Denver Divorce Lawyers
The Divorce Process
Whether you want a separation from your spouse because he or she committed adultery or got abusive; or your spouse surprised you with a sudden and swift desire to separate, you likely want a clear and simple understanding of the divorce process. This article strives to boil down some key points, so that you can reduce the amount of stress you have about the upcoming proceedings and prepare yourself – mentally and otherwise – for what could lie ahead.
Letter of Complaint
In general, a petitioner for the divorce will file something called a letter of complaint – also known as an original petition for divorce. In this document, the petitioner will say why he or she wants a separation – for instance, "irreconcilable differences" is a typical reason. The petition is then served to the so-called respondent – the other spouse – who has a specific timeline (usually around 30 days) to respond. Your attorney can help you explore what to do regarding child support, restraining orders, and other temporary divorce orders. Beware that if you ignore temporary orders issued by the court, you can be found in contempt and can face fines and even jail time. So talk to your attorney to make sure you understand your rights and responsibilities.
Discovery
Generally, the next step of the process is the disclosing and sharing of information about the divorce. Your attorney (and your spouse's attorney) will want items and information to be disclosed. You will also likely submit "interrogatories" – questions for your spouse. And he or she will submit questions to you. In the discovery process, you also try to establish "admissions of fact" about the marriage. Each party can accept or deny each fact. Your lawyer and your spouse's lawyer will also seek so-called requests for production – to get documents like bank statements or other documents that say how much income you have. Lastly, attorneys may take depositions – so-called sworn testimony – from witnesses and other parties. The statements that you or others make during deposition can be used in court proceedings.
Mediation and Beyond
During mediation in Colorado, a court-appointed lawyer will try to negotiate a settlement between you and your spouse. If mediation fails to resolve outstanding issues, the divorce may head to divorce court, at which a judge will listen to arguments presented by you and your spouse and settle the arrangement. Once the judge issues a final decree regarding child custody, spousal support, asset distribution, and other key issues, either party can seek an appeal of the divorce court ruling.
Factors that influence the divorce process include whether any dependents are involved, how long the marriage lasted, how many assets you and your spouse accumulated, whether you or your spouse owe money to creditors (or to each other), and whether one spouse "wronged" the other by, for instance, committing adultery.
Consulting a Divorce Lawyer in Denver
If you need help with the divorce process, contact the credentialed and experienced Denver divorce attorneys at Kaplan Law. Email today to set up a confidential appointment to discuss your needs and concerns.
