Divorce in Denver

By Gilbert O. Montoya Jr. | Published on October 4, 2011 | 0 Comments

Gilbert O. Montoya Jr., a Denver attorney who handles the divorce cases at Gilbert O. Montoya Jr., P.C., says that divorce is among the most frequent forms of family law that he deals with.

In Denver, Montoya says that divorce starts out by filing a petition with the court asking the court to dissolve the marriage between the parties. They then provide information about their marriage, for example, information about their children, their finances, their property, and their current living situation. It is seldom that a divorce is designated as uncontested, says Montoya, a Denver attorney with experience in divorce law. There is a 90-day waiting period before a decree can be entered dissolving the marriage, he says.

The court allows this 90-day period as a cooling off period for the parties seeking divorce. In these 90 days, the parties can try to work things out by reconciling and dismissing the case or arranging to part amicably where there is really no contest over things like assets, debt or property, says Montoya, a Denver attorney. When two people can work things out amongst themselves, they should do so because they know their circumstances better than any judge in a courtroom, he says. Especially when it comes to reaching an agreement on child custody, it can be beneficial to make those decisions outside of a courtroom with the best interest of your child in mind at all times, says Montoya.

Montoya says that in Denver, the courts are trying more to get rid of the term custody because it implies possession. The real effort, says Montoya, the Denver attorney, is to get the parties to acknowledge that children need both parents in their lives. Montoya says it is important that in a divorce, children know that they are loved by both parents, even if both parents can’t stand each other. Parenting time or parenting schedule is really what the courts are trying to utilize instead of the term custody in order to emphasize the need for both parents in a child’s life. The courts attempt to be as fair as possible to both parties and support the best interest of the child at all times when it comes to child custody and child support.

For more information on divorce, child custody and child support, contact Gilbert O. Montoya Jr., P.C. today.

Phone: 303-301-2656

*Disclaimer: This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.

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