In Colorado, family law is a general term that refers to every case that relates to domestic affairs. Below you can find general information regarding family law in the State of Colorado. Keep in mind that every case is different. The information provided should only be used as a foundation for what to expect during different family law proceedings.
How long must I live in Colorado in order to file for divorce here?
You or your spouse must be a Colorado resident for at least 90 days before filing any documentation with the Courts.
What is the process of filing for divorce?
The person filing for divorce would file a petition, or official request for dissolution of marriage, with the Court. The person who files the petition is referred to as the “Petitioner” and their spouse is referred to as the “Respondent”. However, if a couple files together, they are referred to as “Co-petitioners”. Once the petition is filed, the Petitioner is responsible for giving formal notice to their spouse that they have filed for divorce. Once the Respondent has been served with the initial documents, they then have 20 days to file a response with the Court. (The Respondent may be given 30 days to respond if they are served outside of the State of Colorado.)
How long does a divorce take?
Once the initial documents are filed with Court and all other requirements are completed, there is a 90 day waiting period before Permanent Orders can be entered. Other requirements include, but are not limited to, a financial affidavit, child support worksheets, a parenting plan, property and debt division, a spousal support agreement, and an agreement on how to divide the costs of the divorce itself.
If my divorce is uncontested, can one attorney handle the case to save on costs?
One attorney should not represent both parties in a divorce. There are circumstances when only one party has retained counsel and the other is representing themselves Pro Se. However, the Pro Se party cannot receive legal advice from the attorney retained by their spouse.
Can I get temporary support while our case is pending?
Yes. You can file a request for a temporary orders hearing. Temporary orders can help keep matters stable until the divorce is final. The Court is able to order temporary child support, spousal support, allocation of parental responsibilities, parenting time, along with financial and property planning.
How is child custody determined?
The Court takes into consideration many factors, including but not limited to, the child’s age, each parent’s living situation, the willingness to co-parent, each parent’s relationship with the child prior to the divorce, and abuse or neglect. Ultimately, the Court will decide what is in the best interest of the child.
How is child support determined?
The State of Colorado uses a child support worksheet that calculates the financial details of both parties. The Court also takes into consideration whether the parents share physical care of the child or if one parent has sole physical care.
If you have any further or case specific questions, please do not hesitate to contact our office.
How do I set up an appointment?
You can call our office at any time to schedule an appointment. Our business hours are 8:00am to 5:00pm Monday through Friday. You can also email Peter Ely directly at firstname.lastname@example.org.
Do you charge for an initial consultation?
There is never a charge for an initial 30 minute consultation.
What forms of payment do you take?
We take cash, check, and all major credit cards.
What is a retainer and do you require one?
A retainer is similar to a down payment paid to the attorney by the client before any work is done on the case. The funds are placed into a Trust account which is kept separate from any business or operating accounts. This allows the attorney to draw funds for fees and expenses as needed throughout the case. For most cases, we do require a retainer.