FAQ's about Divorce and Family Law
Denver Family Lawyers
How does a divorce start?
One spouse (or his/her lawyer) files a Petition and Summons and sends notice to the other spouse. Alternatively, both spouses can file jointly. To file a divorce in Colorado, at least one spouse must have lived here for at least 90 days, immediately before filing.
How long does a divorce take?
There's a mandatory initial wait of 90 days. If the two spouses agree on the issues, e.g., disposal of property, child custody etc., and submit that agreement in correct form, the divorce may be concluded in not much more than 90 days.
However, most often there is disagreement, and in that case, the parties must wait for their court date. The length of this wait depends partly on how busy the particular court is where the divorce papers are filed. It could be 6 months or longer.
If the couple has no children, or if they have children and both parties are represented by lawyers, the appropriate forms can be submitted by mail. When the court has all appropriate papers on hand it will dissolve the marriage by issuing a Decree of Dissolution of Marriage.
Does it matter who's at fault?
Colorado has "no fault" divorce. That means that "fault" is not a consideration in whether a couple can be divorced. The only pre-requisite is that the marriage has definitely failed. However, a parent's behavior, insofar as it affects any children of the marriage, will be considered when the court decides who has parental responsibility (custody).
Can you have a divorce without any court being involved?
Yes, and at Hull & Zimmerman we strongly support that.
Settlements
If the two parties are able to sit down together and work out the arrangements amicably, this is surely the best way to go. If not, and each party has a separate lawyer, then the lawyers can work out the arrangements on their behalf and this can work well too. No court need be involved if all disputes can be resolved without one.
Mediation
This route to amicable divorce involves a neutral third party who sits with both spouses and helps them to communicate more clearly and productively. A neutral outsider is not caught up in any longstanding dissention between the parties and can steer things away from old arguments and towards new positive possibilities.
Also, a mediator has no ethical obligation to act as an advocate for either party. He or she also can't give any legal advice.
Wouldn't mediation just postpone conflicts until later?
That's not what studies show. It seems to be universal that mediated divorces bring a more cooperative aftermath, because the two parties have expressed their fears, their anger, or whatever negative elements might linger and pollute the subsequent arrangements. They've each spoken their mind and cleared the air between them. Since they've voluntarily agreed to the decisions, they're more likely to keep their end of them.
Wouldn't I get a better outcome if I appeal to a court, rather than a mediator?
Not necessarily and in fact, probably not. Court is a last resort. If a court has to decide the parenting times and allocate the parenting decisions, then often one or both parties are unhappy with the decisions. That means that at some later time they'll probably appeal them. That brings further expense and worry and anger.
Remember too, that courts are very busy places, so time is often short and the judge may be tired and eager to bring things to a conclusion.
Are there behavioral rules for the period of time the divorce takes to finalize?
Yes. There'll be automatic court orders for protecting all parties involved.
- Neither party can threaten or harass the other
- Children can only be taken out of the state by court order or agreement of two parents
- No marital property can be destroyed, hidden, transferred or borrowed against (there are some exceptions to this)
- Neither spouse can cancel any insurance policies
The court will impose penalties for any violations.
How is custody decided?
As of 2/1/99, the term "custody" was changed to "parental responsibilities". The principle governing all parental responsibility decisions is that of "what is best for the child".
Colorado officially encourages both parents to continue frequent contact with minor children and to share their upbringing.
If the two parties agree, they can submit a plan for parental responsibilities to the court, and if it's approved, matters can continue smoothly. If it's not approved, or if none is submitted, the court will devise a plan, and it will include parenting time, and the allocation of child-rearing decisions.
What is supervised visitation?
The term "visitation" has been changed to "parenting time", and refers to the scheduled time that a parent has with minor children.
Supervised parenting time means that a third person must always be present with the child and that parent, and that such visits must be at pre-arranged times and places.
Can fathers have parental responsibilities (custody)?
Yes. Most jurisdictions don't consider gender when deciding on the best arrangement for the child.
Can a child decide who has the parental responsibility (custody)?
Yes, many courts will consider the child's wishes if that child is not extremely young. Also, a child of 16 or more can petition the court for a change in parental responsibility.
If child support isn't paid, can the visitation be stopped?
No. Visitation (now called parental time) isn't dependent on the payment of child support (now called maintenance).
Read more about child custody and visitation rights
The Denver family lawyers at Hull & Zimmerman give you a free consultation to help you understand your situation from a legal perspective. We'll look at the facts, assess your situation, and explain legal terms. If you choose to retain us, we'll assign whatever resources are needed to bring your case to a successful conclusion. At all stages of the process, we'll be available to explain and answer your further questions.
Contact us today for more info
Greater Denver metro area and Colorado Family Lawyers.
Hull and Zimmerman, P.C.
2921 W. 120th Ave., Ste 220
Westminster, Colorado 80234
Phone: 303-423-1770
Fax: 303-423-2102
Toll Free: 1-866-385-3505
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