May 9, 2022

What are the Different Types of Divorce in Colorado?

In a divorce, two spouses come to the conclusion that their marriage isn’t working and that they  will be happier going their separate ways. However, not every divorce is this simple, especially when you have major assets and property to divide or issues like child custody or alimony to settle. In this blog, we’re taking a closer look into the 5 main types of divorce in Colorado to learn more about how each divorce case is truly unique. 

Peek Family Law is the premier Colorado family law firm that you can trust. As experienced and empathetic Denver divorce lawyers, we understand what it takes to ensure that our clients meet their legal goals. Our family law office specializes in various practice areas, including divorce, alimony, adoption, child custody and support, and even common law marriages. 

As seasoned litigators, our team is able to leverage our experience and compassion to help our clients through these challenging times. Our goal is to resolve our family law cases as quickly as possible to reduce trauma to children and families. If you’re in need of compassionate, effective, and comprehensive legal representation, Peeks Family Law is by your side. 

What Does a Denver Divorce Attorney Do?

First things first: what exactly does a divorce attorney do? Essentially, these family law experts will cover all the legal aspects of your divorce. On your behalf, your Denver divorce attorney will file all the needed paperwork, collect and file the necessary documentation, and maintain strict deadlines. They will also work hard to ensure that the overall process is as smooth and pain-free as possible for their client. An experienced divorce attorney will also handle any negotiations with other lawyers on your behalf. 

Very few of us are equipped with the legal knowledge or skills to successfully negotiate legal matters. When entering a divorce, this is one battle you don’t want to face alone. From a legal perspective, divorces are complicated and require specific knowledge and experience to find yourself on the right side of the final settlement. Hiring an experienced divorce attorney will help you understand the legal complexities of a divorce, such as parenting rights,  and can increase your chances of receiving that favorable outcome you desire. 

What are the Different Types of Divorce in Colorado?

While a divorce may seem like a standardized process, in reality, no two divorce cases are the same. With assets to be divided, Colorado child support laws to be understood, and the competing interests of each spouse, each divorce is truly unique. However, the majority of Colorado divorces can be divided into 5 main types: uncontested , mediated, collaborative, litigated, or even a legal separation.

Let’s review each of these types of divorce in more detail:

1. Uncontested Divorce.

For most couples, this type of divorce is ideal as it’s the most straightforward and less combative. An uncontested divorce occurs when both spouses agree from the beginning about the terms of separation. Essentially, this means that both parties are agreeing that they would like to legally end their marriage. They also agree on how assets should be divided up. As you might expect, an uncontested divorce makes the process much easier for everyone involved—including your divorce attorneys. When everyone is on the same page from the beginning, it’s that much easier to reach a favorable and timely conclusion to the case. 

2. Mediated Divorce.

While most couples would prefer an uncontested divorce, this isn’t always the reality of the situation. In many divorce cases, couples are unable to agree to the specific terms of their divorce. This could include issues including dividing up assets and property, alimony payments, or child custody.

When the spouses cannot agree to terms, this can turn into a mediated divorce. Here, a third-party mediator will work with the couple to help them make decisions and come to terms. These mediators may be a retired judge or another attorney. It’s important to note that the mediator does not provide direct legal assistance to either party directly, but instead, functions more like a bridge between each of the spouses to help them reach a settlement. 

3. Collaborative Divorce.

In a collaborative divorce, each spouse will have a divorce attorney who represents their interests throughout the entirety of the legal process. By working closely with experienced family law attorneys, a collaborative divorce can help you avoid taking the divorce to court for an agreement. This type of specific divorce needs both parties to commit to finding a resolution rather than forcing the adversarial approach.

4. Litigated Divorce.

For the most difficult divorces, couples may have to turn to a litigated divorce process. In this type of divorce, the spouses cannot come to terms—even with the assistance of mediators or divorce lawyers. In a litigated divorce, the divorce attorneys will file a petition for divorce. From there, the courts become involved in the proceedings via hearings. 

In the most difficult cases, this may even result in a divorce trial. In these situations, the court will then determine how best to divide up property and handle issues like child support and alimony. The courts work diligently to ensure that the final decision is as equitable as possible for both of the spouses.

5. Legal Separation.

In some cases, a couple may not want to be together, but they don’t feel like they’re quite ready for a divorce. To address this “gray area,” a couple could file for a legal separation. This can be ideal for couples who feel like their marriage isn’t working and feel like they need some time and space to work on their issues. For many, it’s worthwhile to consider a legal separation before deciding on pursuing a divorce.

A legal separation provides individuals with distance and space, but it does not officially dissolve the marriage. After a six month period, either party in the legal separation may request the court convert the legal separation into a decree of dissolution. 

Conclusion – What are the Different Types of Divorce in Colorado?

A divorce is never easy. Even in ideal circumstances, such as those commonly found in an uncontested divorce, undergoing divorce proceedings can be stressful, time consuming, emotionally traumatic, and expensive. Whether you find yourself pursuing an uncontested divorce, litigated divorce, mediated divorce, collaborative divorce, or a legal separation, you need to ensure that your interests are represented by an experienced family law attorney who understands the details of your unique divorce process. 

Of course, the greatest concern in any divorce case is how this will impact your family. In divorce cases, there’s generally no “good” outcome at the end of the day. However, our entire legal team will work hard to ensure you receive the best possible outcome. If you’re going through a divorce in Denver, don’t bear this burden alone. Hire an experienced and compassionate Denver divorce lawyer to help guide you every step of the way. 

Contact us at Peek Family Law to learn more about how we can be of assistance to you and your family. With our free consultation, our team of family law experts can assess your legal options. From there, we can set you on the path toward achieving your legal goals.