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Westminster Divorce Attorney

Westminster Divorce Attorney

Westminster Divorce Attorney

Many of life’s turning-point events are joyous ones, but a divorce isn’t one of them. Few occurrences are as distressing as the end of a marriage.

There’s a lot at stake when one family, household, and financial portfolio must be legally divided into two. No one should go through the emotionally fraught process of a divorce in Westminster without representation by a well-practiced divorce attorney meticulously guiding them through every stage of the legal proceedings.

Call the Westminster divorce attorney at Ciancio Ciancio Brown, P.C. to set up a consultation so we can begin a legal strategy for your divorce with your favored outcomes as our goal throughout the process.

 

Why Choose Us As Your Divorce Lawyers in Westminster?

Colorado’s divorce laws require diligent attention to detail by an experienced attorney with an in-depth understanding of the state’s requirements. We offer the following advantages for your divorce case in Westminster:

1. Experience Exclusively Handling Family Law Matters

At Ciancio Ciancio Brown, P.C., we have over 100 years of collective experience handling divorce cases in Colorado, with some of our attorneys having over 20 years of experience in family law.

We have also handled a variety of divorce cases, such as contested divorce, child custody disputes, and complex division of assets. Our knowledge and expertise in divorce in Colorado demonstrates that we can fight for a favorable outcome that is best for both parties involved.

2. Client-Centered Representation

We safeguard our clients’ rights and protect their best interests throughout the divorce from the initial petition or response to the final orders, always with a resolution-based approach seeking the least contentious process possible while always prioritizing our clients’ goals.

Our approach is always resolution-based, as our team seeks the least contentious process possible while prioritizing our clients’ goals. We understand that divorce is a deeply personal and often stressful experience, which is why we take the time to listen to your concerns, understand your unique situation, and tailor our legal strategies and tactics to meet your specific needs.

3. Results

At Ciancio Ciancio Brown, P.C., we pride ourselves in the favorable results we’ve been able to obtain for our clients. Every client that works with us knows that they’re in great hands by hiring our firm. Here’s what some of our former clients have to say about working with us:

I highly recommend Cyndy Ciancio at Ciancio Ciancio Brown. Cyndy Ciancio is an impeccable attorney. She is very knowledgeable in regard to family law. The office staff is very efficient and professional.”

I cannot thank Kyle Martelon enough, he is absolutely amazing and extremely well versed in family law. I’ve known Kyle for several years, he is reassuring, articulate and highly effective while being able to advocate on your behalf. Kyle cares about his clients and how they are represented. I could not have asked for a better attorney, and working with Kyle was incredibly easy. Without hesitation, I would recommend Kyle to anyone seeking a just and favorable outcome with an ethical, persuasive, devoted and knowledgeable attorney.” – David

Banafsheh and her paralegal Janet were very informative, friendly, prompt, and professional in dealing with my case. I felt I was in great hands and they were very accommodating.” – Becca Switzer

What Are The Different Types of Divorces In Colorado?

Whether you’re ready to file a divorce petition in Westminster or you’ve been served with divorce papers by your spouse, it’s good to understand the options for the way your divorce proceeds. There are several types of Colorado divorces to consider, including the following:

Uncontested Divorce: in this type of divorce, both spouses come to mutually acceptable terms for all aspects of their divorce and craft a settlement agreement with the help of their attorneys. A judge reviews the agreement and issues final orders without a trial. This saves time, money, and contention.

Contested Divorce: a contested divorce occurs when spouses aren’t able to agree on one or more terms of their divorce settlement. Both sides argue their positions in court and a judge makes final decisions and issues divorce orders.

Collaborative Divorce: in this type of divorce, both spouses agree to resolve any disputes outside of court through meetings with their attorney and mediation when required.

Mediated Divorce: both spouses agree to attend mediation and allow a neutral mediator to settle their disputes and make a binding divorce agreement without going to court.

Colorado family courts also facilitate legal separations, where spouses remain legally married but live apart with an agreement or court order for child custody, child support, and the division of their marital assets.

What Is Decided in a Colorado Divorce?

