| 1.) How do I start my divorce? |
You must have resided within the state of Colorado for 90 days
prior to filing a divorce action. A divorce action is started through
the filing of a Summons and Petition for Dissolution of Marriage
with the Clerk of the Court in the County in which you reside. |
| 2.) What is the cost of filing my divorce? |
At the time the divorce action is filed with the Clerk of the Court, a filing fee of $186.00 must be paid. |
| 3.) What is the Automatic Restraining Order? |
As soon as the case is filed, an automatic restraining order or temporary injunction, goes into effect. That order states that the children of the marriage can not be removed from the state without the written permission of the other party or an order of the court. Additionally, each party is ordered not to harass the other party and finally, the property of the marriage cannot be transferred, sold, or hidden. |
| 4.) How long will it take to finalize my divorce? |
| In Colorado, a divorce action cannot be finalized until at least
90 days have passed from when the other party was served with a copy
of the Summons and Petition for Dissolution of Marriage. Once the 90 days have passed, your case can be scheduled for hearing. In cases in which the parties have reached an agreement on all outstanding issues, the hearing can usually be scheduled within 30 to 60 days of when the 90 waiting period has run. In cases in which there are contested issues to be decided by the court, a trial must be scheduled on the court's calendar. Depending on the amount of court time being requested for the trial, the date is usually scheduled within three (3) to six (6) months from when the 90 day waiting period has run. |
| 5.) How will the court decide the custody of children if the parents cannot agree? |
| The court will base its decision on the applicable law and the information
provided through testimony and evidence at the trial. If the parents
of the children are unable to agree on the living arrangements and
visitation schedule concerning their children, the court frequently
appoints a CFI. A CFI is an attorney or mental health professional with training and expertise in resolving custody and visitation issues. The CFI conducts an investigation and then makes recommendations on what arrangements they feel would be in the best interest of the children. The retainer fee for the CFI, usually about $2,000.00, is paid by the parents in amounts determined by the court based upon each parents income or earning potential. |
| 6.) How much will getting my divorce cost? |
| As indicated above, there is a filing fee of $186.00 to start the
court process. The other party must be served with a copy of the Summons
and Petition for Dissolution of Marriage. The fee for that service
is usually about $50.00. The cost of attorney services depends on the complexity of the issues involved in your case, whether the parties are able to reach an agreement on pending issues or if a trial will be necessary. Even uncomplicated divorce actions usually require a minimum of 10 hours of attorney time to complete, resulting in attorney fees of approximately $2000.00 in addition to costs. If there are contested issues to be presented to the court, such as custody disputes or financial disputes, additional attorney hours will be required to prepare the case for trial and to present the evidence to the court. Additional fees may be incurred for custody evaluations, appraisals of property, or vehicles and evaluations of retirement accounts. |
| 7.) How is child support determined? |
| Child support in Colorado is determined based upon a mathematical
formula developed and adopted by the Colorado Legislature. The key components used in determining the amount of child support to be paid include the gross monthly income of each parent, the cost of day care for the children, the cost of health insurance for the children, and the number of overnights the children spend in each parents home. |
| 8.) How does the court determine if one party should pay alimony or maintenance to the other party? |
| If one party to a marriage is unable to support themselves through
employment or the assets which they received as part of the property
settlement in the case, the court can award that party alimony or what
is now known as spousal maintenance. There are a number of factors considered by the court in awarding spousal maintenance. Some of the most significant factors include: |
1.) The financial resources of each party |