There are many milestones in life that we look forward to, but a divorce isn’t one of them. Nonetheless, it’s not uncommon for spouses to grow apart or develop problems with their relationship that bring their marriage to an end.
Whether you’ve decided to file for divorce in Colorado or you’ve been served with divorce papers by your spouse, you likely have many questions about the process ahead. What are the answers to the most frequently asked questions about the state of Colorado divorce laws? Our Denver divorce lawyers have the right answers.
In order to get a Colorado divorce, at least one spouse must have been a resident of Colorado for 90 days or more before filing the divorce petition. The court also requires a 90-day waiting period between filing the divorce and signing the divorce decree. If the divorce involves children, they must have resided in the state for at least 181 days for the court to have jurisdiction over them.
Divorcing spouses should file for divorce in the county they’ve resided in. If they are separated and living in separate counties, the spouse who files for the divorce becomes the petitioner and typically chooses to file in the county where they reside.
Divorcing spouses in Colorado only need to file on the grounds that the marriage has been “irretrievably broken.” Colorado is one of 17 states that doesn’t allow divorce on any other grounds or claims of wrongdoing by a spouse.
Before you file a petition for divorce or respond to your spouse’s petition, you should hire an experienced attorney. Your Colorado divorce lawyer is familiar with all legal requirements and processes associated with divorce in Colorado court and prioritizes your best interests while safeguarding your legal rights through all procedures. Prepare for the process ahead by doing the following:
Being prepared before the legal process begins helps facilitate a smoother, more streamlined divorce.
The average divorce costs spouses between $10,000 and $15,000, but your cost could be much less if you and your spouse can come to mutually agreeable terms in a settlement agreement that doesn’t require resolving disputes in court. If the case goes to court to argue matters of property division or child custody, the expenses quickly mount, resulting in more money for both parties involved.
The spouse who files first for divorce in Colorado becomes the petitioner in the process, while the other spouse becomes the respondent. The respondent has 21 days to respond to the divorce petition.
There are no serious advantages or disadvantages in being a petitioner or respondent in the divorce, except that the petitioner chooses the jurisdiction of the divorce case, which only becomes relevant if the other spouse has relocated out of state. The petitioner specifies the initial requested terms of the divorce and the respondent then agrees to or disputes the petitioner’s requested terms. A Denver divorce attorney at Ciancio Ciancio Brown, P.C. can help you file with ease.
An uncontested divorce is simpler, faster, less expensive, and less adversarial. In an uncontested divorce, both spouses agree to all aspects of their divorce, including child custody, the division of their marital assets, child support, and spousal support, and they form a settlement agreement with the assistance of their lawyers. Often, this requires the help of a professional mediator so the spouses reach agreements on these terms.
After forming the settlement agreement, it’s submitted to a judge at the end of the 90-day waiting period. In most cases, the judge signs the agreement into final orders without requiring the spouses to appear in court. A judge typically only objects if they find the terms egregiously unfair to one spouse or if they suspect it was signed under duress.
An uncontested divorce requires the spouses to communicate and compromise effectively. Unfortunately, many divorcing spouses have contentious feelings toward each other which makes compromise and communication difficult. Also, compromise isn’t always possible or advisable—such as in child custody cases when one parent has a history of abuse, neglect, criminality, or chronic addiction. When divorcing spouses disagree on one or more divorce terms that aren’t resolved during mediation, the case must go to court as a contested divorce.
In a divorce trial in court, both spouses and their attorneys present their sides of the argument to the judge through testimony, evidence, and eyewitnesses. A judge considers all evidence and testimony before signing final orders for all divorce terms including child custody, parenting time schedules, child support, division of assets, and spousal support when it’s appropriate.
The court process for divorcing spouses with disputes is expensive, time-consuming, and adversarial, leading to hard feelings that can make it difficult for divorcing spouses with children to effectively co-parent after the divorce. Some divorcing spouses choose a collaborative divorce to avoid court. This process often starts with both spouses agreeing to the divorce and filing for divorce as co-petitioners.
