Denver Family Attorney
Experienced Denver Family Lawyer Ready To Serve You
If you have a family law case that needs to be resolved, we at Plog & Stein, P.C. understand that you are probably feeling many mixed emotions.
It is perfectly normal to feel afraid or anxious regarding what lies ahead for you and your family. Fortunately, our Denver family lawyers have decades of experience helping clients in the same position you’re in now.
Beyond seeking the best possible outcome for you in your case, we also aim to provide you with the peace of mind that comes with knowing you are well represented by a skilled lawyer who cares. No couple anticipates a divorce on their wedding day.
However, hundreds of citizens file for divorce each year. If you are seeking a divorce or legal separation from your spouse in Denver, contact the attorneys at Plog & Stein P.C. for strategic solutions.
Hiring a Denver family attorney can make a divorce or another family law process easier for you and your family. We offer legal services for residents in Denver and surrounding communities.
Speak With Our Experienced Attorneys
- Divorce Process
- Divorce Timeline
- Division of Marital Assets
- Alimony Calculations
- Decisions on Parenting Time
- Child Support Guidelines
Why Choose Our Denver Family Lawyers?
- Our lawyers have been serving clients in Denver since 1999.
- Our lawyers take a strategic, tailored approach to each client’s unique case.
- Our law firm is dedicated to family law exclusively.
- Our lawyers work closely with clients to identify and work toward their goals.
- Our lawyers work on reasonable retainers.
Our law firm’s experienced and knowledgeable legal team wishes to help you smoothly transition into the next chapter of your life with everything that you need to be successful. No matter how complex your situation you may seem, we feel confident in our abilities to assist you.
What is the Divorce Process in Colorado?
The legal process of divorce starts with confirming your eligibility. You or your spouse must have been a resident of Colorado for a minimum of 90 days before filing. Then, you will file the correct forms with the family court in your county.
The form you use will depend on the circumstances of your divorce, such as whether you have children. The Colorado Judicial Branch will take your Petition for Divorce and serve it on your spouse if desired. This will begin the divorce process.
From there, your spouse can respond by either consenting to the terms you suggested in the original petition or contesting them. You and your spouse will have the ability to work together to create a divorce plan that works for both of you. If you can compromise, you may be able to avoid going to trial.
A judge in Denver will approve a plan two spouses create together in most cases. Otherwise, you and your spouse will have to go to court. Our Denver family attorneys have experience representing divorces both in and out of the courtroom.
How Long Does a Divorce Take?
The timeline for your divorce will depend on whether you have a settlement or trial. If you and your spouse have no children, no high-value assets, and limited shared property, your divorce could take only a few months to complete.
It is most common for couples in these situations to draft divorce settlements together, through processes such as mediation, rather than having to go to trial. A divorce settlement is generally the simplest, fastest, and cheapest way to get a divorce in Colorado.
If, however, you and your spouse need to go to trial, your case could take one year or longer to resolve. Complex cases that have to go to court can take much longer – and be more expensive – than cases that settle.
Hire a Denver family attorney from Plog & Stein P.C. for experienced legal representation in your divorce.
Settlement or Trial?
Dedicated to resolving complex issues of property division and support, our divorce settlement lawyers have recovered favorable verdicts and settlements for clients across Colorado.
We provide high-quality counsel and personal service to meet your specific needs. Our firm works closely with you to protect your rights and those of your family.
Whether your divorce can be settled privately or taken to court, you can feel at ease knowing that you have our dedicated legal team on your side. We have more than four decades of collective experience!
Agreeing to Disagree
Like marriage, divorce often requires the help of third parties. Many couples strive to avoid court altogether, agreeing to relevant terms themselves. Property division can be simple when there are no large assets or debts.
Parents may agree to split time with the children, reaching a consensus on the family’s best interests.
Some even consent to specific payments of alimony or refuse it altogether. But in most cases, people disagree on weighty decisions involving money and custody. This is not a failure.
Experienced Denver family lawyers can provide invaluable advice on how best to proceed in a particular case. Some are best resolved through settlement-others in court.
To save time and money, parties can try to resolve as many issues as possible in a written agreement. The rest can be accomplished through a settlement agreement or court decree.
Most attorneys prefer to start by negotiating with your spouse’s attorney to reach an agreement. Reconciling conflicting interests through mediation can be very efficient and far less costly. If a settlement is unlikely, a court proceeding is in order.
The trial’s duration depends largely on issues in the case and the particular court or judge deciding those issues. Throughout the litigation, the parties can still resolve outstanding disputes through settlement prior to the final hearing.
Resolution of Disputed Issues
In divorce proceedings, it is often difficult to agree on issues involving:
- Financial disclosure
- Status of marital assets
- Alimony and child support
- Court jurisdiction and venue
- Custodial and visitation rights
- Division of assets and debt
Whether proceeding through settlement or divorce, the parties should clearly communicate their priorities to attorneys, who will do their best to meet those demands. But it is important to remember that mediation and trial both require some give-and-take to arrive at a solution.
A No-Fault Divorce Does Not Equal Fair
Colorado, a “no-fault” state, will grant a requested divorce without requiring a reason.
Attorneys and judges need not consider alleged infidelity or abuse to end the marriage. But mediation and court proceedings may take certain factors into account in reaching an equitable remedy.
