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Divorce With Children

Colorado Divorce and Child Custody Attorney

When children are involved in a divorce, anger towards a spouse needs to take a back seat to the best interests of children. A Colorado judge once said in court, "I don't care what your spouse did to you during your marriage. What I want to you to focus on now is not hating the other party but loving your children." At the Waters Law Firm in Denver, this is the same approach we bring to divorce when children are involved.

There are four steps you must go through to get divorced in Colorado when children are involved:

  • Temporary orders: There will be a hearing with a judge, usually lasting a few hours, at which the judge will issue temporary orders on issues such child custody and support.
  • Status conference: Within 30 days after filing your divorce, there will be a brief status conference with the judge to identify the main issues, such as child custody and support, alimony and division of marital property. None of these issues will be decided at the status conference.
  • Parenting classes and mediation: Both parents will be required to attend Parenting After Divorce (PAD) classes and mediation to create a parenting plan. If you reach an agreement, it can be incorporated into your permanent orders. However, the outcome of mediation is not binding on either party.
  • Permanent orders: The permanent orders are the final binding agreements between you and your spouse. If you and your spouse cannot come to agreement on some or all issues, there will be a trial, which can last anywhere from a few days to a week or longer.

If your case goes to trial, behavioral issues such as physical, mental or sexual abuse, drug use and infidelity can be introduced in testimony. In one noteworthy case in Colorado, a husband sent 110 disparaging text messages to his spouse during their divorce. Not only was the wife awarded sole custody of children, but the judge gave her all marital property, spousal support and attorney fees.

Common law marriages: If a common law marriage breaks up, the two parties have the same parenting rights as married parents.

Free Lawyer Consultation

During difficult times, it is helpful to talk to a lawyer you can trust. For a free initial consultation with attorney John Waters about divorce and parenting issues, call 303.731.6327 or fill out the contact form on this Web site.

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