Northern Colorado
Divorce Lawyer

Serving Fort Collins, Loveland, and Larimer Counties

Attorney Nicholas Ores is an experienced Fort Collins Loveland Larimer County Northern Colorado divorce attorney who has represented many men and women in contested and uncontested divorce. Please call Ores Law for assistance. Divorce might strike out of the blue, or you could be the one who decides a marriage is over and wants to file paperwork. Regardless of your situation, Ores Law can help. A large part of divorce, however, is planning. Our law firm can help you think through your desired custody arrangement, as well as what marital property you hope to leave the marriage with. Call us today to speak with a seasoned Fort Collins divorce attorney about your case.

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Residency
Requirements

Only certain people can file for divorce in Colorado. According to Colorado Revised Statutes § 14-10-106, a court will only have the power to grant a divorce if at least one spouse has been a resident for 91 days before filing. If not, you might need to wait.

Parents who have just moved to Colorado should consult an attorney because there are special rules that apply to child custody disputes.

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Contest versus
Uncontested Divorce

A divorce is uncontested if you and your spouse agree on all key issues. You’ll have a contested divorce if you disagree on one of the following.

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Child Custody or Allocation
of Parental Rights

Getting divorced as a parent of minor children is complicated. Children can’t be in two places at once, so parents will need to come up with a custody arrangement. In Colorado, we use the term “parental responsibilities.” There are two components: decision-making power (legal custody ) and parenting time (physical custody).

• A parent has decision-making power when they can have a say on vital issues regarding a child’s education, medical care, religious upbringing, and things of that nature.
• A parent has parenting time when the child is physically with them in their home, usually overnight.

Parents can come up with a custody arrangement by themselves. But where parents disagree, a judge will make custody determinations based on the child’s best interests. This analysis looks at many factors, such as:

• Each parent’s relationship with the child
• The child’s wishes (depending on age and maturity)
• The parents and child’s mental and physical health
• The ability of the parents to get along with one another with respect to matters effecting the child
• Domestic violence issues between the parties
• Other relevant factors

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Child
Support

Each parent must support their children, even when they live in separate households. Colorado has developed a formula which has standardized child support calculations. The major inputs include parental income, the parenting plan, and any extraordinary expenses.

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Division
of Marital Property

Married couples can accrue substantial assets while married. In Colorado, the general rule is that any asset obtained while married is marital and must be divided equitably. There are some exceptions, like gifts that one spouse receives from a third party or one spouse’s inheritance or pre-marriage property. . But Colorado law doesn’t care whose name is on the title of an asset. For example, you might buy a house after marriage and put it only in your husband’s name. The house is still marital.

Spouses can agree on how to divide marital assets and debts, but a judge will step in and divide them fairly based on a full review of the circumstances.

There is no requirement for a 50/50 split. Instead, a judge looks at many factors, like each spouse’s finances, the length of the marriage, the ability of each party to support themselves in the future and what contributions (financial and nonfinancial) each spouse made.

The right divorce lawyer makes a big difference when arguing about property division. Our firm will also help you decide which assets to ask for, such as whether you want the marital home or other assets requiring less management.

Maintenance (commonly referred to as Alimony)

Marriage can impact one spouse’s financial situation more than the other. Either spouse might seek maintenance, also called spousal support. A judge can order one spouse to pay money to the other during or after the divorce. Alimony is often temporary, though some people who were married a long time might receive permanent alimony.

For example, a wife might have stayed home to raise her three children and help entertain her husband’s business colleagues. After divorce, she has no ability to get a job outside the home. A judge might award rehabilitative alimony for a limited time to help her gain work experience or an educational credential.

Judges have discretion when awarding alimony. Some factors include the financial need of the spouse requesting alimony, as well as each spouse’s financial resources and income.

Call Our Fort Collins, Loveland, Larimer County Northern Colorado Divorce Attorney

There are many misconceptions about divorce floating around. To get the facts about divorce in Colorado, contact Ores Law to schedule a meeting with our attorney.

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