Colorado Divorce Laws

When you get divorced, you have a number of pieces of paper that need to be sent in to the court. A divorce decree is all of that final paperwork put together that’s made an order of the court. So, that final paperwork would include your parenting plan, it would include your separation agreement, it would include any other orders of the court, and that package, all put together, is your divorce decree.

Now what you can do once you have your divorce decree is you can enforce it, so it becomes as I said an order of the court, meaning that if somebody doesn’t do what they’re supposed to do based on that paperwork, you can go to the court with a contempt motion or an order to enforce and it actually is a court order. So when you’re at the end of the divorce you have a divorce decree, you have your legal rights essentially handled.

By: Leslie Matthews

What is alimony based on in Colorado? Alimony, we actually don’t use that word here in Colorado. It’s the same thing, but we use the word maintenance. The reason we use the word maintenance is because it’s need-based here in Colorado. It’s not as if you just should have maintenance/alimony because someone’s at fault or someone’s been bad and they need to be punished.

Here in Colorado, regardless of how bad the other party is, you’re not going to be able to get alimony or maintenance unless you fulfill on what we now have as a formula or such. So here in Colorado, we have a formula. It went into effect at the beginning of 2014. It is a new formula. It doesn’t go into effect unless you’ve had at least three years of marriage.  If you are under three years of marriage, then the formula doesn’t apply. You might be able to get short term, temporary maintenance/alimony to tide you over until you get a job. But the formula itself won’t come into effect unless you’ve married a relatively significant period of time – three years. Once you hit that three year mark, the formula comes into effect and, whereas historically, we used to argue about maintenance all the time, now there’s less argument about it because judges like formulas.

Formulas make things easier. The maintenance formula itself has some complexities to it that are beyond this video, however suffice it to say, a thumbnail if you wanted to use it would be that the spouse that needed maintenance would probably get 40% of the other spouse’s salary minus – I don’t know if you can stick with it – minus 50% of the salary that the spouse who has less income already makes, and then the only question at that point is the period of time that you’d get the maintenance. It’s between a third of your marriage to half of your marriage, depending on how long you’ve been married. So the longer you’ve been married, the closer you’re going to get to the halfway point for the number of years that you would get maintenance.

For instance, if you’ve been married for (20) years, you’ll probably get maintenance for (10) years. And if you are a stay at home mother, let’s say, and you haven’t worked in years and years and years and you’re in your 50s, chances are you’ll get 40% of your spouses salary for that ten years. Now you can’t– I’m not promising that’s exactly right because like I said, there are many complexities to the statute and you’d have to come in a really sit down with me and really look for me to come up with what that maintenance formula will look like. So don’t take it as gospel. I’m just saying, that’s kind of a thumbnail sketch of how we do maintenance currently here in Colorado.

By: Leslie Matthews

One of the most difficult questions to answer for anybody is how much does a divorce cost, and then how long does it take? In the State of Colorado, there’s tons of different factors that go into a divorce. And a lot of the issue with cost is where are we going to settle and where are we going to fight? What we can never control is the fight that the other side is going to bring up. And we also can’t force the other side to settle. And if they’re not going to settle, and we have to introduce other factors into the divorce, that necessarily drives the cost up.

From that standpoint, it’s very difficult to tell somebody what their divorce will cost. As far as how long it takes, in the State of Colorado, earliest that somebody can be divorced or that two parties can be divorced is the 91st day after the respondent is served with the paperwork. Or the 91st day after both parties file together. The issue though is that courts are constantly backed up with litigants going into court and fighting about custody and things like that. Depending on the jurisdiction you’re in, your divorce could take a year and a half. It could take eight months. Count on the case taking longer than the 91st day when there are genuine fights about anything within your case.

By: Scott Goldman

One question I commonly get is from the people who’ve just been served with divorce papers. And the question typically is, I’ve just been served with divorce papers, should I sign the documents that my spouse’s attorney sent me? And the short answer is, no, don’t do it.

Talk to an attorney first. If your spouse already has an attorney it doesn’t matter how amicable things seem like they’re going to be, you’re better off seeking your own counsel. You’re not going to know all of the details of the divorce, and you may not be familiar with what rights you may be signing away. So in order to protect your rights, my advice is, Call an attorney. If you want to call me we can discuss the situation, I can listen to what the other attorney is proposing and if it’s fair and equitable I may be able to suggest to you, Sure, go ahead and sign it.

By: Ray Chamberland

Mediation can often save the client money. The mediator has their hourly fee, of course the attorneys do as well. But mediation can last (4) hours, it can last (2) hours, it can last the whole day. And the nice thing about mediation is that you’re not spending time preparing witnesses, preparing trial exhibits, preparing for a trial.