Filing as co-petitioners gives the advantage of neither spouse being designated as a respondent with up to 21 days to respond, saving time and contention. Spouses may also choose to move forward with a collaborative divorce even if one spouse has filed the petition and had papers served to the other spouse as a respondent.
In a collaborative divorce, both spouses hire separate attorneys to represent their interests but agree ahead of time to keep the divorce uncontested so it doesn’t require a trial. Instead, their attorneys set up a series of meetings to negotiate the terms of their divorce in a safe, civil environment. They also typically attend one or more sessions with a professional mediator who offers creative solutions to both common and unique problems with the division of assets, child custody, alimony, or other aspects of the divorce.
The spouses agree to continue to collaborate and mediate until they reach a mutually acceptable settlement agreement to take to the judge in their jurisdiction to sign into the final divorce decree.
Colorado courts have no preferences between mothers and fathers in child custody cases but instead, decide all custody matters based on the child’s best interests. The standard of “a child’s best interest” begins with the rebuttable presumption that continued close contact with both parents is in a child’s best interests. There are many options for sharing custody (parenting time) that work for families, including those with younger or older children.
The court typically only limits or restricts one parent’s access to their children if they have a history of abuse, neglect, chronic addiction, criminality, or an unsafe home environment. Otherwise, unless both parents agree to a different schedule, the courts seek to share child custody between parents with a parenting time schedule that’s as close to 50/50 as possible under the unique living situation and circumstances of the case.
Colorado is an equitable distribution of marital assets state rather than a community property state. This means divorcing spouses must divide and distribute their marital assets and debts in a way that a judge considers fair and equitable even if it isn’t exactly 50/50.
They may keep any separate assets that were theirs alone before the marriage, inherited by them during the marriage, or gifted solely to them during the marriage, but all property accumulated during the marriage is subject to division regardless of whose name is on the title or account.
Examples of separate assets include:
Determining separate assets can become complicated when spouses intentionally or accidentally co-mingle their separate assets. For instance, if one spouse invests time or money into the other spouse’s separate asset, they may have a claim to a share of the increased value of the asset.
Marital assets and debts that must be fairly divided include the following:
Depending on the number of assets and debts spouses accumulate during their marriage, the valuation and division of assets can be fairly simple, or quite complex.
Unless you and your spouse agree on all terms of the divorce, it’s advisable to attend one or more mediation sessions. Mediation provides a neutral third person who is familiar with the state’s divorce property laws to help spouses compromise and reach mutually acceptable decisions to avoid court.
Although not all Colorado counties make mediation mandatory, some counties require it. Also, if a case goes to court for one or more disputes, a judge may order spouses to attend mediation before returning to court.
Arbitration is an alternative to court for divorcing spouses with one or more disputes over the terms of their divorce but who wish to avoid court. There are many reasons to avoid court, including the additional expenses and the fact that court cases become a matter of public record. Spouses in Colorado can choose arbitration for their divorce rather than going to court so their records remain private.
In divorce arbitration, both spouses agree to present their arguments and evidence to a professional arbitrator rather than in court before a judge. They must sign documents stating that they will abide by the arbitrator’s decisions. An arbitrator is typically a former judge or experienced divorce lawyer. After arbitration, the divorce agreement is signed into the dissolution of marriage orders by a judge.
You can request a name change back to your previous name directly on your divorce petition through an affidavit for name restoration.
The state requires a 90-day waiting period for divorce so even the most streamlined divorce with no disputes over property division or child custody takes at least that long. Otherwise, the amount of time a divorce takes depends on how long it takes spouses to arrive at a settlement agreement or argue each issue in court for a judge to decide.
It doesn’t. Colorado is a no-fault state. In Colorado in order to be granted a divorce the Court must find that the marriage is irretrievably broken. This usually only requires one spouse to want a divorce.
