Divorce Attorney & Family Law in Durango, Colorado
I am well-versed in all areas of family law and committed to serving clients with excellent representation. I understand the stresses of any litigation concerning your family and I help to make the process as smooth as possible. I have been serving the Durango, Colorado area in divorce and family law cases since 1994.
All legal work and communication will be handled personally by Divorce Attorney Carroll—no call centers, no passing off your case. Just experienced and personal attention to your case.
Comprehensive Divorce & Family Law Services
- Divorce & legal separation
- Child support & spousal maintenance
- Property and asset division
- Post‑decree modifications
- Contested & uncontested divorce
Have Questions About Your Divorce Case?
Having to go through the long and complicated process of a divorce is enough to leave someone confused. This is why the assistance of an experienced divorce attorney can play an elemental role in the outcome. View the FAQs Below for answers to common divorce and family law questions or call me at 970-259-1915 to schedule an appointment.
What are the grounds for a divorce in Colorado?
The only grounds for dissolution of marriage in Colorado are that the marriage is irretrievably broken and there are irreconcilable differences between them. To file for a divorce, one of the parties must be a resident in the state for a minimum of 91 days before the filing.
Do you have to prove fault for the divorce to be approved?
In the state of Colorado, there is what is called “no fault” divorce. This means that your marriage can be dissolved without having to prove that your spouse did anything wrong. The court is not interested in why or who wants the divorce, the only thing that must be proven is that there are irreconcilable differences and the marriage is irretrievably broken.
How long does a divorce take?
A divorce in Colorado will not become official until at least 91 days have passed after the completion of service. The process will go much quicker if both parties are able to agree on the terms and conditions of the divorce. If they cannot reach an amicable decision however, they will have to wait for a court date and settle the matter in court. In cases like this, the divorce could easily last up to six months or so.
What other issues are handled during the divorce?
During a divorce case, several other issues must be addressed and resolved before the divorce can be successfully dissolved. When two parties are breaking physical ties, the assets and property must be divided, spousal maintenance and child support will be determined and child custody agreement must be put into place. The divorce expenses and court fees must also be handled. Once these issues are decided on by the court, they are referred to as “permanent orders,” if the two parties reach the final agreement themselves, it is called a “separation agreement.”
What will happen once the divorce petition is filed?
Upon the filing of a petition for dissolution of marriage or legal separation by the petitioner or co-petitioner and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, a temporary injunction goes into effect against both parties until a final decree is entered, or the petitioner is dismissed or until further order of the court. This injunction orders:
a. Restraining both parties from transferring, encumbering, concealing, or in any way disposing of, without the consent of he other part or an order of the court, any marital property, except in the usual course of business or for the necessities of life and requiring each party to notify the other party of any proposed extraordinary expenditures and to account to the court for all extraordinary expenditures made after the injunction is in effect;
b. Enjoining both parties from molesting or disturbing the peace of the other party;
c. Restraining both parties from removing the minor children of the parties, if any, from the state without the consent of the other party or an order of the court; and
d. Restraining both parties, without at least fourteen days’ advance notification and written consent of the other or an order of the court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.
What do I do if I can no longer pay for maintenance obligations set up in my original divorce decree?
When your financial circumstances change, whether due to a change in jobs, a job loss, reduced wages, a costly illness or accident, or other support or financial obligations, you may wish to seek a modification of the court order regarding support arrangements that was originally made. This can be done by petitioning the court.
What is the difference between a contested and uncontested divorce?
There are always two kinds of divorces and they depend solely on the ability of the two parties to agree and communicate. A contested divorce is much more difficult and could take longer to resolve because the two spouses cannot see eye to eye and agree to the issues pertaining to their divorce. If they are not able to come to a mutual decision on terms and conditions, then the matter will have to go to trial. An uncontested divorce on the other hand, is when the two people are in complete agreement on every issue regarding the terms of the divorce. This does not mean that the decision to divorce is mutual, but rather they were able to come to agreeable decisions regarding the divorce, without going to court.