Identifying your priorities in a divorce is challenging. Many divorces are emotionally overwhelming and fraught with conflict. When you need an Aurora divorce attorney to help you identify long-term priorities and build toward your future, call Hogan Omidi, P.C.
At Hogan Omidi, P.C., we work to alleviate the stress of divorce through conflict resolution. Our attorneys are experienced in all areas of alternative dispute resolution as well as trial litigation.
Contact Hogan Omidi, P.C., by phone or online to schedule a confidential consultation today.
Why Choose Hogan Omidi, P.C., for Your Aurora Divorce?
Hogan Omidi, P.C., represents a range of clients from Fortune 500 executives and professional athletes to small business owners and retirees -all of whom are interested in protecting their hard-earned assets.
- At Hogan Omidi, P.C., we only practice family law – it’s all that we do. This narrow focus has allowed us to build significant experience in divorce cases and a deep understanding of the law surrounding them.
- Our clients are more than a number and the outcome of their cases is extremely important to us. We focus our efforts on providing the highest quality representation in a smaller number of cases so that we can dedicate the time, effort, and resources necessary to achieve our clients’ goals.
- We realize that no two families are the same and neither are issues surrounding their divorce. For this reason, we custom tailor our solutions to each client and never take a ‘cookie’ cutter approach to our cases.
If you are facing the prospect of divorce, do not hesitate to make an appointment with one of our knowledgeable divorce attorneys.
Colorado is a No-Fault Divorce State
In a no-fault divorce state, neither party is blamed or faulted for the divorce. Instead, a spouse must only allege the marriage is “irretrievably broken” in the Petition for Dissolution of Marriage.
Infidelity and other behaviors are not considerations when dividing assets or debts in a Colorado marriage.
Equitable Property Division in Aurora
Colorado law requires an equitable division of marital property. This means that the division must be fair – not necessarily exactly equal. Under Colorado law, most property acquired during a marriage is considered marital property (with limited exceptions) and can include real estate, bank account, investments, retirement funds, vehicles, business interests, personal property, and even pets.
While many couples are able to reach a settlement on property issues with the help of a mediator or attorney, a judge may decide for those who cannot. In these circumstances, a judge will decide what type of property division is fair. Factors a judge may consider include:
- The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as a homemaker
- The value of the property set apart for each spouse
- The economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse with whom any children reside the majority of the time
- Any increases or decreases in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes.
Child Custody in Aurora
In Colorado, child custody is referred to as “parental responsibilities” and visitation is known as “parenting time”. The allocation of parental responsibilities, including parenting time and decision making authority, is determined by the court if the parents cannot agree. In most cases, it is presumed that it is in the best interests of children of a marriage to have a relationship with both parents. In making the decision, the court may consider other factors such as:
- The wishes of the child or his or her parents,
- The relationship between the child and parents, siblings, or other person
- The child’s adjustment to his or her school, home, or community,
- The mental and physical health of all individuals involved( except that disability alone shall not be a basis to deny or restrict parenting time,
- The ability of each party to put the needs of the child ahead of their own,
- Credible evidence of spousal abuse
- Among other factors
Qualifying for a Colorado Divorce
To file for a Colorado divorce, a person must be a resident of the state. This means they must live in Colorado for 91 days before filing the Petition for Dissolution of Marriage. If couples have minor children (children under the age of 19), the children must have lived in Colorado for at least 182 days or since birth if they are under six months old.
There is a 91-day minimum waiting period for a divorce from the date the responding spouse receives the divorce papers.
Contact an Experienced Aurora Divorce Attorney
For more information about an Aurora divorce or any of the information on our website, contact Hogan Omidi, P.C. Our attorneys will gladly sit down with you and answer your questions.
At Hogan Omidi, P.C., we believe in thoroughly preparing all of our cases as if they were going to trial. We find this is the best way to go into any situation.
You can reach us in Aurora by phone or by filling out our contact form. We serve clients throughout Colorado.