Going through a divorce or custody dispute can be overwhelming. We often remind clients that it is a process, not an "event." Colorado uses specific terms to describe the various aspects of family law. Getting familiar with these terms is a good way to start and can assist you in navigating this oftentimes stressful event.
Marital Agreements
Pre-Marital And Post-Marital Agreements...
Parties may protect their assets and rights before marriage by entering into a pre-marital or prenuptial agreement. If parties desire to enter into such agreements after they are married, they can enter into a post-marital or postnuptial agreement. As long as certain formalities are followed and information is exchanged, these agreements are enforceable in Colorado.
Divorce vs. Legal Separation
Two Options...
In Colorado, parties wishing to dissolve their marriage may do so by obtaining a dissolution of marriage (divorce) or a legal separation. While there are some distinctions between a dissolution of marriage and legal separation, the process is the same for both options. Colorado also recognizes “common law” marriages. If a common law marriage exists, parties must obtain a dissolution of marriage to dissolve the common law marriage.
Generally, a case is started by filing a Petition of Dissolution of Marriage or a Petition for a Legal Separation.
Allocation of Parental Responsibilities
Children-Related Issues...
Colorado defines custody by using the term "allocation of parental responsibilities." This term encompasses parenting time and decision-making. Parenting time is the schedule for the children, including holidays and vacations. Decision-making involves how major decisions are made for the children. Parties who are married or unmarried may have parental responsibilities allocated. If paternity is an issue, it can be addressed with genetic testing.
The standard in Colorado is the best interests of the child, which involves several factors, including but not limited to:
- The parties' wishes
- A child’s wishes if the child is sufficiently mature to express an independent and reasoned position
- The child’s age
- Presence of any mental health, substance abuse or domestic violence issues
- Each parent’s ability to:
- Support the relationship between the child and the other parent
- Prioritize the child’s needs above their own
Various experts can assist when necessary in a case, such as therapists, parenting coaches or other court-appointed experts who help determine what is in the child’s best interest.
Any agreements the parties reach are put into a document, which is filed with the Court and becomes an Order of the Court. This document is usually referred to as a Parenting Plan.
Financial Support
Spousal and Child Support...
Spousal support or alimony is called maintenance in Colorado. Maintenance can be awarded if the requesting party meets certain criteria. Colorado has an advisory maintenance guideline for cases involving marriages between three and 20 years where the combined incomes between the parties are below a certain level.
Numerous factors are considered to determine the appropriate amount and term, including but not limited to:
- Both parties’ income or potential income if unemployed or underemployed
- Both parties’ financial resources
- Both parties’ ages
- Length of marriage
Child support is established when the parties have a child or children. As with maintenance, certain guidelines are used to calculate child support. In Colorado, certain expenses are shared in addition to child support, including uninsured medical expenses (such as co-pays and prescription costs) and mandatory school-related expenses. The costs for extracurricular activities can also be shared between parties.
Dividing Assets & Debts
What You Own and Owe...
At the beginning of a Dissolution of Marriage or Legal Separation case, the parties are required to exchange certain financial disclosures, including documents regarding taxes, financial accounts and debts.
Colorado distinguishes between marital property and separate property:
- Separate property is usually property that a party owned prior to the marriage or received it during the marriage by a gift or inheritance
- Marital property is typically property acquired during the marriage, including the increase in value of any separate property
In a dissolution of marriage or legal separation action, marital assets and debts must be divided equitably or fairly without regard to marital fault. However, the contribution to or dissipation of marital assets can be considered in certain circumstances. There are many ways to determine values, sometimes involving expert opinion. If a party has an interest in a business, an expert can be used to determine the value of the business. Similarly, if a party has an interest in a trust, a valuation may also be required. Each case is unique, depending on the facts and circumstances.
Should the parties reach any agreements concerning maintenance and the division of assets and debts, those agreements are usually contained in a document called a Separation Agreement. The Separation Agreement is filed with the Court and becomes a Court Order.
