Best Divorce & Separation Lawyers in Lakewood

About Divorce & Separation Law in Lakewood, United States

Divorce and separation can be complex and emotionally difficult processes. In Lakewood, United States, legal procedures surrounding these issues are governed by state laws and local court regulations. Divorce involves the legal dissolution of a marriage, encompassing various issues such as asset division, child custody, and support arrangements. Legal separation, on the other hand, does not dissolve the marriage officially but allows for legal agreements on similar issues while the couple remains married.

Why You May Need a Lawyer

There are several situations where individuals may require legal expertise during a divorce or separation. These include disputes over child custody and visitation rights, disagreements over property division, complexities involving shared debts or joint ownership, and when one spouse is seeking alimony or child support. Additionally, if one party is contesting the divorce, a lawyer can help guide you through the intricacies of court proceedings and ensure your rights are protected.

Local Laws Overview

In Lakewood, the local laws concerning divorce and separation are influenced by Colorado state statutes. Key aspects include the "no-fault" approach, where a spouse doesn't need to prove wrongdoing to obtain a divorce. The state mandates a 90-day waiting period from the filing of the petition to the finalization of the divorce. Property division follows the concept of "equitable distribution," meaning assets are divided fairly but not necessarily equally. Additionally, courts emphasize the best interests of the child in custody decisions, considering factors such as the child's wishes, the parents' living situations, and their ability to meet the child's needs.

Frequently Asked Questions

What is the difference between a legal separation and a divorce?

A divorce legally ends the marriage, whereas a legal separation allows for the couple to live separately while remaining legally married. Legal separations can address issues like asset division and child custody without dissolving the marriage.

How is child custody determined in Lakewood?

Child custody is determined based on the best interests of the child, which may include considerations of the child's relationship with each parent, the child's adjustment to home, school, and community, and the mental and physical health of all individuals involved.

What is "equitable distribution" of property?

Equitable distribution refers to the fair division of marital assets and debts upon divorce. It does not necessarily mean equal, but rather a just allocation based on each party's contributions and economic circumstances.

How long does it take to finalize a divorce in Lakewood?

The minimum time frame is 90 days due to the mandatory waiting period, but the entire process can take longer depending on the case's complexity and the court's schedule.

Can I receive alimony in Lakewood?

Alimony may be awarded based on factors such as the duration of the marriage, the standard of living established during the marriage, each spouse's financial resources, and the time necessary for the recipient to gain employment skills.

How can I modify a child custody agreement?

To modify a custody agreement, you must file a petition with the court demonstrating a significant change in circumstances that are in the child's best interests since the original order.

Is mediation required in divorce cases?

Mediation is often encouraged to help resolve disputes amicably and may be required by the court in some cases to foster agreement outside of court litigation.

What should I consider regarding spousal debt during separation?

Marital debt is typically divided equitably between spouses. It's important to understand all mutual debts and consider how they will be handled in the separation agreement or the final divorce decree.

Can I handle my divorce without an attorney?

While some handle straightforward divorces independently, complex cases involving disputes over children, finances, or property often benefit from legal counsel to protect your interests.

What if my spouse lives in another state?

If your spouse lives in another state, you can still file for divorce in Colorado if you meet the residency requirements. However, serving divorce papers and jurisdiction issues might become more complex.

Additional Resources

For additional assistance, consider contacting organizations such as Colorado Legal Services for low-income residents needing legal aid. The Colorado Bar Association provides lawyer referral services. The Family Court Division of the Jefferson County Courthouse can offer guidance on filing procedures and required documentation.

Next Steps

If you are considering or currently going through a divorce or separation, consider consulting with a qualified family law attorney to discuss your situation. Gather relevant documents such as financial records, marriage certificates, and any agreements you have with your spouse. Schedule a consultation to understand your legal options and rights. It's also advisable to seek personal support from friends, family, or professionals to help manage the emotional aspects of the process.