Colorado
Family Law FAQs
I heard that
Colorado is a “No-Fault” divorce state. What does that mean?
Colorado is a no-fault divorce state. That is, the
dissolution of the marital union does not depend on "fault"
of either party, nor can any marital wrongdoing be brought
up during divorce proceedings (unless there are safety
issues related to child custody or certain instances of
financial wrongdoing that have affected the marital estate).
Either spouse may file without the consent of the other.
How is a Legal
Separation different from a Dissolution of Marriage?
A Dissolution of Marriage is what is commonly called a
“divorce.” At the end of the process, both parties will
have divided their assets (including debts) with the
help of their respective counsel. If there are children
involved, there will need to be further agreements
regarding parenting time, parental decision making, and
financial support between the two parents. In a Divorce,
the legal marriage itself is terminated and both parties
are to re-marry. In the case of a Legal Separation,
husband and wife can similarly separate their finances,
domiciles, parenting time and the like, but the marriage
itself remains legally intact. Neither party is to
re-marry without converting their Legal Separation to a
Decree of Dissolution by the Court. Our attorneys can
help you determine if a Legal Separation is a viable
alternative for your case.
What does the
timeline for obtaining a divorce or Legal Separation in
Colorado look like?
In Colorado, the minimum time between joint filing (or
serving the Respondent) and being granted a divorce
decree (or Legal Separation) is 90 days. However, in
most cases it will take longer. Most divorces in
Colorado will be completed in a year or less. Complex
divorces, high asset divorces or divorces that are very
contentious may take over a year to complete.
Can I keep my
personal bank account? It’s only in my name, not my
spouse’s?
Not necessarily. According to Colorado law, both spouses
must provide the Court (and one another) with financial
documents in order to best ascertain the value of assets
obtained during the marriage. In other words, you must
disclose all financial documentation, and then it will
be up to the Court to decide what is “separate”
property, and what must be divided between spouses.
Even though your bank account is only in your name it is
still going to be considered marital property if:
-
You deposited funds
during your marriage that co-mingled with funds from
prior to your marriage. In this case the account
would be considered co-mingled and therefore marital
property.
-
The funds you
deposited were earned during the marriage, or
-
Even if you only
have funds in the account from before your marriage,
the principal amount will be separate funds but the
interest earned on funds or any increase in value to
the account during your marriage is considered
marital property.
Who takes on the
marital debt?
Marital debt is “equitably” distributed in the same
manner as assets. Normally, the party who is allowed to
keep a certain asset (say, a car or a home), will likely
be responsible for the corresponding debt.
Do I need to
sell the house?
It depends. The house is a marital asset if it was
purchased during the marriage. How marital assets are
divided depends on the circumstances of your case. If
you are able to keep the house in a division of assets,
then you will also have to look at your ability to pay
the mortgage and expenses. Maintenance/Alimony may come
into play or not depending on your circumstances.
Suffice it to say that the question of keeping the house
can only be answered by your attorney after looking at
all of the circumstances of your case.
Colorado Child
Support FAQs
How does the
judge decide who will pay child support (and how much)?
The judge will calculate the child support amount with a
pre-determined formula (Colorado Child Support
Guidelines). Unless someone presents evidence of special
circumstances, that amount will stand.
Both mother and father are equally responsible for the
support of the minor children, and that often implies
some sort of financial help from one parent to another,
after considering each parent’s income and the number of
days (overnights specifically) that each parent spends
with the child/children. In other words, if one parent
cares for the children 80% of the time, but his/her
spouse has a significantly higher income, then he/she
will need to pay support to the parent with the lower
income. Both parties will need to provide the Court and
one another with pertinent financial documentation (pay
stubs, income tax returns, etc.).
Our attorneys work can work with you directly to
determine what child support can be expected using the
Colorado Child Support Guidelines.
What can I do to
guarantee that my spouse will pay child support?
Your lawyer can help you take the appropriate legal
action if your spouse is delinquent in child support
payments.
There
are a number of ways to enforce child support.
Colorado Child
Custody FAQs
How do Courts in
Colorado determine child custody?
Colorado law does not use the word “custody” in its
legal terminology; instead, it refers to parental
“responsibility”, which includes decision-making and
parenting time (formerly called “visitation”). In other
words, the law distinguishes the right to make important
decisions for the child from the right to actual
physical parenting time, and may split the
responsibilities up differently.
What is the
difference between “decision making” and “parenting time”?
The issue of parenting time is a complicated one. Even
if the Court feels that both parties are “fit” as
parents, they may still grant the majority of parenting
time to one parent, because they are influenced by the
facts presented that it is in the “best interest of the
child”. The Court considers what schedule is best for
the child—so it may attempt to establish a certain level
of permanency, in addition to maintaining a bond with
both parents.
In Colorado, “decision making” privileges are separated,
because Courts treat them differently. It is possible to
have unequal parenting time but shared decision-making
responsibilities.
What
does the judge/magistrate take into account when determining
custody?
Overall, the Court legally aims to rule in what it thinks is
the "best interest of the child”. This can be interpreted in
many different ways, but it is important to remember that
this is the standard by which the Court will rule.
Colorado
Maintenance/Alimony FAQs
Will I be paying
or receiving maintenance and how is the amount determined?
It often depends on the discrepancies in income between
husband and wife. Initially, judges will often formulate
a Temporary Order before permanent spousal support can
be decided. As far as the Permanent Order goes, the
judge will take a number of things into account,
including: how long you were married, what the standard
of living was during the marriage, and the financial
state of both parties—including income potential. For
instance, if a wife has spent the majority of her
15-year marriage outside of the workforce, managing the
home, her income (not to mention income potential were
she to seek a job) is likely far below her husband's.
The actual law states:
The maintenance order shall
be in such amounts and for such periods of time as the
court deems just, without regard to marital misconduct,
and after considering all relevant factors including:
-
The financial resources
of the party seeking maintenance, including marital
property apportioned to him, and his ability to meet
his needs independently, including the extent to
which a provision for support of a child living with
the party includes a sum for that party as
custodian;
-
The time necessary to
acquire sufficient education or training to enable
the party seeking maintenance to find appropriate
employment and that party's future earning capacity;
-
The standard of living
established during the marriage;
-
The duration of the
marriage;
-
The age and the physical
and emotional condition of the spouse seeking
maintenance; and
-
The ability of the
spouse from whom maintenance is sought to meet his
needs while meeting those of the spouse seeking
maintenance.
(C.R.S. 14-10-114)
The Court will keep this in
mind when determining how much maintenance will be
compulsory, and your attorney will represent your
interests in persuading the Court as to what is fair for
you.
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