Compassionate Guidance for Some of Life’s Most Emotional Challenges
In today’s environment, issues involving divorce, child custody, and child support arise frequently. Whether you are just starting the process or need to seek a modification, our attorneys have years of jury trial and bench trial experience, and are well-versed in assisting our clients through these difficult times.
DIVORCE: WHERE TO START
Divorce is one of the worst legal issues people may have to deal with in their lifetimes. The attorneys of Hulbert & Associates, LLC understand the difficulty of divorce and have provided divorce and separation help to their clients with the best possible results, including in the following areas:
- Child Custody
- Child Support
- Visitation Rights
- Fathers’ Rights
- Grandparents Issues
- Paternity
- Adoptions
- Allegations of abuse
Understanding Divorce Laws
Divorces generally happen because of unsolvable differences and issues between spouses. What begins as a lifetime commitment may end in a bitter battle over children, and property, and a “winner takes all” mentality. Emotions run the gamut and your life feels out of control. The dedication and expertise of the lawyers of Hulbert & Associates, LLC enable them to bring you through the process and achieve your best outcome.
The Colorado Divorce Process
The major issues decided in a divorce include:
- Property/Debt Division
- Spousal Support/Child Custody
- Parenting Time (Visitation)
- Child Support/Property and Debt Division
Colorado is an equitable distribution state, which means a fair, but not necessarily equal, division of property and debts. Colorado courts encourages you to reach a property/debt settlement—most of the time, parties are happier with their own agreement because they can provide their input, as opposed to having a third-party decide the future details of their finances. If an agreement is simply not possible, the judge decides all contested issues based upon the evidence presented at trial. Determining factors may include:
- Duration of marriage
- Assets and liabilities of each party
- Desirability to award family home to custodial parent (if children are involved)
- Liquidity of assets
- Tax consequences
- Asset liquidation costs
- Spousal support
When a couple cannot come to an agreement on one or more issues related to their divorce, it is contested. Grounds must be proven and corroborated. A contested divorce is comprised of partners unable to agree even with the assistance of attorneys and/or mediators. Because an agreement cannot be reached between the parties, the issues must be taken up in court where a judge decides the outcome. Contested divorces are common because most broken marriages have numerous issues that require resolution. Most, if not all of the issues greatly affect the family dynamic and therefore are emotionally charged. The inability of divorcing couples to come to an agreement forces the court to decide issues including:
- Child Custody
- Child Support
- Visitation Asset/Debt Division
- Maintenance
In high conflict divorces with considerable assets and/or serious spousal misconduct issues, a contested divorce is probably unavoidable.
Uncontested Divorce
An uncontested divorce can occur when both parties are able to agree on the issues involved in their divorce. An uncontested divorce does not necessarily mean an amicable divorce. Rather, an uncontested divorce means that, despite animosity or emotional upsets, the parties have succeeded in resolving their issues outside the courtroom. An uncontested divorce is generally the preferred type of divorce and the advantages of an uncontested divorce include:
- A quicker and smoother process
- Reduced legal fees and court costs
- Less emotional toll on all parties
- More control over the outcome
The lawyers of Hulbert & Associates, LLC handle all types of divorces, whether contested or uncontested, and can provide valuable legal advice on your divorce options. Divorce is heart-wrenching. The lawyers of Hulbert & Associates, LLC understand and provide caring legal divorce advice during trying times.
No matter what stage of the divorce process you are currently in, we are here to help. If you have any questions or would like to sit down for a consultation, please contact us today.
