Family Law / Divorce
In order to file for divorce in the State of Colorado, you must have a Colorado driver's license, and have been in the State of Colorado for more than 90 days before the case is actually filed. If you are in the military, you need to change your home of record to the State of Colorado by changing your LES to read that the State of legal residence is the State of Colorado.
Colorado is a no-fault divorce state. This means that the basis for divorce is a factual finding by the Court that the marriage is "irretrievably broken." Adultery, abandonment, drunkenness, or mental cruelty are not necessary to file for divorce. There are certain common costs to start a divorce action in the State of Colorado.
The cost for a divorce is dependent upon the complexity of the issues involved in the case and the attitudes of the parties. Emotions are high in a dissolution of marriage case and this can lead to fighting over virtually every issue, important or not. We will talk openly and honestly to you about the attorney's fees.
Any property you own will be divided equitably. Equitable means fair, not fifty-fifty. Fair is based upon negotiation between the parties. Fair to one person can easily be unfair to another. Who actually has the title to a given piece of property does not limit the Court's power to divide that property. Debts are also divisible by the Court.
Where there are children, child support must be determined and this is done using child support guidelines. Determination of child support should be accomplished early on in the case.
It is best if the parties can agree on who should have the children primarily and who should have visitation. For ideas and information on what might be in the children's best interest, consult your attorney on what the Court might do under their particular circumstances, Colorado law does not presume that the mother should be awarded custody of the minor children, however, the mother is often the person whose life is structured around child care responsibilities.
It is possible to get a temporary restraining order if one of the spouses has threatened or been overly aggressive with the other.