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Family Law FAQs

Attorneys at Law Timlin & Rye, P.C. Nov. 16, 2023

Navigating the complexities of family law can be overwhelming, especially when you're dealing with the emotional impact of a divorce or separation. If you have children together, it can become even more complicated.

We understand how difficult this time can be and we're here to provide the guidance and support you need. Our firm, Attorneys at Law Timlin & Rye, P.C., is based in Denver, Colorado, serving clients throughout Adams, Arapahoe, Jefferson, and Douglas counties. Our mission is to help you navigate through these challenging times with clarity and confidence. 

Family Law FAQ

The most common inquiries regarding family law in Colorado include the following: 

I just got served with divorce papers. What are my next steps?

When you're served with divorce papers, it's normal to feel overwhelmed. The first step is seeking legal representation. Once you have legal representation, the next step is to review the divorce papers carefully, noting the deadline for responding and gathering any necessary documents. If you disagree with any terms or wish to assert your own claims, you may need to file a response or counterclaim. Your attorney will assist you in preparing and filing these necessary documents. Remember, each divorce case is unique, so it's crucial to consult with an attorney to understand how your specific case details may impact your next steps. 

How long will it take to get divorced in Colorado?

The duration of the divorce process in Colorado can vary greatly. Generally, there's a 91-day waiting period from the date the non-filing spouse receives the divorce papers or enters an appearance in the case. If the divorce is uncontested and both parties agree on all major issues, the process can be relatively quick. However, if the divorce is contested and disputes arise regarding child custody, property division, or other matters, the process can take significantly longer. Court backlogs and the complexity of your case can also impact the timeline. 

What are the grounds for divorce in Colorado?

In Colorado, the only legal ground for divorce is that the marriage is "irretrievably broken. " This means there's no reasonable chance of reconciliation. Colorado is a "no-fault" divorce state, which means judges do not consider misconduct or fault when granting the divorce or dividing property.  

Will I be awarded alimony?

Whether you'll be awarded alimony, also known as spousal support, depends on various factors. Colorado law provides judges with a formula to determine the amount of spousal maintenance, considering factors such as the length of the marriage, each spouse's ability to pay, and the physical and mental health of the spouses. Temporary spousal maintenance may be awarded while the divorce is in progress if the judge believes it is warranted. The final decision regarding alimony will be based on the specifics of your case and the judge's discretion. We can help you understand the likelihood of being awarded alimony and the potential amount based on your situation. 

What is the difference between a legal separation and a divorce?

Legal separation and divorce are two different legal processes. In a legal separation, you remain legally married but live separately, with court orders regarding child custody, child support, spousal maintenance, and property division. A divorce, however, dissolves the marriage entirely. Deciding between a legal separation and a divorce depends on your specific circumstances. 

When is mediation a good option?

Mediation can be beneficial for couples willing to work together to reach agreements on various divorce issues. It's a voluntary process where a neutral third-party mediator facilitates communication and negotiation.  

Caring For The People We Serve

At Attorneys at Law Timlin & Rye, P.C., we're more than just your legal advisors—we're your advocates, allies, and partners. We're committed to providing personalized service that meets your unique needs. From the moment you walk through our doors, we strive to make you feel heard, respected, and valued. Our goal is to guide you toward resolution with compassion, integrity, and professionalism.

There are many more questions you may have, such as who gets to keep the home during a divorce, how to make or change a child visitation schedule, what options you have if you're unsure about paternity, the benefits of a prenuptial agreement, and whether you need an attorney for your divorce. We're here to answer all these questions and more. Reach out to us today—we're ready to help.