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Colorado Springs Divorce Attorney Explains: What to expect in a new divorce filing

Thursday, 17 December 2009

As a Colorado Springs Divorce Attorney, I see many new clients who think they know a lot about divorce - until they go through it themselves.  It always amazes me how many misconceptions there are about the actual divorce process.  Here is a quick rundown of what you can expect when you file for divorce.

Colorado is a “no-fault” divorce state

In the state of Colorado, we have what is called “no fault divorce”. Basically, this means the court doesn’t really care why you want a divorce, or what your spouse did to deserve it.  According to Colorado courts, the only reason for divorce is the irretrievable breakdown of the marriage.  This means fault is not even a consideration in determining who gets what property, or any other ongoing financial support.  However, if there are children from the marriage, a parent’s behavior can effect where the children live, and/or how visitation will be handled. 

But I just want a “quick and painless” divorce!

No matter how much you might want to speed the process, everyone must wait a minimum of 90 days after papers have been served before they can become divorce. If both parties agree on everything, the court will usually approve their agreement soon after 90 days have elapsed.  However, if the parties cannot reach an agreement, they must wait for a court date, which can make the process take six months or longer.  Until you have received an official document from the state of Colorado entitled “Decree of Dissolution of Marriage,” you are still legally married. 

Automatic Provisions from the Court

As soon as you file for divorce, special court orders are generated automatically, for the protection of both spouses.  These provisions prevent either parent from taking the children out of state without a written agreement or court order.  They also prevent either party from disturbing or harassing the other, and prevent either party from hiding, destroying, transferring or borrowing any marital property, or canceling health insurance coverage.

No matter how simple or complicated you expect your divorce to be, there are always surprises along the way.  As you may already know, divorce brings out the worst in people and causes them to act in ways that may be uncharacteristic, so be prepared to change your expectations on a daily basis, and remember, you will get through this. 

Once you are ready to move forward with a divorce agreement, it makes sense to consult with a Colorado Springs divorce attorney.

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MPatMarrisonFor over a quarter century, we have helped people during what is often the darkest time in their lives. Divorce is not easy even under the best of circumstances. For most people, family is central. Having something go wrong in the family can have a ripple effect that extends beyond the home and into other areas.

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