How do you get a divorce in Colorado?

The divorce process can occur in one of two ways in Colorado, either when both spouses consent or when they do not. With both spouses consent to divorce, a waiting period ensues starting from the date the divorce petition is served until the date the court ultimately enters a divorce decree. If one party does not consent to divorce, this waiting period will be almost certainly be longer depending on factors such as the parties’ assets, the degree of conflict between the spouses and whether a trial is necessary.

Will the Court grant a divorce before all economic issues in our case are resolved?

Probably not. It is preferable for the Court and parties to first resolve any economic issues. If the divorce is granted too quickly, the parties often find there is no incentive to resolve the economic issues.

Do I need to physically go to Court to get divorced?

Maybe. The parties to a divorce typically do not need to go to Court if their divorce is resolved beforehand by written agreement. This written agreement is submitted by mail to the Court, which then signs and mails the Divorce Decree back to the parties.

If my spouse and I continue to live together, can we still be considered legally separated?

Yes, but I recommend that you seek our assistance in determining what you should do to be regarded as legally separated while you and your spouse continue to live together.

Do I really need to know when I become legally separated?

Yes. Some marital assets are valued as of the date of divorce and others as of the date of separation.

Are assets always divided equally when a Court divides spouses’ marital property?

Not necessarily. While a 50/50 distribution sometimes is appropriate, there are also occasions where it is not. Colorado law lists several factors which determine if 50/50 asset allocation is appropriate.

Do we or a judge divide our marital property?

It depends. If you and your spouse, either on your own or with the assistance of attorneys, agree as to property distribution, then that agreement will be reflected in a Property Settlement Agreement. If no such agreement is reached, the Court will make this determination. We recommend that the parties try to settle this issue because the alternative leaves a third party who does not know you or your family, such as a judge, to divide your property.

Does all of our property consist of marital property?

Not necessarily. Marital property generally includes property acquired by a spouse between the date of marriage and the date of separation, no matter how the property is titled. On the other hand, inherited property brought into the marriage by one or both parties is generally not marital property.

Can I obtain full custody of my children?

Probably not in Colorado. Full custody is usually only awarded to a parent when the other parent either has serious criminal convictions or psychiatric issues. Primary physical custody is generally the highest level of custody a parent can obtain.

The other parent is not allowing me to see my children. What can I do?

Contact our office immediately. You have parental rights, even as a non-custodial parent. If you wish to obtain a custody or visitation order, we can immediately start the process.

What can happen if a parent refuses to obey a custody order?

Yes. That parent can be found in contempt of court. We can help you file a motion for contempt so that the court can address the issue.

Is there a customary or typical custody order in Colorado courts?

Not usually. Even though non-custodial parents enjoy parenting time or visitation every other weekend, others do not. Custody orders are usually tailored to the parties’ particular needs.

How is child support calculated in Colorado?

The Colorado Child Support Guidelines are used to determine support depending upon the actual financial needs of the children. This calculation is based not only upon the parties’ income but also upon other factors such as who provides any health insurance or day care expenses.

Besides child support, does Colorado law allow for spousal support?

Yes. The lower income spouse may be entitled to spousal maintenance in addition to child support.

What if one spouse purposely earns less than he or she is capable of earning?

In Colorado, if a spouse intentionally earns less than he or she is capable of, the Court can re-calculate that spouse’s income by using the figure the person could be earning rather than the amount actually earned.

Which expenses does a Court consider in a support action?

Expenses for doctor or dental bills, day care, private school, summer camp, mental health treatment and other such expenses are considered and may be factored in a child support order.

Can the Court order that my spouse or ex-spouse pay for a part of our child's college education?

Probably not. In Colorado, the child support obligation for children attending college ends when the child graduates high school, turns 19 or is otherwise emancipated, whichever occurs first.

Can I get alimony in addition to my share of the property division?