Divorcing spouses must make decisions on all aspects of their Colorado divorce or let a judge decide for them for the following:

  • Child custody
  • Child support according to the state’s formula for deciding child support
  • The division of marital assets
  • Spousal support (alimony)

Colorado is an equitable division of marital assets state. This law requires spouses to retain only the separate assets that belonged solely to them before the marriage and divide all assets and properties acquired during the marriage in a fair and equitable manner.

No divorcing spouse in Colorado should go through this arduous process without representation by a client-dedicated lawyer from Ciancio Ciancio Brown, P.C.

How Do Colorado Courts Decide On Child Custody?

Colorado Family Court upholds a child’s best interest as its highest priority in all decisions—especially child custody. The court begins with the presumption that continued close contact with both parents is best for children. A parent may rebut this presumption by presenting evidence that a different arrangement is in their child’s best interest. The court typically only limits or restricts one parent’s custody or parenting time in cases such as the following:

  • A history of abuse, neglect, or domestic violence
  • An unsafe home environment
  • A parent’s chronic addiction or alcoholism
  • Criminality

If none of the above circumstances apply, a judge will either approve the shared parenting time arrangements divorcing spouses agree upon in their divorce settlement agreement, or make final custody orders with a fair shared parenting time schedule with provisions for holidays and school breaks.

When determining child custody, a judge considers the overall physical and mental health of each parent, a child’s special needs or wishes if they are old enough to express them, each parent’s usual daily involvement with the children, and each parent’s willingness to encourage a continued close relationship with the other parent.

How Does Child Support Work in Colorado?

All parents have an obligation to support their children, whether married, unmarried, or divorced. Colorado uses the Income Shares Model to determine which parent pays child support and the monthly amount they pay to the other parent. To make this determination, the court uses a formula based on the following:

  • Each parent’s total gross income
  • Expenses such as childcare costs, health insurance payments, and any special educational or medical needs
  • The total number of overnight child custody days each parent has with the children

In most cases, the parent with fewer overnights pays child support to the parent with the greater number of overnights. When parents share equal custody, the higher-earner pays child support to the lower-earner.

Is Colorado a 50/50 Divorce State for Marital Assets?

Colorado is not a “community property” state requiring an exact 50/50 division of assets. Instead, it’s an “equitable division of marital assets” state. In Colorado, each spouse retains their separate assets and then divides their marital assets fairly. They may come to an equitable division together with the help of their attorneys and mediation, or the court will decide for them.

Separate assets that each spouse keeps include the following:

  • All property and assets they owned before the marriage
  • Any business begun before the marriage
  • Any asset or property one spouse inherited during the marriage
  • All assets gifted to one spouse alone during the marriage

In some cases, a portion of a spouse’s separate assets may become marital property through commingling. This occurs when a spouse allows the other spouse access to a financial account, or when one spouse spends time or money improving the value of the other spouse’s property, business, or asset.

Marital property includes all assets acquired during the marriage such as:

  • Real estate properties
  • Bank and investment accounts, regardless of the name on the account
  • Retirement accounts
  • A business that one or both spouses opened during the marriage
  • Cars, boats, RVs
  • Household items, furniture, artwork, collectibles, antiques, electronics, furniture, or other valuables

In the best-case scenario, both spouses agree on a fair plan to divide their assets and a judge will simply sign the plan into final divorce orders. Otherwise, both spouses must argue their side of the dispute in court for a judge to decide.

How Do Colorado Courts Decide on Alimony (Spousal Support)?

Spousal support isn’t appropriate in all divorces. A judge may order spousal support paid from a higher-earning spouse to a lower-earning spouse if the lower earner faces a significant change in lifestyle after the divorce, despite their share of the marital assets. Spousal support is awarded particularly if one spouse puts aside their career goals to raise children or support the other spouse’s education and career advancement.

Call the Westminster Divorce Lawyers at Ciancio Ciancio Brown, P.C. Today

If divorce has become inevitable in your marital situation, the attorneys at Ciancio Ciancio Brown, P.C. are ready to put their years of experience and resolution-oriented approach behind achieving the best possible outcomes for all aspects of your Colorado divorce. Contact or call us today at (303)-451-0300.