Overview of the Denver Divorce Process

To limit the complications and confusion in the Denver divorce process, it is best to hire an experienced and knowledgeable divorce lawyer to help you.  The following is a quick overview of how the Denver divorce process is organized to give you a better understanding of what to expect.

The first step in the Denver divorce process is the filing of the paperwork.  The petitioner (the spouse who seeks the divorce) must present the paperwork to the judge, who reviews the case.  The other spouse, or respondent, must then receive the paperwork and sign a waiver of service.  In Denver, there is a 90 day waiting period before the divorce can become final (the waiting period is not required for annulments).

In some cases, it is not possible to locate a spouse.  If you have this problem, divorce attorneys will contact investigators who are skilled at locating these missing spouses.  If the investigators are unsuccessful, than the petitioner can still go through with the divorce by serving the missing spouse by publication.  Though this is not the easiest process, it can still achieve the desired end result of divorce, even without the other spouse present.

During the Denver divorce process, each spouse must complete a financial statement and provide all financial disclosures.  If a spouse feels the other has not provided adequate information, it is possible to request more documentation.  Ask your divorce lawyer for more information about interrogatories, requests for production of documents, or request for admissions if you feel your spouse is withholding important information.

If both parties are in agreement about the terms of the divorce, the actual Denver divorce process will run much more quickly.  In fact, in Denver, a couple may not even need to show up to court if they are already in agreement.  However, there are often various issues that must be resolved in court.  If this is the case, the couple will need to undergo some of or all of the following steps in the Denver divorce process.

1. Initial Status Conference

The Denver divorce court often conducts an initial status conference within forty days of the filing of the petition for divorce; although, many times this conference takes place later.  The conference is held in order to set the deadlines for disclosures, as well as set the appointment of experts and set a temporary orders hearing.  In general, these meetings often take no longer than 10 minutes and neither party is required to do much other than answer a few questions.

2. Temporary Orders Hearing

The Denver divorce process often takes a long time to complete.  In the meantime, it may be necessary to resolve certain pressing matters temporarily.  In these situations, a temporary orders hearing will be scheduled to work out a quick resolution to these issues before they are fully discussed and resolved in court.

3. Permanent Orders Hearing

The permanent orders hearing is the actual divorce case, where the parties will testify their cases and a decision will be reached about the allocation of assets, parenting responsibilities, and financial matters.  Afterwards, the marriage will be officially dissolved.

In an attempt to resolve cases more quickly, the court may require the parties undergo settlement meetings.  In these meetings, both parties will attempt to come to agreements outside of court.  If the couple can reach solutions that both parties agree on, it will cut down the time spent in court significantly.

Duties of a Denver Family Lawyer

A Denver family lawyer is an extremely valuable resource in all matters regarding marriage, childcare, and other family issues.  There are a number of services a Denver family lawyer can provide for you.  The following are 9 of the areas of law in which a Denver family lawyer would be your most valuable resource.

1. Familial Immigration

A Denver family lawyer can help you determine what the best ways are to assist foreign family members into the United States.  A Denver family lawyer can also give you advice and guidance based on Colorado and federal laws regarding immigration.  This includes sponsoring family members and applying for a green card.

2. Marriage

One of the most common reasons people seek a family lawyer is in regards to marriage and marriage laws.  A Denver family lawyer will be able to assist you in gaining the proper documentation and following the correct procedures toward getting your marriage recognized by the state.

3. Name Changes

A Denver family lawyer can also help you if you seek to change your name after marriage.  Similarly, a family lawyer can also help you change your name once again in the event that you and your spouse separate.

4. Domestic Violence and Abuse

If you or your child suffer abuse from your spouse, you can contact a Denver family lawyer to get help.  Family lawyers can help you gain financial compensation for the trauma you have suffered as well as refer you to a psychologist for counseling.  And though a family lawyer is a great resource, the first place one should turn in the face of domestic violence should always be the police.

5. Divorce, Legal Separation, Annulment

If for whatever reason you marriage becomes irreparably broken, and you decide to separate from your spouse, a family lawyer can help.  A Denver family lawyer can explain the difference between divorce, legal separation, and annulment and go over with you which makes the most sense given your situation.

6. Alimony

In the case of marital separation, a Denver family lawyer can help the lower income spouse receive alimony.  This spousal support can help to get a person back on their feet financially following a divorce.

7. Child Custody and Visitation

Another big area of family law is children and parenting.  After a divorce, a Denver family lawyer can facilitate discussions about childcare, which can later be brought to court. 

8. Child Support

A Denver family lawyer can also help a divorced family by helping to reach a decision about child support.  Though the amount of child support that must be paid will ultimately be decided by a judge, a lawyer can set both parties up so they are more likely to gain a favorable ruling in court.

9. Adoption

Additionally, family law handles adoption as well.  If you desire to adopt a child into your family, a good Denver family lawyer can give you the tools and information you need to do just that, while adhering to all of the necessary rules and codes.

Establishing Paternity with a Denver Paternity Lawyer

A Denver paternity lawyer can be an extremely valuable resource when it comes to family issues.  Paternity lawyers can serve a number of functions including assisting with adoptions, child custody, child abuse, and many other areas of law.  They are especially helpful when it comes to establishing paternity.

The establishment of paternity is vitally important when it comes to issues like insurance, child support, the claiming of assets, etc.  At any point, a child, mother, or father can ask for a determination about one of the child’s parents.  If so, then a lawsuit can be brought to court.  If so, a Denver paternity lawyer will be essential in hearing the case.  Very frequently it is the mother of a child who seeks to establish paternity of the father so that she can receive financial support; however, there are a number of reasons one might seek to establish paternity.

Assuming a mother seeks to claim a man as the father of her child, the man is called the putative father.  The putative father can either consent to being the child’s father and accept the responsibilities that come with it, or he can contest the claim.  If the putative father consents, this establishes paternity for the child forever.  In other words, even if it is later found that he is not the true father, he is still legally bound to the child.  If a putative father is not certain about his paternity to the child, he should consult a Denver paternity lawyer for guidance before deciding to consent.

If the putative father contests the claim of paternity, a DNA test is usually executed to determine the likelihood he is the father.  A DNA test cannot prove paternity, but the test is the most powerful estimate available and is usually within 95-99 percent accurate.  If the test shows that the putative father is likely to be the biological father, the burden is on the putative father to disprove the presumption, which is extremely difficult.  There is little even a Denver paternity lawyer can do against a positive DNA test.

Besides emotional and psychological reasons, there are other benefits to establishing paternity for a child.  First of all, the child is then able to qualify for inheritance, as well as social security benefits, and life and medical insurance.  Knowing who the child’s father is can also greatly benefit healthcare practitioners because family history can be so vital in determining one’s risk for serious illnesses.

It is also possible to establish paternity postmortem.  A DNA test can still be conducted on the putative father and matched against the mother and child.  If there is a match, the child can still qualify for inheritance and other benefits from the father.  A Denver paternity lawyer can also assist in inheritance and insurance matters.

There is such a thing called paternity fraud in which a mother attempts to coax a putative father into consenting to paternity without revealing that there are other putative fathers.  This is another reason why it important to hire an experienced Denver paternity lawyer.  A putative father must be served paternity papers before consenting to a DNA test.  This is another matter to bring up with a Denver paternity lawyer.