Divorce is one of the most difficult experiences a person can endure. It involves a reshaping of your perspective on your future, a sense of loss at what you will not experience with your spouse, and a legal process that can affect every aspect of your life. Coupled with these difficulties are complex emotions like grief, resentment, sadness, and apprehension for an unknown future. The compassionate Cherry Creek divorce attorneys with Hogan Omidi, PC, are here to provide steady guidance to you during this difficult time. We want to ease your burden and help you focus on what you want from the next phase of your life. With clear priorities, we can work toward achieving your objectives. For a confidential consultation with one of our top Cherry Creek divorce attorneys, call us at (303) 691-9600 or contact us online.
How Divorce May Affect You
Every divorce case is different, but some of the common legal issues we assist clients with include:
Colorado is an equitable distribution state. This means that there is not an automatic 50/50 split of your property. Instead, the court tries to allocate property to each spouse based on what is “equitable” or “fair.” This may not necessarily mean “even.” The onus is on the divorcing parties and their lawyers to:
- Classify property as marital or separate – Marital property is generally any property acquired during the marriage, regardless of whose name is on the title. Separate property is the property spouses owned before marriage, subject to a valid marital agreement, received as a gift or inheritance or received after a legal separation. Separate property may have a marital component if it has increased in value during the marriage.
- Determine property value– For some properties, the spouses may be able to agree on the value of the property or use an objective way to determine the value. In other situations, a professional appraisal may be necessary to determine the value.
- Provide necessary disclosures – Spouses are expected to share accurate information about their finances, assets, and debts so they can work toward a fair property settlement.
- Determine how to divide the property – The spouses are encouraged to reach a settlement agreement in which they determine a fair allocation of the marital property or debt.
If the spouses are unable to reach an agreement regarding property division, the court can make these decisions. Our lawyers can assist with the property division process by:
- Explaining your options regarding various types of property, including the family home
- Fighting for you to retain certain property that best serves your long-term needs
- Arguing factors the court considers when making property determinations, such as economic circumstances or your contribution to the acquisition of the marital property, to establish the legal basis of your argument
Maintenance (Sometimes Called Alimony in Other States)
Colorado recognizes various types of alimony, including:
- Temporary Maintenance – Temporary maintenance can be awarded while the divorce case is pending and until it is final. A presumptive amount of maintenance does not apply to couples with an annual combined gross income in excess of $250,000. Instead, the same factors that determine permanent maintenance are considered to determine what is fair in a given case.
- Maintenance at the Final Decree – Maintenance may be awarded when the court determines the lower-earning spouse needs the financial support of the higher-earning The court considers many factors when determining the appropriateness and amount of maintenance to award, including the financial resources of the spouse seeking maintenance, the duration of the marriage, and the standard of living established during the marriage. Depending on the circumstances of the case, the award my be for an indefinite term, or may be awarded for a fixed term if the court determines that the recipient spouse can become self-supporting in a reasonable period of time with the acquisition of additional education, training, or job skills.
Child custody in Colorado is determined by the best interests of the child. The court begins with the presumption that it is in the child’s best interests to have a meaningful relationship and frequent contact with both parents. Our team can help you create a parenting plan and create an allocation of parental responsibility that allows you to have a meaningful role in your child’s life.
Both parents have a legal obligation to provide financial support to their children. However, determining a proper amount of child support to award can be complicated, especially in cases involving complex assets or high net worths. Our experienced family lawyers can help determine a fair amount of support and help you negotiate for it.
Our Unique Approach
We do things differently at Hogan Omidi, PC. We take a deliberate approach that focuses on the big picture and your long-term goals. Our partner wrote the Colorado Family Law Practice Series, the go-to reference book relied on by judges and family law attorneys throughout Colorado. We have an intricate knowledge of Colorado family law, which we rely on to advise you on the best way to approach your case. We also have decades of combined legal experience, so we understand everything that is at stake in a divorce.
While our divorce lawyers are experienced trial attorneys, we often advise using alternatives that may help you resolve your divorce with minimal conflict and stress. These methods may also help you reduce legal expenses during the divorce. When the situation is appropriate, we may recommend:
- Collaborative law – In collaborative law, you and your spouse agree not to litigate your case and instead work together to reach a fair settlement.
- Mediation – In mediation, an objective third party helps you and your spouse work collaboratively to reach a fair settlement agreement that you present to the court for approval.
- Arbitration – Arbitration allows you to pick someone with family law expertise to make critical decisions in your case through an expedited process with fewer procedural hurdles.
Contact a Compassionate Cherry Creek Divorce Attorney for Help with Your Divorce Case
If you are going through a divorce, you deserve a compassionate lawyer who knows and understands the law. At Hogan Omidi, PC, we focus exclusively on family law. We have written the book on Colorado family law and can use our in-depth knowledge to help you achieve your goals.
Contact us online to schedule a confidential consultation with a compassionate Cherry Creek divorce attorney.