Divorce Attorney

When you are in need of an experienced divorce attorney, our firm is here to offer you guidance.  At The Law Office of Cheryl A. Miller, P.C. we understand how difficult divorces can be for everyone in your family, especially when children are involved. For people considering or filing for divorce, it is always a smart idea to have the expertise of a skilled lawyer on your side. We are here to help you with the objective guidance that you need during this difficult time.  We will work hard to negotiate a fair settlement in your case, but if resolution through trial is necessary to protect your interests we will zealously advocate your position.

Divorce law is complicated and deals with two very important assets in your life; your family and your finances.  Below is some information about divorce for your knowledge and consideration.

Requirements to File

• One party must have lived in Colorado for at least 91 days  immediately prior to the commencement of the case.

Responding Once Served

• If you are served with divorce documents while in Colorado, you must respond within 21 days of being served. It is important to respond in a timely manner.  If you fail to respond, any and all matters may be decided without further notice to you.

Waiting Period

• Colorado grants divorces only after 91 days have passed since the court obtains jurisdiction.  Jurisdiction is obtained after a party has been properly served.

Custody/Parenting Time

• If you have children, it is best to have a parenting plan that outlines the parenting time of each parent for weekly parenting time, holiday parenting time, and vacation parenting time as well as establishes a procedure to make major decisions for the children.  We can help you to create a parenting plan that works for both parents and the children.

Child Support

• Colorado has an established formula for calculating child support.  There are many contingencies that impact the formula to which can dramatically affect the amount of child support.   Additionally, sometimes the proper child support is establish by disregarding the formula in its entirety.  We have the experience and knowledge to assist you in determining and establishing child support that is appropriate to your situation.

Maintenance/Alimony

• There are several factors that courts consider to determine whether or not maintenance awards are appropriate.  Some of those factors include, the length of the marriage, the income of the parties, the health of the parties, the ages of the parties,  and the life style established during the marriage.  Each case is unique and must be evaluated based upon the specific set of circumstances presented.  We can help you determine if maintenance is appropriate and help establish maintenance that is right for your situation.

Asset and Debt Division

• The court is required to divide marital property equitably.  Of note, Colorado is not a 50/50 state.  The court is required to divide your estate fairly.  Fairly does not always mean equally.   We can assist you in determining what property is considered to be marital and subject to division.  Once the marital property has been identified, we will help you create a property division that is fair and equitable based on your specific situation.

Attorney Fees

• The court has the authority to award attorney fees under certain circumstances including, but not limited to: awarding fees to equalize the financial position of the parties and/or awarding attorney fees that were incurred due to a party’s actions which needlessly increased the cost of the case.  Each case is unique and requires individual analysis regarding whether or not an award of attorney fees is appropriate.

For an experienced divorce attorney, call the professionals at The Law Office of Cheryl A. Miller, P.C. to get the guidance and counsel that you need.