Learn More About Divorce: Get Answers to Your FAQs
Commonly Asked Questions About Divorce in Colorado
Below are some commonly asked questions about divorce. Please keep in mind that these are general informational answers only and should not be relied on as legal advice for your specific case or situation. To get divorce counsel, contact experienced attorney Brian Boal. He will consult with you about your individual circumstances and help you determine the best course of action for your divorce.
How long does it usually take to get a divorce in Colorado?
This depends in large part on how amicable or contentious the divorce is. In Colorado the earliest a divorce can be finalized by law is 91-days after the filing of the petition for dissolution of marriage. However, even amicable divorces typically take 4 to 6 months to finalize for a variety of reasons, including the size of the courts’ dockets and the requirements all divorcing spouses must fulfill before finalizing their divorce.
How much does it cost to get a divorce?
The cost of a divorce depends on many factors, including the complexity of the marital estate, issues surrounding minor children, the ability or inability of the parties to reach agreement on issues, and the number of matters in dispute that must be resolved by the judge. An amicable divorce where the parties are able to quickly reach an agreement as to all issues will almost always cost substantially less than a highly-contested divorce litigated over many months or years.
Is Colorado a separate property or community property state?
Colorado is a separate property state. This means that all assets and liabilities will be identified as either marital property or separate (nonmarital) property (in general this is typically property acquired by one spouse or the other before the marriage). Only marital property and debt are equitably divided and allocated between the divorcing spouses.
Is Colorado a no-fault state for divorce?
Yes, Colorado is a no-fault divorce state. This means that it generally does not matter to the court who is responsible for the marriage is ending or why the marriage is ending. An irretrievable breakdown of the marriage is the only grounds for divorce in Colorado.
Will I have to pay spousal maintenance (alimony)?
Whether or not spousal maintenance is awarded depends on several different statutory factors that the judge considers after hearing all of the evidence presented by each side. A spouse must make a request for spousal maintenance first before it is ever considered. Next the judge must decide whether to grant spousal maintenance and determine for how long spousal maintenance will be paid and in what amount. Not every spouse will end up receiving or paying spousal maintenance.
How is child custody determined?
The term “custody”, when used to describe the sharing of parental responsibilities between separated parents, is disfavored by courts. Rather, terms like parenting time and decision making are used by courts, attorneys, and other family court professionals to describe the parental rights commonly thought of as “custody”. The legal standard for determining how parenting responsibilities are shared is the best interests of the child. In a contested divorce proceeding, a judge will consider the admissible evidence presented by each side as well as a list of factors codified in section 14-10-124 of the Colorado Revised Statutes to decide issues of parenting time and decision-making responsibility.
It is always best to be represented by an attorney in legal proceedings involving your children. Call at 719-602-2262 to schedule a consultation with Colorado Springs divorce and custody attorney Brian Boal today.