Common Questions About Divorce And Family Law Matters
Marriage does not always work out the way you planned. Divorce and other family matters can be a complex and emotional process, and it’s natural to have a lot of questions about it. Often it comes with complex issues such as child custody, parenting time and asset division. As you look at moving forward from the challenges of dissolving a marriage or separating, it is essential to learn about the process and the path ahead.
What Are The Grounds For Divorce In Colorado?
Colorado is a no-fault divorce state, meaning you do not need to prove fault or wrongdoing to obtain a divorce. You only need to allege that the marriage is irretrievably broken.
How Long Does It Take To Get A Divorce In Colorado?
The timeline for a divorce in Colorado can vary depending upon the complexity of the case and whether or not the parties can agree on the terms of the divorce. Generally, it takes at least 90 days from filing for divorce until it is finalized.
How Is Property Divided In A Divorce In Colorado?
Colorado is an equitable distribution state, meaning that the court will divide the marital property fairly and equitably, but not necessarily in an equal 50/50 split. The court will consider several factors, including the length of the marriage, each party’s financial situation and the contribution of each party to the marriage.
What Is Considered Marital Property In Colorado?
Except for inherited property, marital property is any property or assets acquired by either spouse during the marriage, regardless of who owns the property or whose name is on the title.
What Is Considered Separate Property In Colorado?
Separate property is the property that one spouse owned before the marriage or property that one spouse acquired during the marriage by gift or inheritance.
How Is Child Custody Determined In Colorado?
Child custody is determined based on the best interests of the child. The court will consider a number of factors, including the child’s relationship with each parent, each parent’s ability to provide for the child’s needs and the child’s preference (if the child is old enough to express a preference).
What Is The Difference Between Legal Custody And Physical Custody?
Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, medical care and religious upbringing. Physical custody refers to where the child lives on a day-to-day basis.
Can A Child’s Custody Arrangement Be Modified?
Yes, a child’s custody arrangement can be modified if there has been a significant change in circumstances, such as a parent moving out of state or a change in the child’s needs.
What Is Parenting Time?
Parenting time refers to the time that a parent spends with the child.
What Is Visitation?
Visitation is a term that is sometimes used interchangeably with parenting time. It generally refers to the time that the non-primary parent spends with the child.
Can Parenting Time Be Restricted?
Yes, a court can restrict or limit a parent’s parenting time if it is determined that the child is in imminent physical or emotional danger.
How Is Child Support Calculated In Colorado?
Child support is calculated based on several factors, including the income of both parents, the number of children and the parenting schedule.
How Long Does Child Support Last?
Child support typically lasts until the child turns 19 or until the child graduates from high school, whichever occurs later. However, child support can continue past this age if the child has special needs.
Can Child Support Be Modified?
Yes, child support can be modified if there has been a significant change in circumstances, such as a change in income or a change in the parenting schedule.
What Is Spousal Maintenance?
Spousal maintenance (also known as alimony) is financial support paid by one spouse to the other after a divorce.
How Is Spousal Maintenance Determined In Colorado?
Spousal maintenance is determined based on a number of factors, including the length of the marriage, each spouse’s financial situation and each spouse’s earning potential.
How Long Does Spousal Maintenance Last?
The duration of spousal maintenance in Colorado depends on a number of factors, including the length of the marriage and each spouse’s financial situation. In some cases, spousal maintenance may be permanent, but more commonly, it is awarded for a specific duration.
What Is A Marital Agreement?
A marital agreement (also known as a prenuptial agreement or a postnuptial agreement) is a legal contract entered into by two individuals that outlines the future property and asset division in the event of a divorce.
Are Marital Agreements Enforceable In Colorado?
Yes, marital agreements are enforceable in Colorado as long as they meet specific legal requirements, such as being in writing and signed by both parties.
Can A Marital Agreement Be Challenged In Court?
Yes, a marital agreement can be challenged in court if it was entered into under duress or if one party did not fully disclose their assets or income when it was signed.
Get More Answers
There are many nuances that come with family law matters. Getting the answers you need requires working with a skilled family law attorney who understands the complexities of divorce. At The Law Offices of Rodger C. Daley and Associates, we have over 30 years of experience to guide you through your situation. To make an appointment in our Denver office, contact us online or call 720-773-5708.