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Contested Divorce Lawyers

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Contested Divorce Lawyers

Engage a Contested Divorce Lawyer in Denver and Protect Your Future

The decision to dissolve a marriage is never easy. Although sometimes couples can part amicably and the legal proceedings are without drama, this is not always the case. Unfortunately, many divorces are less than peaceful. Spouses don’t always agree on the best ways to move forward, and situations can become tense.

In times like this, working with an attorney experienced in contested divorces is critical. You want the advice and counsel of a professional who understands the law and will fight aggressively to protect your future.

Your Goals Are Our Goals

The team at Price Family Law is not only well-versed in Colorado divorce law, they are also skilled negotiators who are committed to their clients’ best interests.

Finalizing divorce settlements can be contentious.

We work with our clients to understand their situation, what led to their divorce, and what their wants and needs are now. Gathering details on your relationship and how you lived can be incredibly valuable when building your case. Based on this information, we draft a settlement that accurately represents your goals.

Preparation is key. Our team is always ready to advocate for our clients in court, proving why the divorce should be settled in the way we have presented. Contact a Denver Divorce Lawyer today at 720-615-1750 for a free consultation.

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Leverage the Knowledge and Experience of Contested Divorce Lawyers

What Happens If A Divorce Is Contested

In most cases, divorce is traumatic, even when the relationship is no longer rewarding. You have likely become accustomed to a certain way of life. The benefits of marriage are considerable. The combination of companionship, shared household and parenting responsibilities, and, in many cases, a two-person income set the stage for a specific way of life. The changes that accompany divorce are considerable, even when the proceedings go smoothly.

When they don’t and divorce is contested, the process can be agonizing. It often includes significant paperwork, multiple deadlines, never-ending arguments, and lots and lots of emotions for all involved. Working with a skilled divorce lawyer can help you mitigate the stress associated with a contested divorce. At the very least, we take the administrative tasks off your plate, and, in most cases, we can relieve you of so many more concerns.

At Price Family Law we have experience dealing with the broad range of issues that arise when divorcing couples disagree. The most common are:

  • Child Custody: Also known as parental responsibility, this is determined based on the best interests of the child. Factors that are considered by the courts include, but are not limited to, parental wishes, location of the parents’ residences, the child’s relationship with parents, emotional well-being, and physical health of both parents, and (in some cases) child preferences (based on age). Issues of domestic violence can impact this decision as well.
  • Alimony (Spousal support/maintenance): Colorado judges may award support based on a number of issues, which include future earning capacity, education, standard of living, how long the marriage lasted, age of spouses, health of spouses and the current financial situations. Keep in mind that spousal support is not mandatory in Colorado. When maintenance is awarded, it is usually temporary and is determined by specific rules.
  • Financial Distribution: It is important to recognize that in cases of divorce in Colorado, property (real and financial) will be allocated equitably. This is different than equally; there is no guarantee of a 50/50 split. In making these decisions, the courts take into account a number of factors regarding acquisition to help determine distribution. Additionally, debts will also be allocated. The team at Price Family Law has first-hand experience managing divorces for couples with complex financial positions. By leveraging this knowledge, we can better advocate for you.

Our team is ready to go to work for you. We appreciate how emotional divorce can be and are committed to not only providing you the highest quality legal advice, but also to serving as a calming force throughout the process.

Understanding Divorce in Denver: An Overview

Uncontested Versus Contested Divorce – The Difference

Divorce in Denver, Colorado, can be described as either uncontested or contested. The differences are considerable, and the impact of each is unique.

Uncontested divorces occur when spouses agree on all the details of their divorce, including (but not limited to) the division of assets, child custody and support, and maintenance. Because conflict regarding these important factors is minimized, uncontested divorces tend to be simpler. While they still need to be approved by a judge, they do not require long and drawn-out hearings. In general, uncontested divorces settle more quickly and result in lower legal fees.

On the other hand, when a disagreement between spouses exists on the issues related to their separation, the divorce is deemed contested.

What Happens If Divorce a Is Contested?

When a divorce is contested the involved parties go to court with their divorce attorneys and, based on both the evidence presented and the couple’s testimony, a judge makes the final decision on all disputed issues.

Clearly, an uncontested divorce is an easier process, but separating adults often have differing ideas of what is both fair for each other and best for their minor children, should there be any. Working with a skilled divorce attorney who is experienced in representing individuals in contested divorce hearings is critical. You want to ensure that your best interests are protected and that your story, your wishes, and your beliefs are effectively presented.

Contested Divorce Procedure

If your marriage is over and you know that you and your soon-to-be ex-spouse will have opposing views on how best to end the marriage and structure your futures, engaging a well-respected contested divorce attorney should be the very first thing you do.

You want to ensure that the professionals and their firm are well-versed in Colorado divorce law and experienced in representing clients in the local Denver courts. The approach and skill of this firm will dictate the tone of the process and impact the end results.