Adultery does not impact division of marital assets, child support, or maintenance. Well it cannot be said that adultery never matters in when it comes to parenting time and decision making, but often it does not come into play in the Court’s decision. On the occasion it does it would require the Court to find that the adulterous relationship is threat to the children.
Colorado courts uphold the belief that all parents are financially responsible for their children. Although spousal support isn’t an obligation in all divorces but depends on the unique circumstances of the case, child support is an obligation for all divorces involving minor children. Colorado uses the Income Shares Model for determining child support. This formula considers the gross incomes of both parents, expenses like child care and education, health insurance costs, any special medical or educational needs, and each parent’s number of child custody days in the final custody orders.
In most cases, the parent with the fewer number of child custody days pays child support to the parent with the greater number of days. If the parents share equal custody, the higher-earning parent typically pays child support to the lower-earning parent.
A judge has the final discretion in child support orders and may depart from the model under some circumstances; for instance, when a parent’s income is so high that it results in an unreasonable amount of child support that’s far more than required to keep the children in their accustomed lifestyle.
There is no question that going through a divorce is hard and there many moving parts. Some key things you should be doing is: relying on your support network (family, friends, therapist, attorney), carefully reading the Court’s instructions as they have strict rules and requirements, and keep your personal spending to minimum. If children are involved it is important to shield them from the parental conflict.
At Ciancio Ciancio Brown, P.C., we will walk you through the process every step of the way so you always know what you should be doing and when. As a general rule, however, you should try to focus on the best interests of yourself and the children and keeping things as normal as possible.
Getting through the process may be a little like a roller coaster, but your attorney will keep you posted as to deadlines, which documents to provide, when to provide the information, and what the court expects of you next. In short, breathe and simply rely upon your attorney to guide you.
No matter how hard it may be or unfair it may seem it is imperative to always follow court orders, if you go against the orders you can face sanctions, contempt (which can be criminal), and be seen as the disobeying party which can lead your judge to no hold you in high regard.
You also do not want to dissipate or waste any marital assets or property; meaning, you will need to preserve all the property (real estate or personal) and all bank/retirement/savings until your divorce is finalized and properly divided.
If there are children involved in your divorce it is crucial to not speak bad of the other parent around the children this negatively impacts your children and asserts them into the divorce. Your children are not weapons against the other parent, they are kids and it is important to remember to be the parent.
During the divorce process, you should not do anything out of the ordinary. As an example, it is not the time to take a trip to the Bahamas for $10,000.00 if you didn’t always travel like that before.
You should also not disturb the children’s schedules, absent an endangerment to someone in the family. Instead, you should try to maintain the status quo as much as possible, both financially and emotionally, to help the process be smooth for all.
In the state of Colorado, the courts no longer decide “child custody.” Rather, the court determines “parental responsibilities” which includes decision making and parenting time.
The court makes these determinations by looking at the best interests of the children. While the court may listen to concerns either parent has about the other, the more important issues are what is in the best interest of the children for parenting time and making major decisions for the children.
Factors to consider include not only the history of the parties, the ages of the children, and the wishes of the children if age appropriate, but also whether parenting time with either parent will promote a more positive relationship and growth for the children.
If you are a victim of domestic violence from your spouse, you should immediately take steps to ensure your protection, including vacating the home if necessary. Second, you may want to consider filing for a protection order with the court.
At Ciancio Ciancio Brown, P.C. we will help you walk through the maze of paperwork and allegations needed to sustain a motion for a protection order to prevent further domestic abuse. Call us immediately if you need help in this regard.
The average United States household net worth is $121,700.00. At Ciancio Ciancio Brown we consider any divorce with a net worth of $500,000 or more a high asset divorce. We have attorneys, however, who can assist no matter the size of your marital estate – large or small – or even those divorces without assets but involving children.
A high-asset divorce requires careful navigating with meticulous attention to detail. It often means careful valuation procedures and financial forensic analysis by experts. High-asset divorces and divorces between spouses with complex assets and diverse portfolios often become contentious and require special care.
