Best Divorce & Separation Lawyers in Aurora

1. About Divorce & Separation Law in Aurora, United States

Aurora residents seeking a dissolution of marriage operate under Colorado family law. Colorado is a no-fault state for divorce, meaning you do not need to prove fault to obtain a dissolution. The process focuses on fair property division, potential spousal maintenance, and child custody and support arrangements. Courts in Aurora typically handle these matters through the Arapahoe County District Court in the 18th Judicial District.

Key aspects include separating marital property from separate property, deciding parenting time and parental responsibilities, and addressing temporary orders during the case. Understanding residency requirements, filing steps, and mediation options can help reduce delays. For authoritative guidance, consult the Colorado Judicial Branch and state statutes directly.

Colorado courts emphasize the best interests of the child in custody and parenting time decisions, while aiming for fair, equitable property division.

Practical note: Divorce timelines vary widely depending on case complexity, presence of disputes, and whether any temporary orders are needed. An uncontested case tends to move faster than a heavily contested proceeding with discovery and court hearings.

2. Why You May Need a Lawyer

• High-value marital assets or a business - You co-own a small business in Aurora and need help valuing the business, dividing ownership, and protecting your interests during the divorce.
• Child custody or parenting time disputes - Your ex-spouse wants relocation with the children, and you need a formal parenting plan that protects your rights and the children’s routines.
• Temporary orders and emergency protections - You require immediate orders for custody, child support, or protection from abuse while the divorce is pending.
• Hidden or complex finances - You suspect hidden assets or offshore accounts and need discovery and forensic accounting to ensure a fair property division.
• Retirement assets and pensions - Dividing 401(k), IRA, or pension benefits requires careful tax and valuation planning to avoid penalties.
• Spousal maintenance considerations - You worry about whether maintenance should be ordered, for how long, and under what terms it should end.

3. Local Laws Overview

• No-fault dissolution of marriage - Colorado allows dissolution without proving fault, based on irretrievable breakdown of the marriage. This is governed by Colorado Revised Statutes Title 14 (Domestic Relations).
• Equitable distribution of property - Marital property is typically divided fairly, not necessarily equally, taking into account contributions and economic circumstances of both spouses.
• Parenting time and child support - Colorado law requires arrangements that protect the child’s best interests and provides for child support calculations under state guidelines.

Residency requirement: To file for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 consecutive days prior to filing. This rule is enforced by the Colorado courts as part of establishing jurisdiction in the 18th Judicial District for Aurora cases. For detailed language, see the Colorado Judicial Branch resources on dissolution of marriage and residency.

Recent practice notes and updates are published by the Colorado Judicial Branch and reflected in the state statutes and court rules. If you are navigating a contested dispute, consider consulting a family law attorney to interpret how these statutes apply to your facts and to prepare a tailored strategy. For official references, consult:

"Colorado Revised Statutes Title 14 - Domestic Relations governs dissolution of marriage, child custody, and related family matters."

4. Frequently Asked Questions

What is a dissolution of marriage in Colorado?

A dissolution of marriage is the legal process to end a marriage in Colorado. It does not require proving fault and focuses on property division, support, and parenting arrangements when children are involved.

How do I start a divorce case in Aurora?

You start by filing a petition for dissolution of marriage with the Arapahoe County District Court. You may need to submit forms for temporary orders and parenting plans as part of the initial filing.

What is the residency requirement for filing in Colorado?

Either spouse must have lived in Colorado for at least 91 consecutive days before filing for divorce. This requirement helps establish court jurisdiction for your case.

What is the difference between marital property and separate property?

Marital property is typically assets acquired during the marriage. Separate property includes things owned before the marriage or acquired by gift or inheritance. Courts usually divide marital property fairly, not always equally.

Do I need a lawyer for a simple divorce in Aurora?

For straightforward cases with no disputes over assets, debts, or children, a lawyer can still help ensure all forms are completed correctly and that your rights are protected. If you expect conflicts, a lawyer is highly recommended.

How much does a Colorado divorce lawyer cost on average?

Costs vary by attorney and case complexity. Expect consultation fees, hourly rates for work performed, and potential flat fees for uncontested divorces. Discuss a clear retainer and billing structure upfront.

What is temporary alimony or child support during the case?

Temporary orders can set custody, parenting time, child support, and spousal support while the divorce is pending. These orders protect ongoing needs until a final decree is issued.

How long does a contested divorce typically take?

Contested divorces depend on how quickly issues are resolved and scheduled hearings. Some cases resolve in several months, while others extend longer due to discovery and trial needs.

What is the process for dividing retirement accounts?

Division of retirement accounts requires careful valuation and qualification for rollover or transfer to avoid penalties. A qualified domestic relations order may be needed for retirement assets.

Can mediation help in Aurora divorce cases?

Mediation is commonly encouraged to help couples reach a settlement. It can reduce costs and shorten timelines by resolving issues outside court.

Is custody or parenting time always determined by the other parent’s preference?

No. Colorado uses a best interests of the child standard, with guidelines that encourage stable routines and meaningful involvement of both parents.

What steps should I take if I suspect hidden assets?

Alert your attorney to possible hidden assets early. You may pursue discovery and forensic accounting to uncover assets and ensure a fair settlement.

5. Additional Resources

• Colorado Judicial Branch - Official state court system; provides forms, filing guidance, and information on dissolution of marriage and family court procedures. https://www.courts.state.co.us/
• Colorado General Assembly - Access to statutes governing family law, including Title 14 on domestic relations and related changes. https://leg.colorado.gov/
• Colorado Legal Services - Nonprofit organization offering free or low-cost civil legal help to eligible residents, including family law matters. https://www.coloradolegalservices.org/
• Colorado Department of Human Services - Child Support Services - State program for child support orders, collections, and related support services. https://cdhs.colorado.gov/services/child-support

6. Next Steps

1. Clarify your goals and gather documents. Collect income, asset, debt, and parenting information. This includes tax returns, pay stubs, bank statements, and retirement asset details. Plan 1-2 weeks for collection.
2. Assess whether you need a lawyer. If assets are complex or a custody dispute exists, consult 2-3 Aurora-family law attorneys for initial opinions. Schedule consultations within 1-2 weeks.
3. Choose a lawyer and sign a retainer. Compare fees, communication style, and strategy. Expect written engagement terms within a week after decisions are made.
4. Prepare petition and respond if needed. Your attorney can draft the dissolution petition, temporary orders, and initial filings. Allow 1-3 weeks for documents to be prepared.
5. Initiate or respond to discovery. If asset or debt details are disputed, your attorney will plan interrogatories, document requests, and possible expert help. Timeline depends on cooperation but plan 4-8 weeks.
6. Attend hearings and negotiate a settlement. Use mediation or negotiation to resolve issues. Expect several court appearances if disputes remain, potentially 3-6 months from filing in routine cases.