Maybe. In Colorado, alimony is referred to as spousal maintenance. The Court will make a case by case determination as to whether you are entitled to both a percentage of your property and spousal maintenance.

Is spousal maintenance taxable income to the recipient?

Yes. Spousal maintenance is taxable income to the recipient and deductible for the payor unless both spouses specifically agree otherwise in writing.

What is Mediation?

Mediation is a more informal process (than Court) whereby the lawyer represents neither party to a divorce. The lawyer instead attempts to helps the parties agree on the issues of custody, support, spousal maintenance, division of property and other matters.

Why is Mediation more appealing than litigation?

Litigation is usually more expensive than Mediation. Also, Mediation typically lessens the time required to finalize a divorce. Further, both spouses (and not a judge) are deciding critical issues, such as child custody, child support and division of property in a Mediation.

For which clients is Mediation appropriate?

People (particularly both spouses) who sincerely wish to resolve all issues in dispute but not those who seek to hurt or inflict pain or revenge on the other party.

Do I need a prenuptial agreement?

You especially might want a prenuptial agreement if you are bringing property or investments into the marriage, this is your second (or more) marriage, or if you are getting married later in life.

What issues does a prenuptial agreement address?

It depends upon what the client wants and their personal and financial situation. Does one spouse wish to protect separately held assets? Does one spouse wish to provide for spousal maintenance in case of divorce? Does one spouse wish to exclude from marital property income earned during the marriage? A well drafted prenuptial agreement can address these issues.

When should I have a prenuptial agreement drafted and signed?

It’s never too early to initiate this process if a wedding date is set. People often contact a lawyer only weeks before the wedding address having a prenuptial agreement. Waiting too long until right before the wedding date may place undue pressure on the parties. It is usually wiser to starting the process several months before the wedding date.

My spouse or significant other is abusive. What can I do about it?

Colorado law protects a person in a relationship who fears being stalked or imminent bodily harm. Call the police immediately if you are being stalked or have been abused.

What protection does Colorado law provide from domestic violence?

The Court may order the other person to immediately leave the house you both share in cases of severe abuse. The Court will promptly schedule a hearing, and if there’s evidence of abuse, it will likely order that the abusing party have no contact the other party and leave the home.

I have been falsely accused of abuse. Will the Court find me to be an abuser?

It is very likely that the petition for a no contact order may be dismissed by the Court depending on the evidence. Be sure to tell us all of the facts so that we can best protect your rights.

How much will it cost for you to handle my family law case?

Each case is unique. If the parties can initially agree to resolve the issues of property distribution, custody, child support and spousal maintenance, we can draft a Property Settlement Agreement. This will dramatically reduce the cost of a divorce or other matter compared to when the parties litigate each and every issue, especially at trial.

What if my spouse quits his or her job to avoid paying child support and/or spousal maintenance?

In Colorado, if a party voluntarily reduces his or her income, the Court will calculate the amount of child support or spousal maintenance based upon the actual income that party has the ability to earn.

Is property titled in the name of only one spouse necessarily separate property?

No. Married people typically title property in the name of only one spouse. This classification does not effect whether such property is marital property.

Can my spouse (or ex-spouse) move outside of Colorado with my child?

Yes, but only if the Court grants permission. You should immediately contact our office if your spouse (or ex-spouse) is threatening to move outside Colorado without permission from the Court.

Will my spouse’s adultery reduce the marital property to which my spouse is entitled?

No. Colorado is a no-fault state meaning that the aggrieved spouse normally is not entitled to more of the marital property in cases where adultery occurred.

I do not get along with my spouse, and he/she refuses my requests for him/her to leave. What can I do?

Absent abuse or threats of abuse, neither party can require the other to leave the marital home. Contact our office immediately if you are being abused or threatened.

My spouse left me with all of the bills after moving out of the marital home. What can I do?

We can file a motion for child support and/or spousal maintenance with the Court. Contact our office immediately to determine your rights and obligations.