided equitably in divorce) or something Courts use to punish or reward either party in matters of child custody. However, “bad behavior” can be a factor in some matters, including protection orders sought by victims of domestic violence and child custody proceedings in which a spouse’s conduct or actions affect the safety and well-being of children. 
• You Don’t Have to “Go to Court.” Many people mistakenly believe that divorce is an adversarial process that must be hashed out in a trial-like setting. The reality is that most divorces do not go to trial and are instead resolved out of court through communication and collaboration. Our team is experienced in helping spouses resolve disputes and difficult decisions through out-of-court negotiations and alternative dispute resolution processes like mediation. In cases where parties are unable to resolve issues amicably, we are prepared to protect our clients’ rights and interests in dissolution hearings. 
• Equitable, Not Equal, Distribution. Divvying up property in divorce is more complex than splitting things down the middle. That’s because divorces require spouses to identify marital and separate property and account for all assets (including real property and things like retirement accounts) and debts subject to division. Further, Colorado employs what’s known as equitable distribution, which means that divisible property is divided in an equitable, though not necessarily equal, manner. Separating spouses have a lot of flexibility in striking compromise and structuring equitable distribution agreements that work for their specific needs, goals, and situations. At The Harris Law Firm, we have experience helping clients handle a range of issues involving equitable distribution, including complex issues involving hidden assets, large estates, business ownership, and more. 
• You Can Take an Active Role. The most productive cases tend to involve spouses who take an active role in their legal journeys. This is not to say that they handle all the legal nuances and matters on their own, but rather that they engage in productive conversations with their counsel and make informed decisions based on their insight and recommendations. This could mean resolving property disputes by deciding to keep a certain asset while relinquishing another or coming to a reasonable agreement about parenting time with the help of a lawyer who gives you the information you need to make an informed decision.

Contested vs. Uncontested Divorce

While every case is different, divorce cases generally fall into one of two categories: contested and uncontested divorces.

• Contested divorces are those where spouses are unable to reach agreements on one or more of the key issues involved in their divorce (i.e. custody and parenting time, property division, spousal support, etc.). In these types of divorces, couples may require court intervention to settle agreements, be they hearings, facilitated negotiations, or trial. Contested divorces usually last longer and are more costly than divorces where spouses can communicate and compromise and may make transitions more difficult for any minor children. 
• Uncontested divorces generally involve spouses who can reach agreements about important issues in their cases. While an uncontested divorce isn’t necessarily one that’s free from disagreement, it is one in which spouses can communicate, negotiate, and effectively resolve issues or disputes without court intervention. When negotiations or mediation are facilitated by experienced attorneys, spouses in uncontested divorces can still obtain favorable outcomes while also saving time, expenses, and frustration. At The Harris Law Firm, many of our lawyers are certified mediators with extensive experience helping clients resolve issues out of court. 

At The Harris Law Firm, we take the time to help our clients clearly define their expectations and goals and explain what they can do to facilitate an uncontested divorce. By providing our clients with information and options, we empower them to make important decisions about their futures while forging a process that is as minimally stressful and disruptive as possible. 

Of course, we recognize that there are situations where negotiation and compromise aren’t possible. In these matters, our attorneys work aggressively to protect our clients’ rights in hearings and litigation before the court. 

Other Divorce-Related Services

In addition to providing comprehensive counsel and representation in divorce and related proceedings, our Boulder divorce lawyers also offer other services for divorcing clients. This includes:

• Unbundled legal services. The Harris Law Firm proudly offers our LawYourWay℠ resources to clients looking for a do-it-yourself option. This legal client offers divorcing spouses to access expert legal advice while still representing themselves, and to pay for only the legal services and specific counsel they need. 
• Estate planning. Divorce can be a great opportunity to create or update an estate plan that better reflects your current situation and your new future and goals. At The Harris Law Firm, we offer comprehensive estate planning services to help protect your legacy and those you love. 
• Alternative Dispute Resolution. Our legal team includes attorneys with considerable experience helping divorce clients resolve issues through alternative dispute resolution like mediation. ADR can be a great way to avoid costly disputes and frustration and is applicable to a range of issues involved in divorce and other family law proceedings.

Why Choose The Harris Law Firm?

The Harris Law Firm is an award-winning trial practice with a legacy for providing experience-driven representation to individuals and families in divorce and family law proceedings. It’s why we’re one of Colorado’s largest and most trusted family law firms. 

If you’re contemplating divorce in Boulder County or are ready to take steps toward initiating one, you can be confident about placing your trust in our team. Here are a few reasons why:

• Experience. Backed by over 250 years of combined experience, our attorneys have been trusted by clients and colleagues to handle the most difficult cases, including high-conflict divorces involving complex estates and challenging disputes.
• An award-winning firm. Comprised of attorneys who are routinely selected to The Best Lawyers in America, Super Lawyers, and other peer-review-based accolades, our firm has earned widespread recognition as one of the region’s most accomplished divorce and family law firms, 
• Personalized support. From initial consultations and case evaluations to difficult negotiations, court hearings, and trial, we provide a level of personalized representation that empowers our clients with the support they need to navigate an unfamiliar legal process and make informed decisions about their cases and their futures.   
• Comprehensive counsel. From matters involving high net worth and complicated assets to difficult disputes, domestic violence, and child custody concerns, we have the breadth of experience to tackle all challenges. We also have a thriving estate planning practice to help recent divorcees address new financial situations and goals with sensible estate planning tools. 

Call to Request a Consultation: (303) 622-5502

The Harris Law Firm is a Best Law Firms™ Tier 1-rated Family Law practice with a reputation for providing experience-driven representation to clients across Boulder County and the state of Colorado.

If you have questions about a divorce case and how you can best protect your rights and interests, our Boulder divorce attorneys want to help. We offer confidential consultations to clients statewide and ae standing by to take your call. Contact us online or call (303) 622-5502 to get started.