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Frequently asked questions on divorce, separation, and other family law matters:
How much will my case cost?
Does it matter if my spouse is cheating on me?
What if I am being abused or am fearful of abuse?
What is the difference between divorce and separation?
What is the difference between divorce and annulment?
Divorce, separation, annulment, child custody, support, and maintenance.
COSTS: It is almost impossible to say, without any knowledge of your particular circumstances. Every case is different, requires a different approach, and will take a different amount of time to reach a conclusion. I will make every attempt to minimize your costs, however, and handle your case in an efficient, professional, and sensitive manner. Half-hour initial consultations, however, are no-charge. Return to questions.
CHEATING SPOUSE: It almost never has any legal significance. Colorado is a "no fault" divorce state, which means that if one spouse petitions (asks) for a divorce, the divorce will be granted, regardless of who caused the problems leading to the breakdown of the marriage. Usually, the only issues to be resolved by the parties and the court are property division, support and maintenance, and child custody and visitation. Return to questions.
ABUSE AND DOMESTIC VIOLENCE: You need to seek help immediately and provide for your own safety and that of your children. Do not be afraid to call the police. Domestic violence is an all-too common occurrence, and the police are trained how to handle such incidents. In addition, you or you and your attorney may file in court for a restraining order to help prevent violence from reoccurring or occurring in the first place. Return to questions.
SEPARATION AND LEGAL SEPARATION: "Divorce" means that a court acts to legally dissolve a marriage, i.e., to end it. "Separation" may mean two different things: (1) that a husband and wife have agreed to live apart, or (2) that a husband and wife have asked a court to grant a "decree of separation," which is a judicial act (having the force of law) where the court will divide property and may provide for maintenance, support, and child custody and visitation, just as in a divorce. However, this kind of "legal separation" does not end the marriage. Whether to file a divorce petition or a petition for a legal separation is one you should make with the advice and counsel of an attorney. Return to questions.
ANNULMENT: An "annulment" is a judicial decree stating that the marriage was void from its inception, and was thus never a valid marriage. However, a court will still need to divide property and make other orders regarding children, support, and maintenance as in a divorce. Grounds for annulment are unusual, and generally involve a situation where one spouse failed to disclose important facts prior to entering into the marriage, such as a prior marriage that was never dissolved (also known as bigamy). Return to questions.
For more information or to schedule an appointment at our law firm, please contact us.
Law Offices of Schunk & Dunn, LLC
Attorneys and Counselors at Law
808 South Public Road, Suite 202
Lafayette, CO 80026
Telephone: (303) 939-9790
Facsimile: (303) 939-9792
The Law Offices of Schunk & Dunn, LLC represent clients throughout Colorado, including Boulder, Longmont, Broomfield, Louisville, Aurora, Lafayette, Denver, Nederland, Niwot, Boulder County, Arapahoe County, Jefferson County, Denver City County, La Plata County, Grand County, El Paso County, Pueblo County, Denver County, the University of Colorado, and Buckley Air Force Base.