The same questions regularly come up during initial consultations for family law cases. I’ve compiled a list of Colorado family law FAQs, and have provided brief answers below. But, it is important to realize that one answer doesn’t fit every family law case because each case must be analyzed based on the specific circumstances. You should seek a consultation with an experienced family law attorney to discuss the specifics of your case before making any decisions.
FAQ 1: I’m going through a divorce, do I need an attorney?
A: It depends. Just to name a few factors, it depends on:
- What’s at stake in the case? Are there children of the marriage? What kind of assets/debts need to be divided? Is it a maintenance/alimony case?
- How comfortable you are with the process, and specifically where you are in the process?
- What are your goals?
- What are the best and worst case scenarios?
- Does the other party have an attorney?
These are just a few of the factors that should be considered. You can find a more complete analysis and more detailed thoughts on the topic here: www.dillielaw.com/blog/should-i-hire-a-family-law-attorney/.
FAQ 2: How do I find the right attorney for my case?
A: Meet with several and ask specific and informed questions. After the first meeting with the right attorney you should feel heard and comfortable, and you should have a clear understanding of the path forward.
More thoughts and specific examples of what questions to ask can be found in a specific article covering that topic here: www.dillielaw.com/blog/what-to-ask-at-your-initial-consultation-with-an-attorney/.
FAQ 3: What are the grounds for divorce/dissolution of marriage in Colorado?
A: Colorado only requires a finding that the marriage is “irretrievably broken” to issue a decree of dissolution. To determine that a marriage is “irretrievably broken” the Court typically only requires that one party testify that they would like to dissolve the marriage.
FAQ 4: Who determines how assets are divided in a divorce?
A: If you and your spouse are able to agree on a division of assets and debts then a stipulated agreement can be presented to the court for approval. Otherwise, unresolved issues regarding division of property will be decided by a judge in an “equitable” manner given the circumstances in the case. Do know that the courts in Colorado do not give any weight to arguments about what led to the dissolution. Only the financial circumstances of the parties impact the division of assets and debts.
A more complete explanation of what to expect from the dissolution process in Colorado is available here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-1/ and here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-2/.
FAQ 5: How is custody of children, known as “allocation of parental responsibilities,” determined in a divorce?
A: In Colorado the court determines allocation of parental responsibilities (including decision-making rights and parenting time) according to the best interests of the child standard found in C.R.S. §14-10-124. The statute lays out a number of factors for the court to specifically consider when determining what would be in the best interests of the child. These factors include:
- The wishes of the parent.
- The wishes of the child (if the child is “sufficiently mature to express reasoned and independent preferences.”)
- The past pattern of involvement of each parent.
- The physical distance between the parties/homes.
- The “ability of each party to place the needs of the child ahead of his or her own needs.”
The factors to consider are the same in every case but which factors are most relevant greatly varies based on the circumstances of the case, and every case must be analyzed on its own merits.
FAQ 6: When can my child decide who they want to live with?
A: There is no specific age at which the court will start to consider the wishes of the child, but Colorado’s best interest of the child statute does allow the court to consider the wishes of the child “if he or she is sufficiently mature to express reasoned and independent preferences.” In short, there is no easy answer as the Court has to make a case by case determination regarding the maturity of the child before determining if the child’s wishes should be considered.
FAQ 7: Does it matter who initiates a dissolution or allocation of parental responsibilities case?
A: In Colorado there is typically no advantage to being the Petitioner as opposed to the Respondent in a dissolution or allocation of parental responsibilities case, though there can be compelling reasons to get a case filed quickly regardless of who actually files. Ultimately the parenting plan (parenting time, decision-making, etc.) will be fashioned based on the best interests of the child (or children) and the financial aspects of the case will be addressed based on principles of “equity” and statutory guidelines. None of these standards change depending on who filed the case nor do they treat the Petitioner differently than the Respondent.
FAQ 8: How much is my case going to cost?
A: That’s a fair question, but it’s a very difficult question to answer.