Equitable does not necessarily mean “fair.” It only means that the final outcome conforms as closely as possible to the short- and long-term needs of the affected parties.
The solution attempts to consider the parties’ relative positions with regard to:
- Separate, non-marital property
- Future income and earning capacity
- Standard of living and daily expenses
- Providing daycare
- Retirement and social security benefits
- Restraining orders and contempt of court
- Health insurance and rehabilitative support
Despite the “no-fault” rule, “bad behavior” may be taken into account when one party causes severe financial distress to the other by hiding or spending liquid marital assets. Poor and egregious conduct may also factor into other proceedings involving custody and visitation rights.
Cases We Represent
Whatever situation you’re in, chances are we’ve seen it before. Over 20 years of representing clients, we’ve dealt with the whole spectrum of complex financial and child custody situations, to simple divorces.
Some of the cases our family lawyers in Denver represent include but are not limited to:
- Child Custody
- Child Support Orders and Modifications
- Spousal Support / Alimony
- Visitation / Parenting Time
- Parenting Time and Custody Modifications
- Restraining Orders
- Contempt of Court/Enforcement
- Property Division
- Premarital Agreements
Our Denver family attorneys can also assist you with other legal matters such as grandparent rights, division of complex marital estates (including business valuation), dissolution of civil unions, paternity cases under C.R.S. Title 19, and unbundled legal services.
Whether your case is settled or taken to trial, we will do everything within our reach to help you obtain the most positive result possible. The team at Plog & Stein P.C. will safeguard your rights and interests throughout your case.
Dividing Marital Assets in a Divorce
A key aspect of most divorce cases is the division of the couple’s marital assets. Marital assets are assets acquired during the marriage or separate assets the couple has comingled. They differ from separate property, which each spouse owned and brought into the marriage.
Certain assets, such as inheritances and gifts, remain separate property during a marriage.
In Colorado, if the courts are in charge of dividing marital property during a divorce case, they will split it based on an equitable distribution or common law doctrine. Equitable distribution divorce laws divide assets equally. What is equal, or equitable, for the couple might not be a 50/50 split.
In most cases, the higher-earning spouse will get to keep more of the marital assets upon divorce. The courts will assess factors such as both spouses’ incomes, contributions to the marriage, and child custody in determining property division.
Alimony Calculations in Your Family Law Case
Alimony is another important factor during some divorce cases. Alimony, also called spousal maintenance or spousal support, is a payment one spouse must make to the other upon divorce to maintain the recipient’s standard of living. Not every divorce will end in an alimony award.
A judge may grant a spouse alimony if he or she does not have a job, does not have the experience or education to get a job, or gave up a career to care for the household.
Other factors can include gross incomes, the length of the marriage, and how the courts divided property.
The length of time alimony payments will last depends on the circumstances of the divorce. Temporary alimony awards are more common than permanent in Colorado. A Denver family lawyer will be able to determine alimony payments in your case.
How Does a Court Decide Parenting Time?
Colorado uses the term parenting time to describe child custody and visitation. As with property division, the courts will first allow a couple to create a parenting plan together without intervention from a judge.
The matter will only go to the courts if the parents cannot work together to agree on custody terms. If parenting time is for the courts to decide, they will look at factors such as each parent’s relationship with the child, the child’s connection to the community, the age and health of the child, emotional bonds, medical needs, and each parent’s physical and mental fitness.
The courts may come up with a joint or primary parenting time agreement, as well as one with visitation rights, depending on the circumstances.
Child Support Guidelines in Colorado
The divorce courts in our state use Child Support Guidelines to determine how much money one parent must pay the other after a divorce.
These guidelines use an income share method to calculate child support. This method allots a portion of each parent’s wages to the children of the marriage.
It aims to maintain the child’s standard of living he or she enjoyed prior to the divorce. The courts will assess how much time each parent will spend with the child, as well as each parent’s gross income.
They will enter this information into a guideline worksheet to come up with an appropriate child support order unless the parents can create their own arrangement and the courts approve.
A support order will typically last until the child turns 19 or becomes legally emancipated. If the child has a disability, however, the order may last longer. Speak with a Denver family lawyer from our law firm to discuss your legal options.
Core Values Built On Honesty, Strategy & Logic
We take great pride in handling legal issues in an honest and logical manner. We believe that this approach allows us to ensure that the needs of our clients are met in the most effective manner feasible. It also allows us to formulate effective strategies to help you, the client.
Serving people throughout the Denver metro area, our family attorneys are especially aware of how the divorce process can turn contentious in and out of the courtroom.
By keeping our clients informed of realistic outcomes and the overall process, we can help them avoid making rash decisions they may regret in the future.
Each case is unique and your objectives matter to us. Finalizing your divorce or custody case may only be the beginning of a process that may require further legal assistance for years to come.
Our family firm has the tools to work towards meeting your goals in a professional and efficient manner, whether in the courtroom or through settlement negotiations.
Given that not everyone is seeking full-service representation in a court case, we are also able to provide an array of services, including unbundles services, such as paid consultation and advice, drafting of documents, and more.
Learn more about the options available to you on our Frequently Asked Questions pages.
Contact Our Experienced Denver Family Attorneys
Navigating a family law case can be complicated. You may not fully understand your rights or options as a divorcee.
Hiring a lawyer could answer your questions, protect your rights and make for a less-stress legal process. Call today to speak to a Denver family lawyer near you.