Divorce & Legal Separation

Divorce & Legal Separation

Approximately 50% of all marriages end in divorce or separation, which in the legal system are classified as domestic relations cases. Feelings of anger, fear, and confusion often arise during a separation or divorce, and many questions can stem from these feelings. Thoughts of  “How often will I be able to see my children?” “What will happen to our house?” and “How will I pay my bills?” can keep you up at night and make an already stressful situation even tougher. In your time of crisis, you need a Fort Collins divorce attorney who not only understands your emotions and needs, but who will also help you make rational decisions about your life, your children, and your assets. People seeking to end their marriage are doing so because they want to healthily resolve a situation that isn’t working anymore. Therefore, our goal as Fort Collins divorce attorneys in a domestic relations case is to assist our clients in finding a solution that is unique to their circumstances and allows them to move forward with their lives, secure in the knowledge that what is important to them has been protected.


Most dissolution of marriage cases can be resolved without the added stress of a trial through mediation and negotiation. Mediation is a process where a neutral third person works to bring the parties together with the most satisfactory results for everyone involved. Resolution of a case without a trial has several advantages: All parties have greater control over how their children will be raised, and how the marital property will be divided. Additionally, it is more cost effective. The Fort Collins divorce attorneys at Schwartz & Waible understand that many people who seek a legal end to their marriage have limited resources; coming to an agreement with your spouse will not only reduce legal expenditures, but allows you to take an active role in the final details of your case, as well as eliminates the uncertainty of going to trial and adhering to a judge’s orders. Our Fort Collins divorce attorneys are experienced negotiators who have been through several divorce mediations, and will do everything in our power to help you reach a resolution to your case that is cost effective, and protects your rights and assets.


Unfortunately, there are times when a spouse is being unreasonable and a resolution can only be reached through the trial process. In that case, our thousands of hours of courtroom experience will be advantageous to you. Our Fort Collins divorce attorneys are acutely familiar with the rules of evidence and trial techniques, and have cross-examined hundreds of witnesses. If you are unable to reach an agreement with your spouse and litigation is the only option, having an experienced attorney who will prepare you for your hearing and help you focus on the most important points is vital to the success of your case.

Legal Separation

Due to issues including health insurance coverage and religious beliefs, occasionally couples file for a Decree of Legal Separation instead of divorce. This process is virtually identical to that of a divorce, and the amount of time required by our Fort Collins legal separation attorneys depends on both the case and the desires of the parties involved. The major difference between a legal separation and divorce is that a decree of Legal Separation does not allow either party to remarry. In order for remarriage to occur, the legal separation must first be converted to a divorce action.

Fort Collins divorce attorneys, Schwartz & Waible, will assist you in determining what course of action is best for you based on your situational needs. We will help to calm any fears by answering your questions and addressing your concerns promptly, and will handle your case with the utmost respect and compassion.

Fort Collins divorce attorneys, Schwartz & Waible, also serve the following locations throughout Colorado: Greeley, Loveland, Windsor, and Wellington.