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What Happens In a Contested Divorce?

What Happens In a Contested Divorce?

What Happens In A Contested Divorce?

Divorce is hard, typically resulting from months or even years of emotional struggle to reach the tough decision to end a marriage. Often, the adversarial feelings involved in deciding divorce is the inevitable conclusion to a marriage carry over into the divorce process, resulting in disputes over critical aspects of divorce in Colorado such as child custody, the division of marital assets, and spousal support (alimony). When divorcing spouses cannot reach a settlement agreement because they have one or more disputes over their divorce terms, the process becomes a contested divorce in Colorado court.

Understanding Contested Vs. Non-Contested Divorce In Colorado

Colorado family courts encourage divorcing spouses to avoid a divorce trial whenever possible. Spouses may have multiple meetings together with their lawyers to negotiate the terms of their settlement agreement. Colorado divorce attorneys also arrange mediation sessions between spouses and a neutral negotiator who offers creative solutions and individualized strategies to reach a settlement. When divorcing spouses reach a mutual settlement agreement, they avoid trial and have an uncontested divorce in which a judge simply signs their agreement into the divorce decree. In some cases; however, it isn’t possible or even advisable for a spouse to compromise on critical issues. In these cases, the divorce becomes a contested divorce.

How Does a Contested Divorce In Colorado Work?

In a contested divorce, the case goes to court in a hearing or divorce trial. Both sides present their arguments to the judge who then considers the evidence and testimony before making binding decisions.

To prepare for a contested divorce, each spouse’s attorney gathers evidence and testimony to support their client’s position on child custody. Colorado courts prioritize the child’s best interest in their custody and child support decisions. Each attorney also scrutinizes the full financial disclosures and consults with property valuation experts or financial forensics professionals to divide marital assets in a fair and equitable way as required by Colorado divorce law. Then, each spouse testifies and their attorneys present evidence and witnesses at the hearing to support their arguments for the following divorce terms:

  • The equitable division of their marital assets, including real estate property, bank accounts, investment accounts, retirement accounts, vehicles, valuables, and household goods
  • The retention of separate assets belonging to each spouse before the marriage, inherited by one spouse during the marriage, or gifted to one spouse during the marriage
  • Child custody, either shared equally by both parents or with one parent having primary custody and the other visitation rights, depending on the circumstances of the case
  • Child support under Colorado’s Income Shares Model
  • Spousal support when appropriate, such as when one spouse puts aside their career advancement to care for children and the home, or to support the other spouse’s career advancement, has young children at home, or has aged out of the workforce or cannot become self-sufficient due to disability or a medical condition

After hearing all testimony and evidence from both sides, the judge carefully considers all aspects of the disputes and reaches decisions, signing them into final binding orders in the divorce decree.

When to Call a Colorado Contested Divorce Lawyer

Once you’ve decided to file for divorce or receive divorce papers from a spouse, it’s time to begin assertively defending your rights and best interests. While a low-conflict, uncontested divorce is the best possible way forward, at Ciancio Ciancio Brown, P.C., we understand that compromise isn’t always the right option—especially in matters of child custody, but also when it comes to your property, assets, and financial future. Call our Colorado family law office for divorce attorneys in Colorado who get results for our satisfied clients.

Divorce is hard, typically resulting from months or even years of emotional struggle to reach the tough decision to end a marriage. Often, the adversarial feelings involved in deciding divorce is the inevitable conclusion to a marriage carry over into the divorce process, resulting in disputes over critical aspects of divorce in Colorado such as child custody, the division of marital assets, and spousal support (alimony). When divorcing spouses cannot reach a settlement agreement because they have one or more disputes over their divorce terms, the process becomes a contested divorce in Colorado court.

Understanding Contested Vs. Non-Contested Divorce In Colorado

Colorado family courts encourage divorcing spouses to avoid a divorce trial whenever possible. Spouses may have multiple meetings together with their lawyers to negotiate the terms of their settlement agreement. Colorado divorce attorneys also arrange mediation sessions between spouses and a neutral negotiator who offers creative solutions and individualized strategies to reach a settlement. When divorcing spouses reach a mutual settlement agreement, they avoid trial and have an uncontested divorce in which a judge simply signs their agreement into the divorce decree. In some cases; however, it isn’t possible or even advisable for a spouse to compromise on critical issues. In these cases, the divorce becomes a contested divorce.

How Does a Contested Divorce In Colorado Work?

In a contested divorce, the case goes to court in a hearing or divorce trial. Both sides present their arguments to the judge who then considers the evidence and testimony before making binding decisions.

To prepare for a contested divorce, each spouse’s attorney gathers evidence and testimony to support their client’s position on child custody. Colorado courts prioritize the child’s best interest in their custody and child support decisions. Each attorney also scrutinizes the full financial disclosures and consults with property valuation experts or financial forensics professionals to divide marital assets in a fair and equitable way as required by Colorado divorce law. Then, each spouse testifies and their attorneys present evidence and witnesses at the hearing to support their arguments for the following divorce terms:

  • The equitable division of their marital assets, including real estate property, bank accounts, investment accounts, retirement accounts, vehicles, valuables, and household goods
  • The retention of separate assets belonging to each spouse before the marriage, inherited by one spouse during the marriage, or gifted to one spouse during the marriage
  • Child custody, either shared equally by both parents or with one parent having primary custody and the other visitation rights, depending on the circumstances of the case
  • Child support under Colorado’s Income Shares Model
  • Spousal support when appropriate, such as when one spouse puts aside their career advancement to care for children and the home, or to support the other spouse’s career advancement, has young children at home, or has aged out of the workforce or cannot become self-sufficient due to disability or a medical condition

After hearing all testimony and evidence from both sides, the judge carefully considers all aspects of the disputes and reaches decisions, signing them into final binding orders in the divorce decree.

When to Call A Denver Divorce Lawyer

Once you’ve decided to file for divorce or receive divorce papers from a spouse, it’s time to begin assertively defending your rights and best interests. While a low-conflict, uncontested divorce is the best possible way forward, at Ciancio Ciancio Brown, P.C., we understand that compromise isn’t always the right option—especially in matters of child custody, but also when it comes to your property, assets, and financial future. Call our Colorado family law office for divorce attorneys in Denver who get results for our satisfied clients.