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Serving the Community Since 1977 THE MOST COMMON QUESTIONS ASKED ABOUT DIVORCE 1. WHO CAN GET A DIVORCE? A person must live in Colorado for at least 90 days immediately prior to starting a divorce. You can start a divorce even though you live in another state if your spouse lives in Colorado and you are willing to submit to Colorado jurisdiction. 2. DOES IT MATTER WHOSE FAULT IT IS? In Colorado we have "no fault" divorce. The Court does not care why someone wants a divorce, only that the marriage is irretrievably broken. Fault is not to be considered as a factor for dividing the property and determining financial issues and support. When children are involved, a parent's behavior which affects the children may be considered in determining parental responsibility arrangements. 3. HOW DOES A DIVORCE START? A "Petition and Summons" are filed by one spouse or his or her attorneys, or both parties can file jointly. If the spouses do not file jointly, notice must be given to the other spouse. This is called "service of process." A sheriff or process server will deliver the papers to a party who is not willing to accept papers and sign a special "waiver of service" form. 4. HOW LONG DOES A DIVORCE TAKE? Everyone must wait at least 90 days after completion of "service" before they can be divorced. As a practical matter, it usually takes longer. If both parties agree to everything that must be decided, the court will usually approve an appropriate agreement between the parties as soon after the 90 days as the agreement is submitted. If the parties cannot reach an agreement, they must wait for a court date. Depending on the court docket where your case is pending, and the time needed to have the judge consider the questions left undecided, this may take as much as six months or longer. In situations where there are no children or where there are children and both parties are represented by legal counsel, a divorce may be finalized by submitting appropriate forms to the court by mail. The order of the court dissolving the marriage is called a "Decree of Dissolution of Marriage." 5. WHAT HAPPENS AUTOMATICALLY? As soon as a divorce is filed, special court orders automatically go into effect for the protection of the parties. These orders cover both spouses. The automatic orders are: 1) Children shall not be taken from the state for any reason without agreement of the parents or court order;
2) Each party shall not disturb or harass the other party; and
3) Property of the marriage shall not be hidden, destroyed, transferred, or borrowed against without consent, except in the usual course of business or for the necessities of life; and
4) Neither party can cancel any insurance coverage. Like any other court order, if this order is knowingly disregarded by a party, the court may enforce it with jail time, a fine or other appropriate penalties or sanctions. 6. WHAT ISSUES ARE DECIDED AS PART OF A DIVORCE? Property and debts of the marriage are divided. Maintenance, formerly known as alimony, to be paid by one spouse to the other is considered. Parental responsibilities, formerly referred to as custody, parenting time and child support are decided. Expenses of the divorce may also be allocated. The court order that specifies how these issues are decided is called "Permanent Orders." A final agreement reached by the parties is called a "Separation Agreement." 7. HOW DO YOU KNOW WHAT'S FAIR? Colorado requires spouses in a divorce case to fully inform each other of financial circumstances. Spouses must exchange certain information automatically, or they may use a legal process known as "discovery" to require each other to provide answers to questions and documents for review. The requirement to give complete information may be enforced by getting specific orders from the court. No financial agreement should be made until full disclosure is provided by each spouse. The court requires each spouse to complete a sworn statement of financial conditions before it will approve a financial agreement or determine appropriate orders in each case. This required statement is called an "Affidavit of Financial Affairs." Property of the marriage is to be divided "equitably." In most, but not all cases, this means equally. Parental responsibility and parenting time arrangements for children are to be established in their "best interests." Child support is almost always determined by using Colorado's Child Support Guidelines based upon the combined incomes of the parents and certain expenses such as health insurance and work and education related day care. The support and care of the children must be considered to be in the children's best interest by the court. The court encourages all parties to enter into their own agreements whenever possible. 8. HOW ARE PARENTAL RESPONSIBLITIES DETERMINED? Effective February 01,1999, the term "custody" was changed to "parental responsibilities". The Colorado Legislature has declared that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, the Legislature urges parents to share the rights and responsibilities of child rearing and to encourage the love, affection and contact between the children and the parents. The Court shall determine the allocation of parental responsibilities, including parenting time and decision making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child. In order to implement an order allocating parental responsibilities, both parties may submit a parenting plan for the Court's approval that shall address both parenting time and the allocation of decision-making responsibilities, if no plan is submitted or if the court does not approve a submitted parenting plan, the Court shall formulate a parenting plan that addresses parenting time and the allocation of decision-making responsibilities. 9. WHAT IS PARENTING TIME? Parenting time, formerly called "visitation", is the scheduled time each parent has with the children. Unless the children are harmed by contact with a parent, the children will have parenting time with both parents. 10. WHAT IS ALTERNATIVE DISPUTE RESOLUTION? Typically, the Court will require that the parties submit any unresolved issues to some form of Alternative Dispute Resolution ("ADR"). ADR can include mediation, which is not binding on the parties. The parties can also agree to submit any unresolved issues to binding arbitration (i.e., the decision of the arbitrator is binding on both parties). In complicated cases, the biggest advantage to using a form of ADR is it can save the parties time and expenses. 11. CAN THE PARTIES OBTAIN COURT ORDERS QUICKLY? Either party can ask for a "Temporary Orders Hearing." On a temporary basis, the court will decide such issues as: a) Who has temporary major parental responsibility of the minor children;
b) Payment of child support;
c) A parenting time schedule for the non-custodial parent;
d) Who resides in the family home until the divorce becomes final;
e) What bills each party is obligated to pay;
f) The division of personal property on a short term basis; and/or
g) Whether either party is entitled to receive maintenance or assistance with the payment of attorney fees. 12. WHAT ARE THE COSTS ASSOCIATED WITH A DIVORCE? There is a court-filing fee ($184), service of process charges (around $35) and attorney's fees. Our firm handles divorce matters on an hourly basis. The amount of attorney fees and related costs charged in a divorce case is a function of the issues involved, including the complexity of a case. For example, if parental responsibility becomes an issue, in most cases, an outside expert must be employed to help the court determine what's in the best interests of the children. Also, if there is a sizable estate to divide, this can add to the expense of a divorce. 13. WHAT ABOUT A "NON-CONTESTED" DIVORCE? The attorney fees and costs associated with a "non-contested" divorce can be considerably less than a fully contested divorce involving a sizeable estate. In a non-contested case, our attorneys will explain all of the "pros" and "cons" associated with your agreement. Once you are fully informed and understand all of your rights and obligations, we can reduce your agreement to writing, which will then become an order of the Court (i.e., a legal contract between you and your spouse). 14. HOW MUCH OF A DEPOSIT OR RETAINER DO I NEED TO START MY DIVORCE? At your first meeting with one of our attorneys, we will discuss your case in detail. We will also try and estimate the costs of your divorce, based on the information you share with us at that time. At this meeting, we will also advise you of the needed deposit or retainer to begin your case. Reasonable Rates – Payment Plans Available
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Garcia & Gonzales, P.C. A Family Law Firm Helping Families 12110 North Pecos Street, Suite 240
Westminster, CO 80234-2020
Phone: (303) 839-8888
Fax: (303) 860-1844 Located in Denver, Colorado, the attorneys of Garcia & Gonzales, P.C., serve clients throughout Adams, Jefferson, Arapahoe, Weld, Morgan, Larimer, Douglas, Boulder and Broomfield counties, including the communities of Denver, Aurora, Brighton, Golden, Littleton, Greeley, Fort Morgan, Fort Collins and Castle Rock. We are a debt relief agency. We help people file for bankrutpcy relief under the Bankruptcy Code.
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