Experienced Legal Counsel for Coloradans
With all its unpredictability, life sometimes takes unexpected twists and turns that alter the course of even the most harmonious relationships. Circumstances change, people evolve, and relationships end.
If you are planning to file for divorce, the Douglas County divorce attorneys at Knies, Helland & McPherson Law, P.C. can help guide you through the legal process. We understand how emotionally, mentally, and fiscally impactful divorce can be on our clients, even in amicable cases, which is why we aim to make the process less overwhelming and more manageable.
Backed by decades of collective experience, our highly skilled attorneys are prepared to handle a myriad of divorce cases, including military divorce and same-sex divorce. We can also serve clients with:
- Contested divorces
- Uncontested divorces
- Collaborative divorces
- Mediated divorces
Contact our firm online or via phone (719) 626-8530 to request a case consultation.
Who Gets the House in a Divorce in Colorado?
If a couple cannot agree on the division of property, who gets the house (and other marital assets) will be decided by the court. Colorado is an equitable distribution state, which means property acquired during the marriage (marital assets) is divided in a way that is fair to both parties. A fair distribution does not mean an equal (or 50/50) division.
Thus, the first thing the court will determine is whether the house is marital or separate property. The court will then consider the following factors:
- Each spouse’s economic circumstances
- Each party’s separate assets and their value
- Each spouse’s contributions to martial assets with separate property
- Whether either party has primary physical custody or children who would benefit from that party being awarded the family home of the right to remain in the home for a set period
Does It Matter Who Files for Divorce First in Colorado?
Legally, the person who files for divorce first (the petitioner) does not have a bearing on court determinations, and whoever files first does not have a stronger case or different rights than the responding party. However, there can be some general advantages to filing first.
Filing first can sometimes provide a slight strategic advantage. For instance, the spouse who files first might have more time to gather necessary documents, consult with legal counsel, and prepare their case. While the other party can gain access to necessary documents during their own investigation and the discovery process, timewise, the petitioner has more preparation time.
The first person to file also gets to choose the case’s jurisdiction. If you and your soon-to-be-ex-spouse live in different counties or states or have established residences in two (or more states), they can choose which county or state to file in.
The petitioner also has the benefit of setting the initial terms concerning divorce determinations, thus placing themselves on the offensive. For instance, if they claim that the other party wastefully dissipated marital assets, which warrants a larger portion of the marital property being awarded to themself, then the respondent is on the defense. The respondent will have to disprove this claim and make their own demands.
Filing first also allows the petitioner to set the agenda and pace of the divorce proceedings to some extent. They get to present their case first in court, which can set the tone and potentially influence the perception of the case.
Trust Our Divorce Attorneys
We at Knies, Helland & McPherson Law, P.C. firmly believe that each client's situation is unique. This belief underpins our commitment to providing personalized solutions. We don't believe in one-size-fits-all answers. Instead, our attorneys take the time to understand your specific circumstances, tailoring their legal advice to your individual needs.
Your case is about more than just paperwork; it's about safeguarding your future and preserving your rights, and choosing the right attorney can make all the difference in your divorce case. With Knies, Helland & McPherson Law, P.C., you'll find a team that not only possesses the legal experience needed but also the empathy to understand and respond to your needs during this challenging time.
We invite you to learn more about how our Douglas County divorce attorneys can help guide you through your case. Call (719) 626-8530 today.
"What a friendly, considerate, and professional operation - thanks!"Glenn
The whole law firm in general is amazing to be honest.Adam J.
This Law Firm is wonderful. My spouse and I have worked with Kelly McPherson and she is amazing.Joel D.
The partners and attorneys at Knies, Helland & McPherson are seasoned litigators with decades of combined courtroom experience. We help clients transition into the next phase of their life.
Clients Come FirstOur Attorneys believe you can part ways with a loved one with dignity and respect, without harming your children. They also believe divorce and mediation can be much less confrontational and toxic, and far less expensive.
Personalized ServiceWhen you work with our team, you will get a customized plan that best fits your unique situation. No two cases are the same and our attorneys understand this.
Team OrientedAs Mothers and friends, our approach is unique in that we work collectively as a team. Our firm's number one priority is the success of our clients. We strongly believe that the best outcomes come about when we collaborate.