- Do I have to live in Colorado to be divorced there?
At least one of the parties must have resided in Colorado for
90 days prior to filing for divorce in Colorado.
- How long does it take to get divorced?
If the parties can agree to all of the issues (parental responsibilities
for minor children, child support, spousal maintenance and division
of marital property in debts) in a Separation Agreement, then the
Court may enter a final Decree of Dissolution of Marriage after
90 days after lapsed since the date of service of the Petition on
the other party, or the filing of a joint Petition. If any of the
issues are "contested" (the other party disagrees with
what you are asking), then it will be several months or longer before
the Court will hold a hearing on the disputed issues and issue a
final Decree.
- Do we have to go to Court?
If the matter is contested, or any of the issues are in dispute,
the obviously BOTH parties must appear in Court at a hearing. If
the parties are able to agree on all of the issues in a Separation
Agreement and either both represented by an attorney or
if there are no minor children of the marriage, then, " usually,
you can get divorced without either party being required to appear
in Court. In that instance, the parties can simply file the Separation
Agreement with the Court along with an Affidavit for Decree Without
Appearance of the Parties asking the Court to enter a final Decree
without either party having to appear. However, if there is a Separation
Agreement and only one party is represented by an attorney or
if there are minor children involved, then at least one party (and
preferably both) must appear at a very short hearing before the
Court before a final Decree can be entered.
- What if my spouse says he/she won't "give" me a divorce?
Colorado is a "no fault" state. The only requirement
for there to be a divorce is that the marriage is irretrievably
broken (based on the testimony of only one party). There is no need
to prove that anyone is at fault, nor are there any defenses to
a divorce in Colorado. A person filing for divorce will generally
have to take additional steps and time if the other party contests
the divorce, but will eventually get their divorce. However, the
large majority of all divorces in Colorado are not contested.
- What is a Process Server? Do I need one?
A Process Server serves or delivers the legal documents to the
Respondent and then files a "Proof of Service" with the
court, certifying that the other party has been properly noticed.
This method does not require the cooperation or signature of the
other party. However, if the other party chooses to cooperate, you
may file a joint Petition for Dissolution of Marriage in this state,
or the other party may sign a Waiver and Acceptance of Service of
Process.
- Do I need an attorney?
Colorado law allows for participants in civil cases to represent
themselves.
- How is Child Support Determined?
Child Support is generally determined by the Colorado Child Support
Guidelines. The Dissolution of Marriage process involves both parties
completing a Financial Affidavit that includes among other things:
income of both parents, necessary expenses for the child(ren) such
as child-care, health insurance costs, etc., and the party's monthly
living expenses. The parties are also required to exchange pay stubs
or payroll information for the past three months of employment in
order to verify their income, as well as copies of federal and state
income tax returns for the past three years. The verified monthly
income of the parties, and the necessary expenses of the children
are plugged into a spreadsheet to determine the amount of child
support to be paid by the parent(s). Finally, in instances where
the parents will each be spending at least 25% of the "overnights"
with the minor child(ren) per year, then there is an adjustment
made for the amount of time the children spend with each parent.
- How is child support paid?
Child support may is paid directly to the other party or through
the Child Support Registry, and whenever possible, by wage assignment.
However, monies paid directly to one parent by the other may later
be considered "gifts" and not credited towards child support
owed. Therefore, the use of the CSR is recommended.
- How is child support raised/lowered?
Either party may file for a modification when the circumstances
of the parties would result in an increase or decrease of the child
support amount by at least 10%. Many people modify child support
up and down many times in the course of raising the children.
- MY EX DOES NOT LET ME SEE MY CHILD. DO I STILL HAVE TO PAY?
Yes, the two are not related. Once you've been ordered to pay
support you cannot discontinue just because the ex-spouse is withholding
your child from you. There are other legal avenues to take when
parenting time becomes an issue. It is important to keep your child
support current.
- WHEN DOMESTIC VIOLENCE IS INVOLVED, WHAT SHOULD BE DONE?
The victim should retreat to a safe place. Immediate police assistance
should be requested when needed. Local law enforcement personnel,
city and district attorneys may be very helpful not only in prosecuting
the crime, but also in providing referrals to other local assistance
( ie. shelters, safe houses, counseling, and legal assistance).
A victim should never try to do it alone. Outside help and support
from others is essential. The typical abuser has a very dominant
and aggressive personality that is both manipulative and controlling.
Whatever your background, a victim of Domestic Violence should not
back away from getting help. Domestic violence does not discriminate
and affects every social class. If you or someone you know has been
abused or is a victim of domestic violence it is essential that
help be sought.
- How much does a Dissolution of Marriage cost?
The cost varies, depending on: how reasonable you and your spouse
are in your demands. Naturally, it's easier and less costly to obtain
a settlement that all parties consider reasonable. Whether there
are children, disputed property, or other disputed issues are other
factors affecting the cost of a divorce. Certain fees are set by
the court. Currently, it costs $99 to file a Petition for Dissolution
of Marriage.
Ask questions!
I would be happy to answer any specific questions
that you may have. Please e-mail questions to: zehfusslawfirm@yahoo.com
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