Divorce & Family Law Summary
U.S. Divorce Laws are enacted by each state using their respective legislative process. Once legislation is enacted into law, the divorce courts in Colorado have the authority to manage the divorce proceedings, including spousal support and child support payments, custodial rights of parents, and the division of community property.
Since state laws are repealed and amended frequently, it is always advisable to consult with an experienced divorce lawyer before making important decisions about your marriage.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process for a deeper and more realistic understanding of the challenges you’re likely to face.
GROUNDS FOR DIVORCE NO-FAULT
The only grounds for the dissolution of marriage is that the marriage is irretrievably broken.
LEGAL SEPARATION
If a party requests a legal separation instead of a dissolution of marriage, and the other party doesn’t object, the court will grant a legal separation. A separation agreement can contain provisions for the maintenance of either spouse, the division of any property, and requirements for parental responsibilities, support, and parenting time of their children.
SPECIAL PROCEDURES
The court may appoint an attorney to represent the child’s best interests at the request of either parent or upon its motion concerning the child’s custody, allocation of parental responsibilities and rights, and any other issues related to the child.
RESIDENCY REQUIREMENTS
To file for a dissolution of marriage in Colorado, one party must be a resident of the state for at least 90 days before filing. The petition for dissolution of marriage may be filed where either party resides.
MEDIATION OR COUNSELING
A court may order a parent whose child is under eighteen years of age to attend a unique program designed to provide education concerning the impact of separation and divorce on children.
PROPERTY DIVISION
Colorado is an equitable distribution state, meaning that if the parties can’t agree, the property will be distributed in an equitable fashion, not necessarily equally. When dividing the marital estate, the court will base its decisions on the following factors:
- The contribution of each spouse to the marital estate, including the contributions as a homemaker.
- The value of a property is set apart for each spouse.
- The desirability of awarding the family home to the custodial parent, as well as the economic circumstances of each spouse.
- Any depletion of separate property for marital purposes or any increases in the value of the spouse’s separate property during the marriage.
Separate property not subject to division includes inheritances, property owned before the marriage, gifts, property acquired after legal separation, and property excluded by a valid agreement.
ALIMONY & MAINTENANCE
Spousal maintenance may be awarded on a temporary or permanent basis to either spouse. When the parties’ combined annual gross income is less than seventy-five thousand dollars and quick support is requested during a legal separation or the dissolution of marriage, the court may apply a presumptive formula to determine the level of maintenance.
The monthly amount of temporary care shall equal forty percent of the higher-income party’s monthly adjusted gross income, less fifty percent of the lower-income party’s monthly adjusted gross income. In determining the level of support to be paid after the dissolution of marriage, the court will consider the following factors when choosing the level of support:
- The duration of the marriage;
- The standard of living established during the marriage;
- The financial resources of the spouse seeking support, including marital property received in the divorce settlement and the party’s ability to meet their needs independently;
- The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
- The age and the physical and emotional condition of the spouse seeking maintenance; and the spouse’s ability from whom care is aimed to meet their needs while meeting those of the spouse seeking maintenance.
SPOUSE’S LEGAL NAME
Even though Colorado doesn’t specifically address the matter of changing your name during proceedings for the dissolution of marriage, there is a section on the Petition for Dissolution of Marriage where you can request that your name be restored to the last name. To change your name to something other than the previous name, you must petition to that effect, verified by affidavit, to the district or county court in the county where you reside, including your full name, the desired name, and a concise statement of the reason for the name change. The petitioner is required to submit a fingerprint-based criminal history record check within ninety days before the date of the filing of the petition.
CHILD CUSTODY
Custody may be awarded to either parent based on the best interest of the child and shall consider all relevant factors, including:
1. The wishes of the parents concerning parenting time;
2. The wishes of the child, if sufficiently mature to express reasoned preferences concerning the parenting arrangement;
3. The relationship of the child with their parents, siblings, and any other person who may significantly affect the child’s best interests;
4. The child’s adjustment to their home, school, and community;
5. The mental and physical health of all individuals involved;
6. The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent;
7. Whether the past pattern of involvement of the parents with the child reflects a system of values, time commitment, and mutual support;
8. The physical distance of the parties to each other as this relates to the practical considerations of parenting time;
9. Evidence of spousal abuse, child abuse, or neglect by either parent;
10. The ability of each parent to place the needs of the child ahead of their own needs.
CHILD SUPPORT
Colorado uses the “Income Shares” model to determine child support. This method bases the level of reliance on the combined income of both parents. You can use the worksheets available at the Colorado Judicial Branch Child Support Guidelines to determine the level of support. Child support may continue until a child becomes emancipated, graduates from high school, or continues beyond the age of nineteen if the child is mentally or physically disabled. Support for the post-secondary education of the child may be ordered on both parents.
SAME-SEX DIVORCE
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges
