Navigating the complexities of a divorce is a challenging process, and when disputes arise, it becomes crucial to have experienced legal representation. At KHM Law, we recognize the sensitivity and intricacy of contested divorces. Our team provides dedicated, comprehensive counsel to individuals in Colorado facing the complexities of contested divorce proceedings.
What is a Contested Divorce?
A contested divorce occurs when spouses cannot agree on crucial aspects of their separation, leading to disputes that require legal intervention. These disputes can encompass various issues such as property division, spousal support, allocation of parental responsibilities, child support and other issues. In a contested divorce, both parties present their case in court, and a judge ultimately makes decisions based on the evidence and arguments presented.
Contested divorces often involve heightened emotions and require a meticulous approach to address each issue. At KHM Law, our Colorado attorneys possess the expertise to navigate the complexities of contested divorces, ensuring our client’s rights and interests are vigorously defended.
Contested Divorce Requirements in Colorado
Filing for Divorce: As in any case, the first step is to file a petition for dissolution with the court. The petition outlines the grounds for divorce and the issues in dispute. Our legal team ensures that all necessary documents are accurately prepared and filed.
Discovery Process: In contested cases, the discovery process allows both parties to gather relevant information and evidence. This may involve document requests, interrogatories, and depositions. Our attorneys are adept at navigating the discovery process, ensuring our clients have a solid foundation for presenting their cases.
Negotiations and Mediation: Despite the adversarial nature of contested cases, the court may encourage parties to negotiate or mediate to resolve disputes amicably. Our attorneys skillfully represent our client’s interests in these alternative dispute resolution processes, working towards fair and reasonable resolutions.
Court Proceedings: When negotiations fail, the case proceeds to court. Our entire team is well-prepared to advocate for our clients during court proceedings. We present compelling arguments, cross-examine witnesses, and navigate the legal intricacies to secure favorable outcomes.
How Long Does a Contested Divorce Take?
The duration of a contested case varies based on numerous factors, including the complexity of the issues, court availability, and the willingness of parties to reach agreements. On average, contested divorces in Colorado may take several months to a year or more.
The filing and response timelines, discovery process, negotiations, and court scheduling contribute to the overall timeline. Our attorneys understand the importance of efficiency in contested divorce cases and work diligently to streamline the process while protecting our client’s rights.
Benefits of Hiring an Experienced Divorce Attorney
Hiring an attorney with experience litigating contested issues in a dissolution or APR case offers several significant advantages that can make the litigation process more manageable, protect your rights, and help you achieve a fair and favorable outcome. Here are some of the key benefits of hiring a skilled contested divorce attorney:
Expert Legal Guidance: Our experienced attorneys have a deep understanding of Colorado divorce laws and procedures. We offer expert legal counsel and guidance, assisting you in navigating the intricacies of the legal process and making well-informed decisions about your case.
Protecting Your Rights: We will advocate for your interests and rights throughout the divorce process, ensuring that your voice is heard and that you receive a fair and equitable resolution of the contested issues, such as allocation of parental responsibility, child support, division of assets, and spousal support.
Effective Negotiation: Our attorneys excel in negotiation and can strive to achieve a mutually agreeable resolution with the other party through mediation or settlement talks, saving you the time, expense, and emotional strain of a prolonged court dispute.
Strong Representation in Court: If a settlement cannot be reached, we will provide strong and zealous representation in court, presenting your case persuasively, and advocating for your interests before the judge to achieve a favorable outcome.
Objective and Emotional Support: Throughout the emotionally intense and challenging divorce process, our team can offer objective advice, emotional support, and caring guidance, assisting you in making reasoned decisions and navigating the process more efficiently.
Hiring one of our experienced attorneys offers numerous benefits, including expert legal guidance, protection of your rights, effective negotiation, strong representation in court, and emotional support. Let us guide you through the divorce process.
In the realm of contested cases, having a steadfast legal advocate is essential. At KHM Law, we bring experience and commitment to each case, precisely navigating the intricate legal landscape. If you are facing the challenges of a contested divorce in Colorado, trust our dedicated team to provide you with the robust legal representation you need. We aim to safeguard your rights and guide you through this challenging chapter with resilience and expertise.
Same Sex Divorce
On June 26, 2015 the U.S. Supreme Court made its landmark decision on same-sex marriage in Obergefell v. Hodges. The ruling in Obergefell gave same sex couples the right to marry. With the right to marry also comes the right to seek a divorce. As with any marriage, ending a same sex marriage involves the same dissolution process as all other dissolution cases in Colorado, and the highly skilled attorneys at KHM Law are here to help you. We are a team of compassionate and skilled attorneys who will carefully guide you through this process.
What Is Same Sex Divorce?
Same-sex divorce is the dissolution of marriage between two people of the same sex. However, there may be some unique circumstances to your case, for example, if you and your spouse had engaged in a civil union prior to Obergefell, then you will want to ensure that the time together under the civil union is counted toward the duration of the marriage.
When Should I File for Divorce?
As with any type of divorce, only you know on a personal level when it is time to file for a Dissolution of Marriage. As in any marriage, there are no specific guidelines on how long same-sex couples must be married or if they have to wait any specific time before filing for divorce. As a same sex married couple, you have the same rights as anyone else to seek a divorce when you believe that your marriage is irretrievably broken.
How Long Does a Same Sex Divorce Take?
The time it takes to complete a divorce (whether the parties are same-sex or heterosexual) will vary from case to case and the specific issues that need to be resolved in your case. Every divorce situation is as unique as the people that are involved in the case.
Factors that may influence your case are the:
- Willingness of couple to negotiate on the terms of the divorce;
- Availability of required information such as proof of assets and debts;
- Ability to reach agreement on a parenting plan, if applicable; and/or
- Active participation in the divorce process.
The attorneys at KHM Law understand that a divorce is a highly emotional event for both parties. Anger, distrust, hurt, and other emotions all come out during these proceedings and each of these emotions can delay the entire process.
Our attorneys will approach your divorce with compassion and concern.
Why You Need a Skilled Attorney for Your Same-Sex Divorce
In Colorado, you can get divorced without attorneys. However, unless you are familiar with Colorado family law, it is likely to be in your best interest to have quality legal representation.
One place where it may be very important to have skilled legal counsel representing you is in determining the duration of the marriage. For couples whose relationship predated the Obergefell decision (e.g. you and your spouse lived as a domestic partnership, civil union, or as a couple who could fall under common law marriage) it is important to work with an experienced attorney who can help you present to the court what you believe to be the accurate duration of the marriage, as the duration of the marriage can impact the division of the marital estate as well as spousal support. A competent attorney can also assist you in allocation of parental responsibility issues which may arise from your divorce.
Choose KHM Law to be your partner in your dissolution process, our attorneys are ready to address the tough issues and protect the rights of our clients. We will seek out the answers for any difficult questions you have and make sure that the final divorce agreement is fair and beneficial to our client.
