Aurora Divorce Attorney
The experienced family law and divorce attorneys at Plog & Stein, P.C. has been successfully fighting for Aurora divorce clients for over 20 years. There are many needs a family has while going through the difficult process of a divorce, not least of which is having an experienced attorney on hand to help answer all the questions you have. How will divorce affect your family? What kind of financial planning is needed? How do child custody and support work in the state of Colorado? Whatever questions you have, the Aurora divorce lawyers at Plog & Stein, P.C. are here to help. Whether you are thinking about filing for divorce or have already begun the process, our firm is ready to put its decades of combined family law experience to work for you during these challenging times.
Filing for a Divorce in Aurora, Colorado
There are many aspects of divorce in Colorado, with the core issues in need of resolution being the division of assets/debts and alimony (maintenance). In families with children, matters of child custody and child support must also be addressed. Emotions can run high in any divorce case and it is normal for parties to go through a range of them, including anxiety or anger. Keeping this in mind, our attorneys strive to help our clients sort through the emotions in a productive manner so they are better able to focus on the bigger picture, that being the final outcome of their cases. By providing clients with honest case assessments and sound legal advice we are able to provide comfort in knowing that they have a solid legal team behind them. With any divorce, we back this up with significant experience when the time comes to negotiate a settlement or take your case to trial.
With multiple issues at hand, it’s not uncommon for divorce litigants to agree on some issues, but not others. Colorado Revised Statutes, Title 14, Article 10, the Uniform Dissolution of Marriage Act, sets forth the statutory standards for dealing with primary divorce issues. As with any area of the law, there is often room for both interpretations of the law and disagreement. Some issues may be left to a judge’s discretion, such as what an “equitable” division of property might be or what figure is fair for alimony. As such, we believe it to be important for our lawyers to understand not only the law, but the court systems we work in.
Aurora is somewhat unique in that the city straddles two counties, Arapahoe and Adams. Your Aurora family law case will be heard in the county in which you reside. While the law is the same throughout the State of Colorado, court procedures in Arapahoe County (the 18th Judicial District) can differ from those in Adams County (the 17th Judicial District). Each courthouse can come with different judges and different philosophies regarding the various divorce issues. Having familiarity with both court systems aids our divorce lawyers in representing Aurora residents, and in turn our clients, when it comes time to make decisions regarding settlement or preparation for your final divorce hearing. Whatever the circumstances, our lawyers are there for you, the client, each step of the way.
At Plog & Stein, P.C., our Aurora divorce lawyers understand that divorces come in all shapes and sizes. Some families come to the table with complex marital estates, perhaps with significant business interests or real estate holdings. Others may have limited marital assets, yet still need resolution regarding support issues or allocation of debt. Regardless of the circumstances, we understand that financial outcomes matter to our clients. Additionally, regardless of financial circumstances, nothing matters more to most people than the children and their best interest when the time to divorce comes. Again, with decades of combined experience, our Aurora divorce attorneys are equipped to deal with both complex and simple monetary and custody issues. We understand what matters to you as you move on to the next chapter of your life.
We also deal with legal separations, dissolutions of civil unions, annulments, uncontested divorces, and same-sex divorces. Though themes may be similar, each type of case can have its own set of nuances. In any family law situation, having the right representation matters. Ensuring fair outcomes for our clients does, too.
Contested vs. Uncontested Divorces
At Plog & Stein, P.C., we can help our clients with both contested and uncontested divorces. The difference is whether or not the couple agrees on the terms of the divorce. A contested divorce case – where one or both parties dispute the proposed terms of the split – can take a long time to resolve and may require a trial. An uncontested divorce, in which both parties work together on the terms of the divorce, can settle during pre-trial negotiations, such as mediation. Many divorce cases start as contested but become uncontested as the parties work through disputes.
For a successful uncontested divorce, the couple must agree on every detail. This includes child custody, parenting time, visitation, child support, alimony and property division. The couple must have a settlement agreement that touches on virtually every aspect of the divorce, signed by both parties. Working with an Aurora divorce lawyer can improve your chances of successfully negotiating a settlement with your ex. If you can achieve an uncontested divorce, you can save time and money. An uncontested divorce resolves faster than a contested divorce, as it does not require a trial.
If you and your ex-spouse cannot agree to the terms of your divorce, you may need to go to trial. During a contested divorce case in Aurora, you and your ex-spouse will go to court to put your dispute before a judge. The judge will listen to what both sides of the case have to say – typically presented by their lawyers – and decide on the elements of the divorce based on the circumstances of the case and relevant state laws. One of these laws is Colorado’s equitable property distribution statute.
Property Distribution Laws in Colorado
When a divorce case goes to trial in Colorado, the court will use an equitable distribution rule to determine property, asset and debt division. Equitable division means the courts will divide marital property in a way they deem just and fair, without regard to fault for the divorce. Equitable division does not necessarily mean equal. Instead of automatically splitting assets and debts down the middle, the courts in Colorado will divide them how a judge deems fair based on key factors.
Since Colorado is a no-fault divorce state, one of these factors is not fault for the divorce. The courts do not ask for information about fault for the split, such as allegations of adultery or fraud. Instead, couples can base their divorce requests on irreconcilable differences. During property division, the courts in Colorado will not take fault into account. A judge will classify pieces of property as part or not part of the marital estate. Then, the judge will divide all marital property fairly.
Property Distribution Factors
A judge will only use equitable division to allocate property in a contested divorce case. With an uncontested divorce, the courts will allow the couple to determine how to split marital property. Either way, property division will only involve marital property – items and assets acquired during the marriage. If the case does go to court in Aurora, a judge will use certain factors to divide the property.
- How much each person added to the acquisition of marital property
- The values of the property awarded to either spouse
- Any change in the value of separate property throughout the marriage
- The economic circumstances of each spouse post-divorce
- Which spouse will have primary child custody
Use a divorce attorney in Aurora from Plog & Stein, P.C. for assistance with property division. We can help you understand Colorado’s equitable distribution law as well as what to expect during a divorce case. Our lawyers can help you and your spouse work together on property division to avoid going to trial. If you do end up in court, our lawyers can represent you in front of a judge for the best possible outcome.
Divorce Attorneys Advocating for Our Aurora Clients
Having worked with clients all over the Denver Metro area for over 70 combined years, a great many of our cases have been for families in the City of Aurora, Colorado. Plog & Stein, P.C. attorneys have the experience needed to work toward your objectives in your divorce case. In any case, our goal is to provide quality representation in the most efficient and cost-effective manner possible. Let us help you. Call us, today, at 303-781-0322 or contact us online to set up an appointment with one of our Aurora divorce attorneys.