Family Law is the area of law that deals with divorce, legal separation, parental rights and obligations with regard to children of the marriage, paternity, child support, and related matters.

Divorce is the term used when the courts legally dissolve a marriage, and enter orders concerning the allocation of the marital assets, child support, and parental rights and obligations, often referred to as child custody. The document dissolving a marriage is called a Decree of Dissolution.

Some typical questions that arise from clients regarding Divorce are:

What steps should I take before filing to protect myself?

If you are considering divorce, please contact us via phone or email to walk through the steps in pre-divorce planning. These steps can make sure you are fully prepared and protected so that your rights and obligations are clearly spelled out before going through divorce proceedings. For example, either party in a marriage could legally withdraw the entire amount in a joint account prior to filing; this would not be proper after filing.

How long does it take to obtain a divorce in Colorado?

The minimum time required for a decree of dissolution to be entered is 90 days from the time the Petition for Decree of Dissolution is served upon the Responding party. The divorce can be completed within that time frame if one party defaults (does not respond in the lawsuit) or the parties agree upon all of the issues. If the divorce is contested, and a trial is necessary, the divorce process will typically take a year or more. Like any litigation, a contested divorce can be settled at any time prior to hearing.

How do I know if an award of child support is fair?

Colorado has adopted a formulaic approach to child support, per 14-10-114, Colorado Revised Statutes (C.R.S.). Child support is essentially determined based upon the parties' respective gross incomes, the number of children, the number of overnight visits with the non-custodial parent, child care expenses, and some other factors. The Court can deviate from the guidelines under special circumstances.

Child support is always modifiable as the circumstances of the parties change.

How is property divided?

Property acquired during the marriage is presumed to be marital, that is, owned by each party equally. Property brought into the marriage can be considered separate, but if there is an indication that it was intended to become part of the marital estate, it can be determined to be marital property as well. At a minimum, any appreciation in value of separate property can be held to be marital property. Property acquired by one party during the marriage, such as an inheritance, can be determined to be individual property, but it must be kept segregated from marital property.

Property division is one part of the picture. The Court will generally start with a 50/50 split of assets, but can vary from that based upon maintenance (alimony) ordered, the relative incomes of the parties, who is the primary caretaker of the children, etc. Divorce is what is known as an “equitable” action; the Court is free to fashion a remedy so that the result is fair.

How are attorneys' fees apportioned in a divorce?

The Court has the authority to require one party to pay one or all of the other party's fees. The Court will look at the relative resources of the parties in making this determination.

Do the Colorado Courts award alimony or maintenance?

Maintenance, commonly known as alimony, can only be awarded where one spouse is unable to support him or herself with suitable employment. If a spouse can reasonably support him or herself, or receives sufficient property such that he or she can support him or herself through the income from the property, the statute states that that party is not entitled to maintenance. In practice, however, the Court will often grant maintenance for a period of time if there is an economic disparity between the parties. The period of maintenance tends to be proportional to the length of the marriage as well. If maintenance is a possibility, it is often desirable to settle the matter, as the parties can agree that the maintenance agreed upon can never be modified. If the Court orders maintenance, the award is modifiable in the future.

A helpful government website is concerning divorce is http://www.courts.state.co.us/chs/court/forms/domestic/domestic.html

Please contact the Law Office of Jeffrey L. Skovron, P.C. if you have questions about a Family Law matter