FAQs about Family Law
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Colorado is a “No-Fault” divorce state. What does that mean?
Colorado is a no-fault divorce state. This means that the marriage may be dissolved without needing to prove that one party is at “fault.” This also means that marital wrongdoing is irrelevant in a divorce proceeding unless there are child custody safety issues or financial wrongdoing that affect the marital estate. Either spouse may file for divorce without the other’s consent.
What is the difference between a Legal Separation and Dissolution of Marriage?
In the case of a Legal Separation, husband and wife can similarly separate their finances, domiciles, and parenting time, 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.
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 able to re-marry.
What is the timeline for a Legal Separation or Divorce?
In Colorado, the minimum time between serving the Respondent (or joint filing) and being granted a Divorce Decree or Legal Separation is 90 days. Most divorces in Colorado will typically be completed within one year depending on the factual circumstances of each case.
Can I keep my personal bank account if it is in only my name?
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?
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 depending on your circumstances. The question of keeping your house requires your attorney to review the facts and circumstances surrounding your current situation.
What is Common Law Marriage?
In Colorado, you don’t have to get married to be legally married. If you are eligible to be married (i.e.; the age of majority, not married to anyone else, mentally capable) then the court looks to a three-prong test to determine if the couple is married under common law. There is no waiting period in Colorado to be married under common law.
Three Prong Test for Common Law Marriage in Colorado
Does the couple:
- Hold themselves out as married
- Have the intent to be married
- Live together
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.).
What can I do to make sure 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 such as seeking a Support Judgment, filing a Contempt Action, or negotiating with your spouse. These are discussed in the child support enforcement section.
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, and common depending on the age of the children, to have unequal parenting time but shared decision-making responsibilities.
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.
What Should I Expect During a Family Law Consultation?
During a family law consultation, you can expect to discuss the details of your case, such as divorce, custody, or other legal matters. The attorney will ask about your goals, provide an overview of the legal process, and explain potential strategies. This meeting allows you to evaluate the attorney’s experience and approach to your case.
How Do I Enforce a Divorce Decree or Court Order?
If your ex-spouse is not complying with the terms of a divorce decree or court order, such as spousal support or custody arrangements, a family law attorney can help you file for enforcement. This involves taking legal action to ensure the court’s orders are followed. Your attorney will guide you through the legal steps to enforce the decree and protect your rights.
Yes, family law attorneys assist with adoption. They help navigate the complex legal process, ensuring all requirements are met for a successful adoption. From filing paperwork to representing adoptive parents in court, a family lawyer ensures the adoption process runs smoothly.
What Happens if One Spouse Doesn’t Want a Divorce?
If one spouse doesn’t want a divorce, the other spouse can still proceed. Colorado is a no-fault divorce state, meaning either spouse can file for divorce without the other’s consent. The court can issue a divorce decree as long as one party claims the marriage is irretrievably broken. A family law attorney can help you navigate the process, even if your spouse is uncooperative.
Family lawyers can provide crucial support in domestic violence cases by helping victims obtain restraining orders, filing for divorce, and securing custody of children. They advocate for the safety and rights of their clients, guiding them through legal options to protect themselves and their families. If you’re facing domestic violence, consult a family law attorney immediately to understand your legal options.
How Do I Find a Good Family Law Attorney Near Me?
To find a good family law attorney near you, start by researching law firms with strong reputations in family law. Look for reviews, attorney ratings, and testimonials from previous clients. Schedule consultations with potential attorneys to discuss your case, experience, and fees. Choosing an attorney who is experienced, compassionate, and communicative is key to a successful legal outcome.
A prenuptial agreement is a legal document created before marriage that outlines how assets and debts will be divided if the marriage ends. A postnuptial agreement is similar but created after marriage. These agreements can protect assets, clarify financial responsibilities, and reduce conflict during a divorce. If you want to safeguard your assets, consult with a family law attorney to draft a legally sound agreement.
Yes, you can request modifications to child support or custody agreements if there has been a significant change in circumstances, such as a job loss, relocation, or changes in the child’s needs. A family law attorney can assist in filing for modifications and presenting evidence to the court that supports the change.
In Colorado, property is divided equitably, meaning fairly but not necessarily equally. Marital assets, such as homes, vehicles, and retirement accounts, are subject to division, while separate property (such as assets owned before the marriage) typically remains with the original owner. A divorce attorney helps ensure a fair division of property.
What is a Legal Separation, and How is it Different from Divorce?
Legal separation allows couples to live apart and divide assets, debts, and parenting responsibilities without officially ending the marriage. Unlike divorce, legal separation doesn’t dissolve the marriage, meaning spouses remain legally married but live independently. Legal separation is often chosen for religious or financial reasons. Both options benefit from the help of a family lawyer to navigate the process.
