F.A.Q.

Caroline C. Cooley LLC is a law firm that specializes in family matter and cases relating to divorce, pre-nuptial agreements, custody, restraining orders, maintenance, child support, removal, and post-decree matters. Our firm is often asked certain questions relating to these issues, and for our clients’ benefit, we’ve listed below the answers to these questions.

If you require further information or would like to schedule a consultation, contact our offices.

THE MOST COMMON QUESTIONS ASKED ABOUT DIVORCE

1. HOW DOES THE DIVORCE PROCESS START?

One of the parties must live in Colorado for at least 90 days immediately prior to filing the dissolution of marriage action. You can start the process if you live in another state so long as your spouse lives in Colorado and you are willing to submit to Colorado jurisdiction. 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, the documents must be served on the other spouse. This is called "service of process." A sheriff or process server will personally deliver the papers to a party who is not willing to sign a "acceptance and waiver of service" form. There is a cost for this service.

2. DOES IT MATTER WHOSE FAULT IT IS?

Colorado is a "no fault" state. What this means is that the judge 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. If a child is involved, a parent's behavior could be considered in determining parental responsibility arrangements if that behavior negatively affects the children or poses a threat to their physical and emotional well-being.

3. HOW LONG DOES A DIVORCE TAKE?

Everyone must wait at least 90 days after completion of "service" before they can be divorced. This only happens when the parties agree on all issues and do not require a contested hearing. Generally, for our clients it takes longer because outstanding issues need to be heard in front of a judge. Depending on the court docket where your case is pending, and the time needed to have the judge consider the issues will take a minimum of six months and could take as long as two years.

4. CAN I SELL MY HOUSE OR CHANGE HEALTH INSURANCE DURING THE DIVORCE?

As soon as a divorce is filed, an injunction automatically goes into effect for the protection of the parties and children. These orders cover both spouses. The injunction provides:

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 (including auto, health, and life).

If a party violates the injunction the court may enforce it with jail time, a fine or other appropriate penalties or sanctions such as attorney fees or making the other party whole in the Court’s final property division.

5. 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." Experts called Child and Family Investigators (CFI) or Parental Responsibility Evaluators (PRE) may be appointed to assist the court in investigating these issues. This involves an additional cost.

6. HOW DO I KNOW WHAT MY SPOUSE’S FINANCES ARE?

Colorado requires spouses in a divorce case to fully inform each other of financial circumstances. Spouses must exchange certain information automatically, such as tax returns, bank accounts, pay stubs, and insurance policies, 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.

7. AM I REQUIRED TO MEDIATE?

Most counties in Colorado require that the parties submit any unresolved issues to mediation prior to setting a hearing, 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.

8. HOW DO I WORK OUT FINANCES AND CUSTODY DURING THE DIVORCE?

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.

9. WHAT ARE THE COSTS ASSOCIATED WITH A DIVORCE?

There is a court-filing fee, service of process charges, and possibly, expert fees In addition to attorney's fees. Our firm handles divorce matters on an hourly basis billed in 1/10th hour increments (0.1). 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. Our firm collects a retainer, which is deposited into a COLTAF trust account and withdrawn from as the client is billed.

10. 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, and can be accomplished for a flat fee. 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).

11. DOES COLORADO RECOGNIZE COMMON LAW MARRIAGE?

Yes. In Colorado, you are legally married if you cohabitate and present yourselves to the public as husband and wife. There is no minimum time frame required to become married. Also, if you add your significant other to your health or automobile insurance policy, that is also enough to establish common law marriage.

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