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FAQ About Family Law

Get Answers from Our Denver Divorce Attorney

Divorce and other family law issues can be very confusing and emotionally traumatizing for the people involved. During the process of divorce, you need constant guidance, which can be provided by our attorney. Our Denver divorce lawyer offers compassionate counsel each step of the way, and our legal support team can answer your questions at any time during your representation. At this initial stage, however, you can browse through the frequently asked questions that we have answered. Read the questions and answers below for a general understanding of family law and then contact our firm!

How can I gain protection against an abusive spouse?
If you are experiencing domestic abuse by your spouse, you have to take action to protect yourself. Criminal and civil laws exist to protect individuals against the abuse of their spouse. For physical abuse, you can report the situation to the police. You can have your spouse arrested and charged with domestic violence. In many circumstances, a temporary protection order can be imposed to prevent your abuser from contacting you. In the state of Colorado, domestic violence protection orders can be sought for initial safety from an abusive spouse. Our team understands what a difficult decision and situation this may be for you and we offer our compassionate support to help you through this process.

When a father's name is not on a birth certificate, what rights does he have?
The absence of a man's name on the child's birth certificate does not necessarily affect his legal rights as a parent. In Colorado, paternity is presumed through marriage to the child's mother. If paternity cannot be assumed through marriage, a genetic test can be taken. Under Colorado law, a result of 97% probability or higher is enough to presume paternity. A father has custodial, support, and visitation rights in many cases, even if his name is not displayed on the birth certificate.

What are the grounds for divorce in Colorado?
Colorado has adopted no-fault divorce grounds. No-fault means that fault, such as abuse or adultery, does not have to be proven for a divorce to be obtained. Additionally, both spouses do not have to agree to divorce for it to be obtained; it can be obtained even if one party wishes to remain married. For a divorce to commence, one party must show that the marriage has been irretrievably broken beyond repair. Fault is also not typically considered when determining the terms of divorce, such as maintenance or custody.

What is a legal separation?
Some married couples questioning whether or not to divorce still hold hope that their marriage can be repaired but feel the need to live separate lives from one another. Legal separation is an option that is similar to divorce but it does not terminate the legal status of marriage. All pieces of the couple's life are separated, including children, finances, and property. To obtain a legal separation, terms of the legal separation will have to be determined and placed in an agreement as a couple would for a divorce. Legal separations can easily be changed into a divorce if either party requests the separation to be finalized as permanent. Our firm discusses the potential for reconciliation before pursuing divorce for our clients. Legal separation may be a method of reconciliation for you and your spouse after you've had time to assess points of contention.

How can I keep divorce costs to a minimum?
At Sturniolo & Associates, our objective is to keep costs to a minimum for the benefit of our clients. Our clients' direct cooperation in providing all necessary information to our firm is important to keep costs low. We can explore all settlement options with you and your current spouse to avoid the high costs associated with court. Mediation is a valid divorce route to keep costs to a minimum for uncontested divorce cases. If it is in the best interest of the client to proceed to court, our firm can do whatever it takes to keep costs reasonable.

How long does a divorce take?
The divorce process usually takes around 6 months to complete. If you and your spouse cannot agree on certain terms, then the divorce may take longer. Oftentimes, complications with issues like child custody, child support, alimony, and property division extend the process.

How does child support work in Colorado?
Child support is determined by evaluating a number of different factors, including the following:

  • Each parent's income
  • Number of children
  • Insurance costs
  • Amount of time that the parent is caring for the child
  • Day care

These factors are all plugged into a formula, which generates a monthly amount. View the Colorado Child Support Guidelines by clicking here. Non-custodial parents are usually required to pay child support until the child is out of high school, unless the child is disabled and unable to care for himself or herself. If the child becomes emancipated or joins the military, then the non-custodial parent may be able to terminate support.

Information from Our Denver Divorce Attorney

Legal issues involving family can be very stressful. Our legal team has the experience and skill to effectively handle difficult matters that come about during your divorce. As you seek a resolution, our firm suggests speaking with the knowledgeable Denver divorce lawyer from our firm. We can answer all of your questions and provide you with high-quality representation. Our lawyer has more than 40 years of experience serving clients with integrity and diligence. If you are facing divorce or another family law issue in or around Denver, Colorado, we encourage you to schedule a case evaluation. We can explain your options to you and help you learn more about our family law services. Contact Sturniolo & Associates today for legal guidance from our legal team!

Sturniolo & Associates - Denver Divorce Attorney
Located at 5353 W Dartmouth Ave #202 Denver, CO 80227. View Map
Phone: (303) 732-5010 | Local Phone: (303) 831-4400.
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