Once you have selected an attorney with whom to work, that professional will guide you through the process. In Colorado, there are a number of administrative steps to take in order to obtain a divorce. You must:

  • Complete and File a Petition for Dissolution of Marriage or Legal Separation: The document must be completed and submitted in duplicate to the City and County Building in Denver. This is where the city clerk’s office is located.
  • Notify Your Spouse: Your spouse must be provided legal notice of your divorce petition. If you file jointly, you do not need to do this, because they are already aware of the happenings.
  • Petition Response: Your spouse has 20 days from receipt of the petition to respond. If they fail to do so, then they are, in effect, relinquishing their rights, and your requests will likely be granted. If your spouse responds within the 20-day time frame and agrees with the petition details as submitted, the divorce would be uncontested. Should your spouse file a response disputing your petition, a meeting at the court will be scheduled. If an agreement cannot be reached during this Initial Status Conference your case will go to trial.
  • Trial and Finalization: During your trial, both you and your spouse (and your lawyers) will have the opportunity to share your wishes, along with any evidence which supports why your plan is best. The judge will carefully listen to everything presented and will ultimately make a decision and issue a Decree of Dissolution of Marriage, which finalizes your divorce.

Working with a skilled contested divorce attorney is a valuable investment in your future. They will manage the process from beginning to end, ensuring that all paperwork is filed in a timely fashion. Additionally, they will represent you in court and present your case in the best possible manner.

Frequently Asked Questions About Divorce

Our Denver Contested Divorce Lawyers Address Your Concerns

No two individuals are the same. When you understand this to be true, it makes perfect sense that each relationship and marriage is also unique and, when they end, the specific issues at heart are incredibly personal.

At Price Family Law we understand and appreciate this. We know that while we can leverage our experience and knowledge, we cannot specifically duplicate our approach from case to case. Each situation needs and deserves personalized attention and tailored service. Our responses to our client’s questions and issues depend upon their specific situation.

While this is always true, those contemplating divorce, in general, often have a host of questions that can be addressed with more standard responses. The information gained by understanding some basic facts can help those who are facing a significant life change make some important decisions on how to move forward.

Below, our team has shared some of the questions we hear most often and our answers to them.

This means that during the divorce process, fault will not be assigned to either party. Thus, certain behaviors, like infidelity, will not factor into the decisions regarding the settlement.

Depending upon the issues involved, it may very well be worth contesting your divorce. For example, if there are many things on which you and your spouse simply cannot agree (like child custody, alimony and the division of substantial property and finances) a contested divorce may be your best option. However, if you can agree on almost everything and the issue holding up the divorce is minor (perhaps the division of a small bank account), you may want to reconsider contesting. Our divorce attorneys will review your situation during your free consultation and provide you with advice on how best to proceed.

This is one of those questions where the answer varies depending upon your specific situation. That said, divorce in Colorado is never immediate. The state has a mandatory 91-day waiting period before a divorce can actually be granted, and this is the quickest it can happen.

When the divorce is contested, it will likely take much longer, as court hearings are involved. Your contested divorce lawyer can provide you a more accurate time frame once they have reviewed the specific factors of your case.

In order to file for divorce in Colorado you must be a resident of the state for at least 91 days.

Child custody (referred to as parental responsibility in Colorado) is based on what is in the best interests of the child. Both parenting time (how much time the child spends with each parent) and decision-making responsibility will be determined by the court when parents do not agree.

In general, the legal fees for a contested divorce are higher than one which is uncontested. If you think about it, it makes sense. Your attorney will need to invest more time in your case, including representing you in court in front of a judge. However, when individuals are unable to reach an agreement, a contested divorce is often unavoidable. The fees associated with it are an investment in your future.

Hopefully, these responses have provided you a clearer picture of contested divorce in Colorado. That said, we realize you may have additional concerns. Reach out to The Price Family Law Firm and schedule a free consultation. We look forward to hearing your story and sharing how we can best support you as you move forward.

Attorney Trista Price

Trista McElhaney Price is a founding partner at Price Family Law, LLC. She specializes in high-asset divorce cases and legal matters involving complex business and financial issues as well as complex custody matters involving domestic violence, substance abuse issues, and mental health issues. Read Full Bio.

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    GET HELP FROM OUR CONTESTED DIVORCE LAWYERS

    The Perfect Combination of Compassionate Support and Aggressive Representation

    price family law

    Under any circumstances, ending a marriage is difficult. However, when the process moves from amicable to contested, emotions run high, and the process often becomes nasty. The ability to leverage the experience of a seasoned contested divorce lawyer cannot be overstated.

    You want to work with a professional who knows the law and will fight tirelessly on your behalf.

    Price Family Law is well-known not only because we well-versed in Colorado divorce law, but also because of the high level of personal service we provide to each and every client. When you work with us, you can rest assured that we are committed to you and will represent your concerns as if they were our own. Additionally, we appreciate how stressful and trying contested divorce can be. We are always willing to lend an ear and will be able to present your side calmly and rationally, while accurately proving why your terms should be met.

    At Price Family Law we know that concerns arise frequently, and we encourage our clients to always reach out to us. No question is silly; we are here to both represent you and put you at ease.

    If You Are Considering Divorce, Contact Us Today

    Obtaining the advice and counsel of a skilled contested divorce lawyer should be the first thing you do when divorce is inevitable. Don’t go about this process alone, and don’t wait. Let us help you from the beginning. Contact us today for a free consultation at 720-615-1750. We look forward to meeting you, learning about your situation and sharing how we believe we can help you set the stage for a new beginning.