Annulment is a legal process that declares a marriage null and void, as if it never legally existed. Unlike divorce, which ends a valid marriage, annulment treats the marriage as though it was never valid from the start. In Colorado, grounds for annulment include fraud, bigamy, underage marriage, or lack of consent. If you’re considering an annulment in Colorado, it’s essential to consult with a family law attorney to understand your legal options.
What is Common Law Marriage?
Common law marriage is a legally recognized union without a marriage license. In Colorado, couples may be considered married if present themselves as a married couple and have the intent to be married. However, proving a common law marriage can be complicated, especially during divorce or custody disputes. An experienced family law attorney can help you navigate the complexities of common law marriage in Colorado.
Who takes on the marital debt?
In Colorado, marital debt is typically divided equitably between both spouses during a divorce. This includes credit card debt, mortgages, loans, and other financial obligations incurred during the marriage. However, “equitable” doesn’t necessarily mean “equal.” The court considers factors such as each spouse’s financial situation and contribution to the debt. A skilled divorce attorney can help ensure a fair distribution of marital debt.
What is the difference between Legal Separation and divorce?
Legal separation and divorce both involve legally addressing the end of a marital relationship, but with key differences. In a legal separation, the couple remains legally married but lives separately and divides assets, debts, and parenting responsibilities. Divorce, on the other hand, legally dissolves the marriage. Both options offer solutions for dividing property, spousal support, and child custody, but divorce permanently ends the marital status. Consult a family law attorney to determine which option is best for your situation.
Colorado is a “No-Fault” divorce state. What does that mean?
A “no-fault” divorce in Colorado means that neither spouse needs to prove wrongdoing or fault, such as adultery or abandonment, to file for divorce. The only requirement is that the marriage is “irretrievably broken,” meaning there is no chance for reconciliation. This simplifies the divorce process, allowing couples to end their marriage without assigning blame.
What Happens in a Child Custody Case?
In a child custody case, the court determines decision-making and parenting time. The court prioritizes the child’s best interests, considering factors such as each parent’s ability to care for the child, the child’s relationship with each parent, and stability. A family law attorney helps present your case, negotiate terms, and ensure a favorable custody arrangement.
In Colorado, spousal support, or alimony, is awarded based on factors like the length of the marriage, each spouse’s financial situation, and their ability to earn income. The process typically begins during divorce proceedings, where your attorney will help gather financial information and present a case for fair support.
What Are the Grounds for Divorce in Colorado?
Colorado is a “no-fault” divorce state, meaning the only grounds for divorce is that the marriage is “irretrievably broken.” You don’t need to prove infidelity or wrongdoing to file for divorce. This simplifies the process, allowing couples to end their marriage without assigning blame. If you’re considering divorce in Colorado, it’s best to consult a family law attorney to understand your rights and options.
Yes, a family lawyer is crucial in child custody cases. They help clients negotiate custody arrangements, represent their interests in court, and ensure that the custody agreement prioritizes the child’s best interests. A family lawyer can also assist with modifying existing custody orders if circumstances change.
How Long Does a Divorce Take in Colorado?
In Colorado, the minimum waiting period for a divorce is 91 days from the filing date. However, the actual length of time can vary based on the complexity of the case, level of cooperation between spouses, and court availability. Contested divorces, which involve disputes over issues like child custody or asset division, can take several months to over a year to finalize.
What Questions Should I Ask a Family Law Attorney?
When meeting with a family law attorney, consider asking: – What is your experience with cases like mine? – How do you charge for your services? – What is the expected timeline for my case? – What is your strategy for resolving my legal issue? – How will you communicate with me throughout the case? These questions will help you determine if the attorney is a good fit for your needs.
Yes, hiring a family lawyer for divorce is highly recommended. Divorce involves complex issues like asset division, child custody, and spousal support, which can be difficult to navigate without legal expertise. A family lawyer will protect your rights, ensure the process is handled correctly, and help you achieve the best possible outcome for your future.
How Much Does a Family Law Attorney Cost?
The cost of a family law attorney varies based on factors such as case complexity, location, and the attorney’s experience. In Colorado, family law attorneys typically charge between $250 and $500 per hour. Many law firms offer consultations to help you understand the potential costs for your case. It’s important to choose an attorney who provides transparent pricing and payment options.
A family law attorney specializes in legal matters related to family relationships, including divorce, child custody, parenting disputes, parental relocation, marital agreement drafting, adoption, and domestic violence. They help clients navigate complex legal processes, ensuring their rights are protected and achieving fair outcomes for all parties involved. Whether you’re going through a divorce, fighting for custody, or drafting a prenuptial agreement, a family law attorney is essential to guide you through every step.
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