Family law attorneys in Colorado typically charge hourly for work done in domestic cases. At a first meeting the attorney can, and should, let you know their hourly rate and the hourly rate for anyone else in the office that may work on the case (for example other attorneys, paralegals, or administrative staff.) The difficult part is anticipating how much work a given case will require. Every case is unique. Some cases can be resolved fairly quickly with minimal litigation. Other cases require numerous filings, court dates, and the involvement of experts, all of which ultimately increase the cost of the case. Given all those factors, it’s simply not possible to give an accurate idea of the costs of a case at a first meeting.
A more complete explanation of what can impact the costs of a domestic case in Colorado is available here: https://www.dillielaw.com/how-much-will-my-divorce-cost/.
FAQ 9: What kind of parenting time schedules are common?
A: While there are certain parenting time schedules that tend to be somewhat common (such as week-on/week-off or 5-2-2-5 plans,) those plans are not inherently better than other as parenting time schedules need to be carefully tailored to the best interests of the children and the specific circumstances of your family. Parenting plans are far from one size fits all, and the parties and courts have broad discretion in formulating a plan that will work best for the children. Don’t feel compelled to agree to a plan because it’s common, make sure that your plan suits the needs of your family.
FAQ 10: Who can file a case for “custody” or allocation of parental responsibilities?
A: Colorado law recognizes that under certain circumstances a non-parent, or even non-family member, will need to file a case to determine allocation of parental responsibilities (or “custody” as it’s known elsewhere.) Given that, Colorado law allows an allocation of parental responsibilities case to be filed by:
- A child’s parent;
- “… a person other than a parent…only if the child is not in the physical care of one of the child’s parents;”
- Someone who has had physical care of the child or at least 182 days, if the case is filed within 182 days of when that person had physical care of the child; and
- A parent or another person who has been granted parental responsibilities by a juvenile court.
FAQ 11: How can child support/maintenance orders be enforced?
A: There are a few ways to enforce child support and maintenance orders. Generally they are: (1) seeking a judgment directly from the court which will allow you to garnish wages or seize assets; (2) open a case through the child support enforcement office and allow them to pursue the unpaid funds; and possible (3) a contempt proceeding.
Each of these approaches require different procedures and have their own advantages and disadvantages. The small distinctions between the three can be a bit confusing, but an experienced family law attorney can help you understand each of the options and which may be the best approach given your circumstances and goals.
FAQ 12: How long will it take to get divorced?
A: By statute the Court cannot issue a decree of dissolution until at least 91 days have passed since the case was filed. If both parties are on top of everything and in agreement on all issues it is possible to finalize a dissolution of marriage shortly after that 91 day window. On the other hand, complicated cases or case involving significant conflict can take a year or more to fully resolve.
Articles on the procedure and specific steps in a dissolution case in Colorado are available here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-1/ and here: https://www.dillielaw.com/blog/colorado-family-law-procedure-part-2/.
FAQ 13: What kind of decision-making arrangements are common?
A: Decision-making rights in Colorado are typically divided in one of three ways:
- Joint decision-making where both parties have equal say in major decisions and neither can enact a major decision without the agreement of the other parent.
- Sole decision-making where one parent has the power to enact major decisions in one or more areas unilaterally and without the agreement or even input of the other parent.
- Hybrid decision-making where the parents are expected to confer and try to reach an agreement on major decision-making, but in the event that an agreement cannot be reached one parent has authority to have the final say on the decision.
While these are the most common decision-making arrangements, family law statutes and courts prioritize the best interests of the children and allow significant flexibility to cater parenting plans to specific circumstances, meaning that these three arrangements are not necessarily the only options.
FAQ 14: What are the bases to modify a parenting time order?
A: If there are legitimate concerns about a child’s physical and emotional wellbeing, a court can quickly restrict parenting time to supervised visits to ensure the safety of the child. Outside of issues concerning safety, the court is tasked with catering a parenting time schedule to the best interests of the child and the court could look to modify the schedule based on any number of reasons, such as: one parent routinely not exercising their time; the physical distance between the parties changing; the children reaching school age and needing to account for the school schedule; and/or the children growing older and having developed reasoned opinions about what the schedule should be.
