Colorado Family Law Resources

Men and fathers going through a Colorado divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s Colorado divorce lawyers focus on representing men during the divorce process, which gives them a better understanding of how the state’s laws affect them and their families.

We have created a library of resources to help you better understand Colorado’s divorce process, including father’s rights, child custody issues, and distribution of property.

• Boulder Father’s Rights
• Denver Father’s Rights
• Colorado Springs Father’s Rights
• Colorado Child Custody Questions
• Colorado Divorce Laws – Division of Property

Colorado Divorce Process

If you reside in Colorado, you should contact a Colorado divorce lawyer for legal advice. While you can file your own divorce, we do not recommend it, especially if you have minor children and property or you own a business. The process to file for a dissolution of marriage (divorce) in Colorado includes:

• File the initial petition for divorce. (Note: the petition must be either hand delivered to your local county courthouse or it can be filed electronically, which is the preferred method. For more information on setting up an e-file account, please visit https://www.coloradojudicial.gov/e-filing-non-attorneys.)
• Serve your spouse personally with the with divorce papers if the divorce is contested.
• Once your spouse has been served, submit proof of service to the court.
• Review all documents you receive from the court, including information regarding parenting classes and the date for your initial status conference.
• Attend the initial status conference, which is held either via phone or WebEx.
• Be sure to comply with all deadlines established by the court during the Initial Status Conference, such as the deadline to submit proof of completion of the parenting class and Sworn Financial Statement.
• Attend mediation for contested issues. If you settle the case, the mediator will prepare an agreement called a Memorandum of Understanding which summarizes the terms of your divorce which you and your spouse agreed upon during mediation.
• If you do not settle your case at mediation or only settle some but not all of the issues which are pertinent to your divorce, you will need to complete the rest of the divorce forms, including the financial statement, separation agreement, decree, parenting plan, support order, child support worksheet, and pretrial statement.
• Attend the final divorce hearing if you cannot come to an agreement on the economic issues related to your divorce, such as equitable distribution and spousal maintenance, or child custody and parenting time related issues.
• If you proceed to a contested hearing, the judge will issue Final or Permanent Orders at the conclusion of the trial which will determine the allocation of the marital estate, establish your financial obligations to your former spouse, and address custody and parenting time related issues.
• Review all support orders and the final decree from the court.

Related Article: What to Know When Filing for Divorce

Colorado Residency Requirements

In Colorado, you must have been a resident of the state for 91 days prior to filing for divorce. You can file on the 92nd day. However, if you have minor children, the children must have lived in Colorado for at least 182 days before you can file for divorce.

In addition to residency requirements, you must file in the correct county, known as venue. If you and your spouse live in the same county, file in that county. If you are separated and your spouse lives in another county, for a divorce without children, you can file for divorce in either the county where you or your spouse (the respondent) resides. If your divorce involves children and you and your spouse are separated, you must file for divorce in the county where your children reside.

Related Article: What Is The Residency Requirement For Filing For Divorce?

Grounds for Divorce in Colorado

Colorado is considered a “no-fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Colorado, the courts can enter a divorce decree (referred to as a decree of dissolution) upon showing that:

• One of the parties has lived in the state for 91 days prior to the commencement of the proceedings
• The marriage is irretrievably broken
• At least 91 days have elapsed since the court acquired jurisdiction over the other party either as a result of proof of the personal service of the dissolution petition or by the other party waiving formalized service of process and entering an appearance.

Related Article: The No-Fault/Fault-Based Divorce Debate

Colorado Property Distribution Process

Colorado is an equitable distribution state, which means property is equitably – not equally – divided between the spouses. Depending on the circumstances in acquiring property, it can be deemed marital property or non-marital property. In most cases, property you acquired during the marriage is marital property. However, in some cases, property you acquired prior to the marriage can become marital property.

If you can’t come to an agreement on property division, the court will divide the property for you. The court will evaluate several factors in deciding how to divide property, including but not limited to, each party’s contribution to the marital estate, length of the marriage, property value, economic circumstances of the parties, and the value of non-marital property, such as gifts, inheritances, and other property the court deems non-marital.

Related Article: Divorce Tips For Men: What To Do With The House?

