September 3, 2022
At Zweig Law, PC, we know that you probably have serious questions and concerns about what divorce is going to be like. Each situation is unique based on the couple as individuals and their relationship. But to shed light on what is to come, we have answered some of our client’s most common divorce concerns. We hope that this offers clarity for those who are going through a divorce or are preparing to. If you need further assistance, don’t hesitate to contact a divorce lawyer Colorado residents trust to have your worries put at ease.
What is the first step in a divorce?
The initial step in the divorce process is officially filing for divorce. For the state of Colorado, you must state that the marriage is broken without repairability in order to get a divorce. The issue of fault is not included in the first petition. To file for divorce, one or both spouses must file divorce documents to the court, including a Financial Statement, Certificate of Compliance, Separation Agreement, Decree, Parenting Plan, Pretrial Statement, Support Order, and possibly a Child Support Worksheet.
Who gets to keep the house in the meantime?
The couple may decide that they can amicably cohabitate while the divorce is proceeding. If the house is large enough, one spouse may reside in a separate room or area. But most couples don’t want to keep living under the same roof, no matter how big the property is. It can be challenging to be at odds and enter into divorce disputes when you are still living with that person. If there is no agreement as to who should remain in the marital home, one spouse can request that they receive exclusive use and possession of that property. If the court grants this request, the other spouse is not permitted to reside at that residence any longer.
How long will it take until the divorce is final?
For the state of Colorado, at the shortest, a divorce may finalize around three months. However, this only applies to the most straightforward and simple of divorce cases, such as those that do not involve children or other matters that could prolong the proceeding. Typically, a resident of Colorado can expect to have their divorce concluded at around 6-12 months. But keep in mind, that is a general time frame and each divorce case is going to vary based on the factors of the marriage.
Why is there a difference between legal separation and divorce?
Divorce and legal separation only differ because of one element: the divorce terminates the married status, while a legal separation preserves this status as still being legally married. During legal separation, the same types of conversations will need to be had, such as terms of property division, debts, spousal support orders, child support, and child custody orders. Legal separation may be a good alternative for those who know they cannot live together anymore but are not sure whether reconciliation is possible in the future. A legal separation can easily be turned into an official divorce if needed down the road.
When does temporary spousal support go into effect?
Temporary spousal support may be ordered by the court and paid while the divorce is proceeding. Some courts adhere to a calculation when deciding how much should be paid in spousal support. This temporary support is calculated similarly to child support, where an equation is used but the court may also consider other factors and increase or decrease this amount. In some states, if the couple was married for more than a decade, the lesser-earning spouse may get support for as long as they need, permitting the other spouse has the ability to pay. When the spousal support goes into effect will vary based on what is reasonable for the transition from married life to being single and financially self-sufficient.