FAQ 15: Do I actually need a formal parenting time plan through the courts when we’ve been doing ok without one so far?
A: The short answer is yes, yes you do.
The more detailed answer is that informal agreements only between the parents and outside of court may work for a while, but they are ultimately unenforceable. Without any formal court order in place both parents have the same right to the child at all times, regardless of any informal agreement, so there is no way to ensure that an informally agreed upon schedule is actually followed. That means that if you have a week-on/week-on schedule in place informally but one parent unilaterally decides they don’t want to follow that plan any longer there is no way to enforce the agreement. Additionally, without a court order in place there is nothing to prevent either parent from moving with the child and practically nullifying any informal schedule that was being followed.
It’s a wonderful thing when separated parents are able to work together amicably, but any agreed upon schedule needs to be formalized through the court to ensure it will be followed. I’m certainly not saying that all agreements made outside of the courts will fall apart and end in a disaster but it does happen, and when it does it can take much longer and be much messier than anyone likes to get any kind of resolution.
FAQ 16: What does it mean that Colorado is a “no-fault” state for divorces?
A: The procedure for a divorce/dissolution of marriage is established by state law, so every state determines their own unique rules and procedures. Courts in some states can consider evidence on what caused a party to seek a divorce (such as an affair, etc.) and could take that into consideration when issuing its rulings on division of marital assets and debts.
Colorado courts have no interest in diving into the reasons that led to the divorce or casting blame on one party or another, nor do Colorado courts have any legal basis to consider blame for the divorce as a factor in its ruling on division of assets and debts. That’s what makes Colorado a strictly “no-fault” state for divorces.
FAQ 17: How do you file a divorce case?
A: To initiate a divorce case in Colorado you will need to complete and file a Petition for Dissolution of Marriage, a Case Information Sheet, and possibly a Summons. If you and your spouse are filing the case “jointly,” meaning that you both sign the Petition, no Summons is necessary. Otherwise you’ll need to include the Summons.
All of these documents, along with a helpful flow-chart of the divorce process, are available on the Colorado Courts’ Self-Help website here: https://www.courts.state.co.us/Forms/Forms_List.cfm.
FAQ 18: When can support orders be modified?
A: Courts in Colorado can establish support orders for both child support and maintenance (known as alimony in some other states) if warranted by the circumstances. Child support is always modifiable and modification can be sought any time circumstances change such that the guideline child support calculation changes by 10% or more. If the parties agree that maintenance is contractual and non-modifiable then the Court can never change the original maintenance order. If maintenance is modifiable it can only be modified if a substantial and continuous change in circumstances make the current order unfair.
FAQ 19: What happens to large assets, like homes or retirement accounts, in the divorce process?
A: The “marital” portion of any asset will need to be considered and included in the division of overall assets and debts during the divorce process. How much of any given asset is marital can be difficult to determine and depends on things like when and how the property was acquired and how much, if any, the property has increased in value over the course of the marriage.
If the parties cannot reach an agreement between themselves then domestic courts in Colorado are tasked with dividing all marital assets and debts “equitably” after taking into account factors like the income or earning potential and separate property of each party. This requires that one person keeps a large indivisible asset and buys out the other person, or if necessary the large assets can be sold and the proceeds divided.
FAQ 20: How do Colorado family law courts handle pets during a divorce?
A: The short answer is not well – Colorado law considers pets to be property, and addresses pets no differently than it would furniture, vehicles, jewelry, or any other type of property.
That means if the pet was yours before the marriage (or was gifted to/inherited by you and you alone during the marriage) it is your separate property and you will keep the pet as your separate property after the divorce. On the other hand, if the pet was acquired during the marriage it is marital property and must be allocated to one party or the other along with all other marital property. The obvious issues with that approach are that pets are much more a part of the family than say a couch, and pets generally have much more sentimental value than they do monetary value. Neither of those facts is taken into account when a pet is simply treated like another piece of property.