The only assets which a court is unable to allocate during a divorce are those assets obtained via bequest, demise, inheritance, or gift. If those assets acquired by one of these means have accumulated value during the marriage, however, the increase in value will be deemed a marital asset subject to division by the court.
For example: If Aunt Hillary gives wife $50,000.00 and during the marriage, that $50,000.00 grows to $60,000.00, then the $10,000.00 is considered a marital asset. Other assets which may be protected from a divorce action are those safeguarded by a valid prenuptial or postnuptial agreement.
In Colorado, alimony, or spousal support, is referred to as maintenance and is calculated pursuant to C.R.S. § 14-10-114. The statute sets forth advisory guidelines which apply to couples with a combined annual adjusted gross income of no more that $240,000, and who have been married for at least three years.
The guidelines provide a formula for calculating an advisory maintenance amount, and it includes a table of the advisory term (or duration) of maintenance under the guidelines, which is based on the length of the marriage in whole months.
The formula for calculation of maintenance is: forty percent of the parties’ combined monthly adjusted gross income minus the lower income party’s monthly adjusted gross income.
If the formula produces a negative number, the maintenance amount is zero. As far as the term of maintenance, if the marriage exceeds twenty years, maintenance may be awarded for a specified term or for an indefinite term, but in either case, the term may not be less than the term advised under the guidelines for a twenty-year marriage, which is at least 10 years.
When considering a maintenance request, the court must make findings concerning each party’s gross income, their share of the marital property, the respective amount of their gross income, their financial resources, their respective reasonable financial need as established during the marriage, and whether maintenance would be deductible to the payor and includable as taxable income to the recipient. Under current law, maintenance is neither deductible nor taxable income.
The Court next has to determine the amount and term of a fair and equitable maintenance award based on a consideration of the following factors:
Finally, to be eligible for maintenance, the court must determine whether the party seeking it has met the maintenance threshold, i.e. whether the spouse seeking maintenance lacks sufficient property, including marital property, to provide for their reasonable needs and is unable to support themselves through appropriate employment.
Abandonment in marriage occurs when one spouse leaves the marriage figuratively and literally, severing all ties with the family and having no intention of returning.
In Colorado, which is a no-fault state, a marriage can be dissolved when jurisdictional requirements are met (one spouse must be domiciled in Colorado for 91 days before filing the divorce petition) and the marriage is irretrievably broken.
A showing of abandonment establishes that the marriage is irretrievably broken. However, because Colorado is a no-fault state, abandonment or some similar fault ground is not required to be shown as a condition of divorce.
Abandonment may cause difficulties in serving the divorce petition on the absent spouse, and the divorcing spouse may have to attempt service by publication.
Once service is accomplished, the divorce will proceed even if the absent spouse fails to appear in court. The court will only be able to rely on the evidence presented, but it may draw inferences negative to the absent spouse from that evidence and the lack of any contrary evidence.
Practically speaking, abandonment will most likely cause the remaining spouse severe financial difficulties. The remaining spouse, both before and after filing for divorce, may use any marital assets for their living expenses.
With regard to children’s issues, abandonment will not serve as a basis for termination of the absent parent’s rights. It will likely give the remaining parent the upper hand in the allocation of parental responsibilities.
Sometimes there are matters that cannot wait until the finalization of the divorce. For instance, sometimes divorcing co-parents argue about child custody or about which spouse gets to remain in the family home or keep the best car. In other cases, one spouse may face immediate financial hardship during the separation and needs spousal support. In these cases, a divorcing spouse may request temporary orders. After filing a petition for temporary orders, a judge will schedule a short hearing to listen to testimony and review evidence before issuing one or more temporary orders. The orders may be agreed upon by both spouses ahead of time, or one spouse may make a request for temporary orders, and the other may dispute the request.
Temporary orders are fully enforceable. The permanent orders after the final hearing may continue the temporary orders or may deviate from them or end them, depending on the circumstances of the case and the judge’s decision.
