Denver Divorce Attorney
Protecting Your Future During Divorce
Dissolving a marriage can be a complex process, especially if you and your spouse disagree on proceeding with your divorce. If you want to file for divorce in Denver, having an attorney you can trust by your side is vital.
At the Law Office of Alexandra White, P.C., our experienced, empathetic Denver divorce lawyer is here to help you identify and pursue the best outcome for your future.
To schedule a consultation with our divorce attorney, contact us online or via phone at (303) 647-4245.
Requirements to File for Divorce in Denver
To file for divorce in Denver, you or your spouse must have been a resident of the state for at least 91 days prior to filing.
Denver is a no-fault divorce state, meaning that you cannot use specific behavior such as adultery as grounds for your divorce. Spousal misconduct isn't considered grounds for divorce - instead, the parties may simply cite that their marriage is "irretrievably broken." However, certain types of misconduct - such as domestic violence - may impact the outcome of the divorce.
Uncontested Vs. Contested Divorce in Denver
If you and your spouse disagree on terms for your divorce to any extent, you must file for a contested divorce. Alternatively, if you agree on terms for your divorce, you may file for an uncontested divorce.
Filing for an uncontested divorce is typically less stressful, costly, and time-intensive than resolving a contested divorce, so many couples use forms of alternative dispute resolution (ADR) such as mediation or collaborative law to resolve their differences and file for an uncontested divorce.
As part of an uncontested divorce, you can draft a divorce agreement with your spouse detailing the terms you've agreed on. Both spouses (and their lawyers, depending on the case) must sign the divorce agreement.
One party, called the petitioner, files a petition for divorce with the court. The petition contains the reasoning for the divorce, as well as the petitioner's proposed terms. In an uncontested divorce, the terms of the divorce agreement drafted by the parties may be included in the initial divorce filing.
At this stage, their spouse has two options. In an uncontested divorce, they can waive their right to respond to the petition. This allows the court to assess the divorce agreement and, if it is equitable, finalize the divorce using the terms of the agreement.
If the respondent does not agree with the terms set forth by the petitioner, they can instead file a response with the court. This initiates a contested divorce.
In a contested divorce, the parties may be required to attend temporary order hearings to determine how processes such as custody are handled while the divorce is ongoing. The parties must also disclose all separate and marital property they own (assets and liabilities) to the court.
Finally, the court will hold a trial both parties must attend. At the trial, the spouses can present evidence and call forth witnesses. At the end of the trial, the judge presiding over the divorce will determine what constitutes an equitable outcome in the divorce. The court will then issue a divorce decree with those terms, finalizing the divorce.
It's important to know that certain divorce-related court orders, such as custody and child support or alimony orders, are not set in stone. If you or the other party experiences a substantial change in circumstances, you may be able to obtain an order modification that changes the terms of the court order by filing an order modification case.
At the Law Office of Alexandra White, P.C., our Denver divorce attorney is here to help ensure you get the best possible outcome in your divorce. Contact us online or via phone at (303) 647-4245 to schedule a consultation with our team.