Polidori, Franklin, and Monahan LLC focuses exclusively on family law cases, including matters at both the trial and appellate court levels.
For more than 30 years, our firm has assisted Colorado families with a broad range of family law services. To read about specific topics related to divorce and family law, go to our “Special Topics” page.
We represent clients from the simple to the most complex cases involving Divorce or Dissolution of Marriage, Child Custody or Allocation of Parental Responsibilities, Post-Divorce Modification, and Mediation and Arbitration.
Divorce / Dissolution of Marriage
In Colorado, a divorce case typically starts upon filing a Petition for Dissolution of Marriage in the District Court in the county where one of the parties reside. Colorado law requires that a person must reside in Colorado for 90 days or more before filing a Petition (or Co-Petition) for Dissolution of Marriage. Moreover, at least 90 days must pass from the date of filing and the conclusion of the case, at which time the District Court will issue a decree terminating the marriage.
After the filing of the Petition for Dissolution of Marriage, the parties will have the opportunity to reach a settlement agreement resolving the issues presented in their case. If an agreement cannot be reached, the case will be presented for a hearing before the appropriate judge, and he or she will enter court orders resolving contested issues.
Our attorneys represent parties at all stages of the divorce case, including settlement negotiations, mediation and contested trial proceedings. While the facts and circumstances of each family differ, common issues that must be addressed and resolved include the allocation of parental responsibilities, determination of an appropriate Parenting Plan, determination of child support and spousal support, division of marital assets, and allocation of marital debt.
Child Custody / Allocation of Parental Responsibilities
When parents divorce, they face important challenges regarding their children. Of primary importance is the allocation of parental responsibilities determining which parent (if not both) has the authority to decide such matters as medical treatment, education, spiritual upbringing, and extra curricular activities on behalf of minor children. Parenting schedules are also necessary to ensure each parent the right and opportunity to care for the children during the school year, vacations, and holidays. Our attorneys guide parties through these important decisions, providing counsel and advice in response to the needs of the children and their parents.
In those cases where agreements cannot be reached, Colorado Courts regularly appoint a Child and Family Investigator to evaluate the children’s needs and make recommendations to the court regarding decision-making authority and appropriate parenting schedules. The ultimate goal in every case, whether by agreement or trial, is to protect and promote the best interest of the children.
Mediation and Arbitration
In most Colorado divorce courts, judges will order the parties to attend and participate in mediation after a divorce case has been filed. If clients are prepared and willing to address the issues out of court, mediation can be an effective method to resolve the case and promote a cooperative relationship between the parties. Mediators are impartial individuals trained in facilitating meaningful discussions and negotiations for the purpose of reaching an agreement.
Arbitration is another way to assist parties in resolving the issues of their case outside the courtroom. An arbitration proceeding is similar in form to a court hearing, at which time evidence and arguments are presented to the arbitrator for decision. Once the arbitration process is concluded, the arbitrator’s decision is submitted to the District Court for confirmation. Parties commonly use arbitration when they need more flexibility in scheduling hearings then can otherwise be provided by busy metropolitan courtrooms.
Attorneys at our firm frequently represent parties in mediation and arbitration, providing input and advice to clients on appropriate and fair solutions to the issues involved in the case.
After Divorce - Modification
After your divorce is final, life goes on, and the circumstances of your family and children may change. As a result, sometimes the Orders that the Court entered at the time of your divorce regarding child support, maintenance and parental responsibilities need to be modified. Examples of some changed circumstances that may make it advisable to seek a modification of prior Court orders may include a relocation, change of employment, a change of income, a change in the children’s health insurance, or a change in the children’s needs.
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