Common Divorce FAQ’S
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Divorce is always a difficult process for everyone involved—spouses, children, extended families, and even close friends. Those considering divorce may be feeling hesitant about going through with it. Most people associate divorce with contentious legal battles that will tear families apart and leave them with lots of debt and very few assets. Divorce does not have to be this way. At Marc Kaplan, we wrok hard to make your divorce as pain free as possible.
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The divorce and family law lawyers at Marc Kaplan can help you explore your alternative legal options. There are less stressful and more cost-effective ways of dealing with divorce, and our legal team is deeply familiar with all of them. Our law firm is prepared to fight hard to ensure that your rights and future is protected.
Our attorneys are available to answer questions, explain the divorce process, provide guidance as to likely outcomes, and provide a road map to help guide you through the difficult decision to divorce.
What are the divorce laws in Colorado?
The State of Colorado follows a “no fault” divorce law, which means that either the husband or wife can request dissolution of marriage merely because the marriage is irretrievably broken There are minimal residence requirements for the spouses and separate requirements for the children, all of which can be explained by the lawyers at Marc Kaplan.
Marc Kaplan can assist you with your divorce claim and its many complex aspects, such as:
- Collaborative Law
- Divorce Mediation
- Fraud Lawsuit
Depending on the circumstances of your case, we may recommend alternative divorce procedures that involve negotiation rather than litigation, such as divorce mediation and collaborative law. While litigation is sometimes the only choice, these methods can help you and your spouse to reach an agreement over various issues.
What are some common issues in divorce?
Divorce proceedings usually involve disputes over many different issues, some of them are more contentious than others.
The four main issues that normally cause the most disputes when it comes to divorce proceedings are:
Child Support – child support is oftne times a highly contentious issue surrounding a divorce settlement. The amount of child support the courts may demand a parent to pay can be complicated to calculate, and may involve disputes over a parent’s income or a child’s reasonable needs.
Custody and Parenting Time – this is also often times a contentious aspect of a divorce—who gets primary custody of the children and how much access the other spouse is fiven to those children.
Property Division – what are the values of the property and assets, who gets what property that was attained during the marriage or increased in value during the life of the marriage. These issues can include real estate, material possessions, accumulated assets, pets, and more.
Spousal Maintenance – also know as alimony in other states, this is an amount of monetary supplementation one spouse pays to the other upon divorce when one spouse is unable to meet his or her reasonable needs on her own, after dividing assets and debt.
What is disclosure and discovery?
Once you have decided to file for a divorce, the next step is to disclose and share information about the divorce. You have the obligation to disclose almost all information that would be needed to resolve all aspects of all disputes. You will also likely be required to answer questions for your spouse called “interrogatories.” Your lawyer and your spouse’s lawyer may also request documents like bank statements, credit card statements, business and financial institution reports, and other documents that say how much income, debt, and assets you have, as well as a tracing during the marriage. Lastly, attorneys may take sworn testimony from each spouse, and may be able to take sworn testimony from witnesses and other parties to be used in court proceedings, called depositions.
Contact Marc Kaplan TODAY for help!