Even under the most amicable of circumstances, divorce is not easy. When significant assets, business interests, or minor children are involved, the process becomes more complicated and the outcome more important.
If you find yourself in this situation, it is extremely important that you speak with an experienced divorce attorney. At Hogan Omidi, P.C., our Lakewood, CO divorce attorneys can help. Call today to schedule a consultation.
Why Choose Hogan Omidi, P.C.
At Hogan Omidi, P.C., we focus exclusively on family law. Our attorneys have significant experience guiding clients through the Colorado divorce process and understand how great the impact of divorce can be. For this reason, we go to great lengths to fully understand our client’s goals and tailor legal strategies to achieve them.
We have experience in every area of family law and are adept at resolving cases both collaboratively to achieve a settlement and in the courtroom through litigation if it is in our client’s best interests. It is important to remember that a number of other issues typically come along with divorce such as:
- Child Custody (referred to as parental responsibility in Colorado)
- Child Support
- Sousual Maintanence
- Property Division
- And more
Hogan Omidi, P.C. proudly represents clients in Lakewood and throughout Colorado.
Why Should I Hire an Attorney for My Divorce?
While it is possible to handle a divorce without an attorney, it is likely in your best interests to at least speak with a divorce lawyer. If you and your spouse have minor children, significant marital property or assets, business interests, or cannot agree on major issues, it is vitally important that you work with an experienced attorney.
At Hogan Omidi, P.C., our divorce attorneys can help you take a step back, see the big picture, and fully understand the situation and how it may impact your future. We can take a full accounting of all the issues involved, identify what your needs and goals are, and build a plan to give you the best chance of success. That may mean bringing in experts such as accountants, financial planners, psychologists, child psychiatrists, and pediatricians, among others. It may mean that we take your case to court if your spouse refuses to deal with you in good faith. Whatever is required to achieve your goals, your attorney will be there with you every step of the way.
Requirements for a Colorado Divorce
Colorado is a no-fault divorce state. This means that neither party must bear responsibility for the breakdown of the marriage, and fault is not a consideration in property division.
To file for a divorce, one spouse must allege the marriage is “irretrievably broken.” While no fault-based grounds are necessary, there are several other requirements that must be met.
Residency
Filing for a divorce in Colorado requires one of the spouses to be a resident of Colorado for 91 days before filing the Petition for Dissolution of Marriage.
Jurisdictional Requirements
Colorado must have personal jurisdiction over both spouses to hear a divorce case. The court has personal jurisdiction over the filing spouse who is a Colorado resident.
To have personal jurisdiction over the non-filing or responding spouse, one of the following must be true:
- The spouses filed for divorce jointly;
- The responding spouse signed a waiver of service; or
- The responding spouse was personally served in Colorado.
A divorce attorney can help with service issues and explain any alternative ways to serve an absent spouse.
Home State Requirement for Children of the Marriage
There is a home state requirement when a divorce includes children, and one or both parents live out of state. Colorado can only hear the case if the children have lived in Colorado for at least 181 days before filing the custody action or Petition for Dissolution of Marriage.
For children under six months, the home state is where a child has lived since birth.
Property Division Considerations in Lakewood
The issue of property division can be among the most hotly contested issues in a divorce. Especially when high-earning individuals are involved, it can also be quite complex. In Colorado, property is equitably divided between spouses.
There are certain types of property and limitations on property division best discussed with your family law attorney like family businesses, inheritance, and property contained in pre and postnuptial agreements.
Contact an Experienced Lakewood Divorce Attorney Today
It is vital to discuss your decision to divorce with an experienced Lakewood divorce attorney before you file. At Hogan Omidi, P.C., our attorneys can advise you of today’s divorce options in addition to traditional litigation, including:
- Collaborative divorce;
- Mediation, and
- Arbitration.
Hogan Omidi, P.C., can help you with the preparation and filing of your initial paperwork to avoid common clerical errors and potential pitfalls. And, of course, our attorneys can work with you to identify and overcome sticking points in your divorce.
Call Hogan Omidi, P.C., to schedule a consultation or contact us online. We serve clients in Lakewood and throughout Colorado.