Divorce FAQ
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How does Divorce work?
How does the Divorce Process work?
How Long does it take to get Divorced?
Can I File for Divorce Myself?
What is Ghost Writing?
Protecting your Children?
How are the Assets Divided?
Can I keep my own property?
Parenting Time/Custody?
Child Support and Alimony?
I don't want a Divorce but my Spouse does?
I make more money than my Spouse, is that an issue?
Modifying Child Support?
Grand-Parent Visitation?
What is "No-Fault Divorce"?
What is Community Property?
How does Divorce work?
The issues in almost all divorces are 1) Equitable separation of the marital property, 2) Awarding maintenance/alimony 3) Parenting time (i.e. custody), and 4) Child support. Colorado has done a good job at trying to make divorce as painless as possible. There have been many changes to the laws throughout the years, all with the goal of facilitating the ease of divorce for all of the parties. If the parties cannot agree based on what they are required to disclose then they have the option to proceed to alternative dispute resolution or to trial.
How does the Divorce Process work?
In a nutshell, once the case is filed and the court obtains jurisdiction, the parties are required to exchange certain financial documents. The point being that Colorado wants to make divorce less contentious as it has been in the past and try to facilitate settlement were available. The idea is that everything will be disclosed and there will be no need to bring it to trial. Usually a party can get temporary orders to provide for such things as child support and other miscellaneous issues which may arise. A great deal of cases will then settle. Sometimes experts are brought in to discuss issues such as employment and the best interests of the children. If a case doesn't settle and the parties can't reach an agreement, then the court will decide for you at Permanent Orders.
How Long does it take to get Divorced?
At least 90 days. Assuming that you are going to have a no issue divorce, you and your spouse agree on absolutely everything, the court will grant you a decree of dissolution and any other orders necessary on or about day 91. In the rest of the cases, the duration of the divorce depends on a number of factors including the county you live in, if settlement or mediation is feasible, or if you need to take it to trial. Some are done in months, some take years.
Can I File for Divorce Myself?
Yes you can. Though we would never advise anyone to take legal actions without an attorney. The Courts however do understand that sometimes legal fees are prohibitive and you cannot afford counsel. Though remember, there is case law which holds individuals who choose to represent themselves to the same standard as attorneys. Just be careful and do your research in advance. At Cohen & Cohen, P.C., we offer a service called "Ghost Writing" to help people who cannot afford an attorney.
What is Ghost Writing?
Colorado has recognized that it can be expensive to hire a lawyer. Therefore, the state courts have altered the ethics rules and allow attorneys to ghost write, or otherwise draft pleadings and provide advice to a client, without actually becoming their attorney. At Cohen & Cohen, P.C., we will help you "ghost write" your pleadings, provide you with guidance and procedural advice, and provided limited help in settlement negotiations. The benefit to the client is that they feel better about proceeding without an attorney (i.e. pro se) and are able to have documents which are correct and appropriate for their situation. The downside is that you don't have a lawyer and you still have to do everything yourself and risk making a mistake that would have otherwise been avoided if you hired an attorney.
Protecting your Children?
You have an ethical duty to protect your children. If your children (or even grandchildren)are being taken advantage of by your spouse, former spouse, or guardian then you need to act to protect them. Generally, if this is an issue, the court will appoint a Child & Family Investigator (CFI) or an evaluator to make recommendations and findings about what is really going on with the kids. The court is not obligated to agree with the CFI, but is usually does so in some fashion or another.
How are the Assets Divided?
In as equitable a manner as possible. There is no set plan or formula for division of property and a number of factors are considered when splitting up the marital estate.
Can I keep my own property?
It depends on what you consider your "own property." Certain property is considered separate property and won't be included in the marital division of property. But be careful, even if you have property that is separate property, the amount which represents the increase in its respective value during the marriage is now marital property and subject to division.
Parenting Time/Custody?
There is no easy answer to this issue.. Though it is important to note that there is a presumption in favor of not restricting a parents time his or her minor children. Though that rule most certainly has exceptions, especially if one parent has been convicted of child abuse.
Child Support and Alimony?
Child support is fairly cut and dry. It is a complicated mathematical formula which calculates off of a sliding scale that is based on the parties' respective incomes and other factors including overnights. The Court is permitted to deviate from the formula under certain circumstances. Alimony (now called Maintenance) is much more tricky. If this applies in your case you will need an attorney from Cohen & Cohen P.C. to help represent your interests as getting an appropriate amount of alimony is almost as much good lawyering as it is law.
I don't want a Divorce but my Spouse does?
In Colorado, if one person is determined to get a divorce, then the other person has no choice. It is a myth that papers have to be signed by husband and wife before the divorce can be filed. However, our philosophy is absolutely try to work things out before you get a divorce. Go to a counselor. Talk to your friends and family. Remember, divorce is difficult on people. Plus, it is even harder for your children. However, if you cannot make it work then sometimes it is best to just get out, do the best you can for your kids and yourself, and start over.
I make more money than my Spouse, is that an issue?
Maybe. It will certainly impact the Child Support calculation. It might also impact maintenance (formerly known as alimony) and how debt or property is going to be divided.
Modifying Child Support?
Generally the rule is that if there will be a 10% difference in the child support, either way, then it can be modified. This is done after comparing the parties' respective incomes and doing the calculation. Colorado has taken great care in making sure the children are financially cared for while taking into consideration the payee's income.
Grand-Parent Visitation?
Colorado has recognized the rights of grandparents in regards to visitation for their grandchildren. This test is typically fact driven and might require a great deal of scrutiny and is not always successful. You should contact an attorney at Cohen & Cohen, P.C., so that we can assess your facts and determine if you have a case or a good defense.
What is "No-Fault Divorce"?
Colorado is a no-fault state, like most other states in the union. Legally, this means that there does not have to be a "fault" of one person to get a divorce. Practically what this means is that you can get divorced for any reason and that the court doesn't care what your spouse did to precipitate the divorce (e.g., adultery).
Community Property:
Colorado is not a community property state. Some states have determined that all of the property in the marriage is community and will be divided 50/50. Colorado takes the equitable approach in that a variety of factors can be considered by the court when determining how to fairly split the property.
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