Colorado Child Custody Laws

Colorado now uses the term “parental responsibilities” for the two types of child custody: Legal custody and physical custody. The parent who has legal custody has decision-making responsibility. The other term you will see is “parenting time,” which is a combination of legal and physical custody. In the event the court does not award shared custody or you and your spouse do not agree to a shared custody arrangement, this term also includes a parenting time schedule for the non-custodial parent.

In custody cases, the court will order joint decision-making responsibility except in cases where child abuse or neglect is involved or when it is otherwise not in the best interests of the children. In cases involving domestic violence, the court routinely will award the domestic violence victim sole decision making. Otherwise, the court can give each parent authority over certain issues or give both parents joint authority on all issues, such as the child’s education, religious upbringing, and optional medical care. However, if the child has a medical emergency, the parent exercising parenting time can obtain the necessary medical treatment without violating the order.

Courts also prefer that both parents have parenting time. If a parent has fewer than 90 overnight visits with a child, that parent is referred to as the non-custodial parent and the other parent is considered to have primary parental responsibility. If both parents have relatively equal overnights, you have joint parental responsibility. However, only one parent is considered as the custodial parent for issues such as school enrollment.

With joint decision making, both parents have the right to full and complete access to information about their children, including mental, medical, school, and dental records, unless the court orders otherwise.

If you agree on parenting time and parental rights, you should set forth with specificity the agreed upon custody and parenting time arrangement in a parenting plan so the court can include it in an order. Coming to an agreement regarding the minor children can save time and money, including the expense of a trial, assuming you agree on all other aspects of the divorce. Keep in mind that you and your spouse know your children and family dynamic better than anyone else. It is highly recommended that you and your spouse resolve custody and parenting time related issues as opposed to leaving these decisions up to the judge.

Related Article: What To Know About Child Custody

Colorado Child Support

Colorado uses two methods to determine child support. If the overnights with either parent amounts to less than 93 overnights per year, then the child support is calculated using the State’s Worksheet A, which is considered the Sole Custody Arrangement worksheet. The second method is used if the parents have shared parenting time at which point the child support is calculated using Worksheet B. The steps to determine child support include:

• Determine both parents’ adjusted gross income (AGI).
• Add the two AGIs.
• Divide each parent’s AGI by the total AGI of both parents. This is the percent share each parent is responsible for.
• Locate the number of children based on the combined AGI on the child support guidelines.
• Compute adjustments, such as insurance premiums paid for the children and out-of-pocket medical expenses.
• Add the totals for the adjustments and compute each parent’s fair share based on the above-figured percentages.
• Add the adjustments and the basic obligation for the total amount of child support payments contributed monthly.

On the child support worksheet for shared parental responsibility, you must also figure out the number of overnights with each parent and the support obligation for time with the other parent to determine the monthly child support contribution by each parent. A Colorado child support lawyer can help determine child support based on your parenting plan and the State of Colorado’s child support guidelines.

Related Article: What Does Child Support Actually Cover?

Colorado Spousal Maintenance

Colorado state laws allow for spousal maintenance for the lower earning spouse, regardless of gender. Spousal support in Colorado is at the discretion of the court, though there are factors to help determine monthly spousal support payments.

Should you choose to waive spousal maintenance payments at the time of your divorce, you can’t return to court to ask for spousal support later. This is known as an irrevocable waiver, which means that regardless of your financial circumstances after the divorce, you are forever precluded from returning to court and asking the judge to award you spousal maintenance. Either spouse can ask for temporary maintenance during the pendency of the divorce proceedings. The court can order spousal support in the final divorce decree. If spousal support is awarded, the order will set forth the amount of spousal support as well as the length of time the paying spouse is required to pay spousal support.

Permanent support does not mean the court orders a spouse to pay forever – the court sets a duration for maintenance. Some of the factors a court must consider when determining an order for spousal maintenance include:

• Gross income of each party
• Marital property
• Financial resources available to each spouse
• Education and career history of each spouse
• Lifestyle during the marriage
• Each party’s age and health

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

When you choose a family lawyer at Cordell & Cordell for family legal services, you are partnering with attorneys who understand the challenges men face in family law matters. Our attorneys are dedicated to using our experience to provide personalized representation.

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Justice For Colorado Fathers & Husbands

Contact Cordell & Cordell for a consultation to receive guidance in protecting your rights in family law cases under Colorado law.