Really where the bulk of the costs come in are preparing for trial. To the extent that you can settle things out in mediation. And understanding that there’s still preparation for mediation. You will save yourselves a lot of money by going through that process and coming out of it successfully.

By: Scott Goldman

In El Paso County following a temporary orders hearing, and before you can have a permanent orders hearing, you’re required to have mediation. We do have an Office of Dispute Resolution who provides mediation services for the county, and you’re entitled to use them for your mediation, or you can hire a private mediator. If you have an attorney it will be their decision as to whether or not you use private mediation or you use the county folks.

A mediator is a paid individual, typically an attorney who’s very familiar, in our case with family law, and they would try to assist you. If you’re using an Office of Dispute Resolution for example, they have a two-hour mediation where you each pay a fixed fee for the two hours, and you and your attorney would be in one room, the other party and their attorney if they have one, would be in the other room and the mediator would sort of do shuttle diplomacy going back and forth between the two, trying to resolve any remaining case issues that have not been settled so far.

If you can reach a mediation, a mediated agreement, you can write it up, file it with the court and you may not even have to go to court after that for a final orders hearing. So mediation can be a powerful tool to help you resolve remaining issues in divorce cases.

By: Ray Chamberland

In the State of Colorado, an affair really doesn’t have an affect on alimony. Or the fancy term that we use in the law is maintenance. Colorado is a no-fault state so the judge or magistrate is not really looking to whether or not somebody had an affair to determine how maintenance will be determined.

And as a matter of fact, these issues need to be determined without any reference to fault. So the affair doesn’t play a role in that. In child custody, you could have some influence on that issue. If you have a parent that has had an affair and now has brought that other person around the children. And that person starts to act as though they’re parent to the child or children, that can have an affect on how child custody is determined at the end of the day. But overall, the mere fact that somebody had an affair, generally doesn’t play a role in how custody is determined.

By: Scott Goldman

What is child custody based on in Colorado? Child custody is based on a standard – a legal standard – called “What is in the best interest of the children“? And Child custody includes two pieces. It includes parenting time and it includes decision-making. And also, of course, there’s child support that needs to be dealt with. So how is that determined? Essentially, you’ll either agree to those things, in other words, you’ll have the children, let’s just say, 50% of the time – 50% of the overnights a year. Your ex-spouse will also have the children 50% of the time, or 50% of the overnights for the year.

Or certainly we have clients where they take a stand that for reasons of stability or reasons where someone has a job that requires them to travel all the time, that they have less child custody. So the parenting time might most of the time with one parent – the primary parent – and then the other parent might have every other weekend per se with the children. Child custody is either going to be determined, like I said, by you and your spouse or it’s going to be determined by the court if you can’t come to an agreement on that. The court is going to look at what’s in the best interest of the children. The court’s not – I know this is hard – but the court’s not interested at all in you or your spouse. They’re not. That’s not their charge. Their charge is what’s in the best interest of the children.

So it behooves you when you’re sitting down and maybe talking about a child custody issue in the case of a divorce, what is in the best interest of the children in terms of parenting time? What is in the best interest of the children in terms of decision-making? In other words, should decisions all be made by both of you together – joint decision making – or are there some decisions that one or the other of you should make because you can see down the line that there may be real problems associated with trying to come to agreement.

Mostly I see this in the area of wanting the children to go to therapy. One parent believes in therapy, the other parent doesn’t. Or medical issues. We’ve seen children with attention deficit syndrome. One parent believes in medication, the other parent doesn’t. So you can see down the line that there might be issues regarding decision-making.

One of the exceptions to joint decision-making that the court will impose has to do with domestic abuse. If there is domestic abuse in your relationship, then the court will not allow joint decision-making because there’s an imbalance of power between the two parties.  So you can see, there’s some complexities here. But the decision the court will make will always be based on that standard – the best interest of the children – and it will be the judge’s opinion about what’s in the best interest of the children.

So if you can’t come to an agreement, you’re essentially handing that, let’s just say subjective decision to someone else, and hopefully the judge will make a good decision on that for you if you can’t do that yourselves.

By: Leslie Matthews

If you’ve decided that you’re going to get divorced, the very first issue you ought to ask yourself is whether or not you need an attorney, or can you handle it yourself. If you have limited assets, you’ve been married for a very short period of time, and there is no children involved, you may be able to get a divorce without the help of an attorney.

One of the things I do when I’m talking to people, is to help them with that analysis and decide whether they even an attorney or not. The problem with doing it yourself, even under the circumstances I’ve described, is there is a great deal of paperwork, it must be completed properly, there has to be a fair exchange of financial information, and then you are going to have to make at least a couple of appearances in court.

Many people are intimidated by that, and even if they have limited assets in the divorce and it’s been a short term marriage without children, they prefer to have the help of a professional who does it every day. But that’s a decision each individual’s going to have to make.

By: Ray Chamberland