Colorado Family Law
Frequently Asked Questions about Divorce in Colorado
1. What are the grounds for divorce?
The State of Colorado recognizes only one ground for divorce, the “irretrievable breakdown” of the marriage relationship. In order to obtain a divorce, it is necessary for only one party to assert that the marriage is broken beyond reconciliation. In a “no-fault” divorce case, the reasons for the breakdown, as well as questions of fault, are irrelevant.
2. How long before I can obtain a divorce?
The answer often depends on the complexity of your case and when the Court has time to hear your case. The Court cannot grant a divorce until the parties have waited at least ninety days from the date your spouse receives legal notice of the dissolution action.
3. How do I initiate the divorce?
In order to file for divorce, you do not have to be physically separated from you spouse. A statement called Petition for Dissolution of Marriage, containing information about your marriage and stating that you believe the marriage to be irretrievably broken is prepared by you or your attorney and filed with the Court. Notice is then given to your spouse that you have filed for divorce.
4. Should I file first?
There is no legal significance to being the first to file. However, whoever files first may affect which County is the proper jurisdiction for the case to be heard.
5. When should I file?
The law extends certain protection to the individual parties, the children of the marriage, and marital property, which can only be obtained once the action has been filed with the Court and legal notice of the action has been given to your spouse.
6. What provisions can be made between the time the divorce action is initiated until the final decree? In a proceeding for dissolution of marriage, the parties, by agreement or by Court order, can establish a plan specifying their respective rights and responsibilities on a temporary basis for: payment of debts; use of property, including the marital residence; spousal support; parental decision making and parenting time; child support; and attorney’s fees. This temporary plan, called Temporary Orders, governs the conduct of the parties until a final divorce decree is entered. Temporary Orders should not prejudice the rights of either spouse in seeking a different arrangement at the time of the final divorce decree.
7. What is contained in the final divorce decree?
The final decree dissolves the marital relationship and provides a complete settlement of the matters arising out of the marriage. These matters include the evaluation and division of marital property and debts, spousal support, child support, parental responsibilities related to decision making and parenting time, taxes, and deductions, life and health insurance and costs associated therewith, and responsibility for attorney’s fees.
Permanent settlement of these issues is either determined by the court, after a full and complete hearing, or by agreement of the parties. If the parties can reach an agreement regarding all issues, your attorney will prepare a final agreement, which will be signed by the parties and submitted to the Court for approval. If the parties arrive at an agreement, it is possible, in most cases, to obtain the divorce and approval of the Court without the need for a Court appearance.
8. Can one attorney represent both parties?
It is uncommon and believed, by most attorneys, to be a conflict of interest for an attorney to represent both parties in a divorce. If your spouse does not retain independent legal counsel, your attorney can communicate with your spouse, but cannot give legal advice to your spouse.
9. How is the distribution of “marital” property determined?
In Colorado, marital property is to be awarded in an equitable way. A just and equitable division is defined by statute and includes the following considerations: The contribution of a spouse as homemaker; the value of non-marital property set aside to each spouse; and the economic circumstances and income potential of each spouse after the divorce.
10. What is “marital” property?
Marital property consists of all property acquired during the marriage except by gift or inheritance. Property brought into the marriage remains separate property, unless it is placed in joint names. The increase in separate property from the date of the marriage is considered marital property.
11. How is custody determined?
For cases or modifications of custody filed on or after February 1st, 1999, the term “custody” has been replaced with the term “parental responsibilities.” Parental responsibilities consist of decision making and parenting time. The parties must agree on how major decisions, such as medical, educational, religious and other areas of concern, are to be made. The parties are also to agree as to how they will share time with their children. If the parties are unable to agree, the Court will make the determination.
12. How is child support determined?
In general, child support is determined by a mathematical formula comparing the respective gross incomes or potential gross incomes of the parties. Monthly expenses such and debts of each party are not taken into account unless they directly relate to the care of the children, such as child care.
13. How can I protect myself against physical abuse?
A temporary restraining order is a directive issued by the Court to restrict or forbid certain contact between the persons. A District Court may issue a restraining order in situations involving domestic abuse or as part of a divorce or custody case. For information about the documents and procedures for obtaining a restraining order, consult an attorney, the Court Clerk, Legal Aid Society, or the battered person’s shelter in your area. A temporary restraining order can be obtained on the same day that you seek it from the Court, and without the other party being present if the circumstances are severe. The person seeking the restraining order must tell the Court, under oath, the reasons for the restraining order and explain his or her belief that imminent physical or emotional harm can be expected without the Court’s immediate intervention.
14. What can I expect from the divorce process?
A divorce can be one of the most stressful experiences of your life. Seeking immediate legal advice will not only put aside some of your fears and concerns, but can help you avoid conduct at the initial stages of the proceeding, which might prejudice your entire case. The legal system is not perfect and you can anticipate delays and, at times, frustration with the process. For the children of the marriage, the marital break up is a frightening experience. Divorce may end the marriage, but not the relationship, especially if children are involved. Mental Health counseling is often useful for the adults and the children.
15. Can I obtain an award of attorney’s fees?
The Court may award attorney’s fees when there is a large disparity in income of the two parties and one party does not have the resources to obtain legal representation. The award of attorney’s fees is in the discretion of the Court and not based on the wrong doing of the party.
16. How do I select a lawyer?
The best way to select a lawyer is to obtain a referral from other professionals or friends. In attempting to determine a lawyer’s competence and reputation, once can also look at the length of time in practice, participation in organizations, publication of articles or books, and teaching of other attorneys. A law firm that specializes only in the area of family law is an indication of the attorney’s commitment to that particular area of law.
17. What is common law marriage?
If two parties hold themselves out as husband and wife with the intent to be married, Colorado recognizes this as a common law marriage.
18. What will a divorce cost?
Legal fees are based on many factors, including the complexity of your case; the time limitations to complete the work, the ability to work cooperatively with your spouse; and the Court’s docket. It is important to have a written fee agreement. Divorce actions in Colorado are usually charged on an hourly basis, and are not contingent on the outcome of your case.
19. What is arbitration?
Arbitration is the process of presenting all or a portion of the issues in a dispute to a neutral third party, other than the Judge, for resolution. Both parties must agree to the use of an Arbitrator. the arbitration award is made into a court order, and is enforceable just like a regular court order.
20. What is mediation?
Mediation is the process of working with a neutral third party in helping the parties reach agreements on issues. In the event mediation is not successful, the parties must seek resolution through the Court, or can elect to arbitrate the issues. The information discussed in mediation cannot be used against you in subsequent legal or arbitration proceedings.
21. How long do I have to reside in Colorado to obtain a divorce?
In order to initiate a divorce action in Colorado, you or your spouse must be a resident and have intended for Colorado to be the primary residence at least ninety days prior to the initiation of action.
22. Do I have any rights as a grandparent?
Grandparents have certain rights for parenting time when there has been a custody action initiated relating to their grandchildren. A grandparent may also have the rights to petition the Court for custody of their grandchildren under certain circumstances.
26. Do I have any rights as a Step-Parent?
Step-parents may be considered psychological parents, and have a rights to parenting time. Under certain circumstances, a step-parent may have the right to petition the Court for custody of their step-children. A step-parent is not obligated to pay for support of a step-child.
24. How can I collect my child support?
There are numerous methods of collecting child support including, but not limited to, wage assignments, garnishments, tax intercepts, suspension of driving privileges and professional license suspension. Your attorney will discuss the various methods and which ones have the greater likelihood of success.
