Divorce Cases

No Fault Divorce in Colorado

Colorado is a no fault divorce state, which means that the Court cannot consider the reasons for your divorce. Problems like adultery, addiction, and domestic violence cannot be considered by the Court in allocating property between spouses and awarding financial support to either spouse.

However, these issues may be highly relevant when it comes to issues regarding children. When addiction or abuse impact the children, it can have major consequences for how parenting time and decision-making authority are divided between spouses. It is important to have an attorney who can present the evidence of the problems to a court to ensure you and your children are protected.

Allocating Marital Property

Divorce is a legal split between two parties, and in order to be completed, a divorce decree must address all of the financial and legal rights and responsibilities of both spouses. One of the major issues that must be addressed is the equitable distribution of martial assets and debts.

The key phrase here is “equitable.” Colorado does not require an equal distribution of the marital assets and debts. Rather, it must only be equitable, or fair.

Marital property is any asset or debt that a couple accumulated during their marriage. It does not include property either spouse acquired prior to the marriage, or property that was acquired by gift or by inheritance. Determining what property is marital and what property is separate can pose a very difficult legal question, and an experienced divorce attorney can help explain the details and ensure you are not giving up more than you might be entitled to.

Divorces with Children

When parents decide to divorce it can have major impacts on their children. Many children report being put in the middle of their parents’ conflict, or feeling as though they had to choose one parent or the other.

If you and your spouse have children, parenting time, decision-making authority, and child support must all be addressed as part of the divorce process. Courts are required to allocate parenting time and decision-making authority according to the best interests of the child, which requires a number of factors to be considered including:

The wishes of bath parents as to parenting time;
The wishes of the child if they are sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;

The child’s adjustment to his or her home, school, and community;

The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; ?except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this factor;

Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

The ability of each party to place the needs of the child ahead of his or her own needs.

Negotiation or Settlement

The mediator’s role is to act as a neutral third party to help spouses come to an agreement on all aspects of their case. The goal is to reach a full Separation Agreement that addresses how all marital assets and debts will be divided and addresses spousal support. When kids are involved, a Parenting Plan would hopefully be agreed to as well that would allocate parenting time, decision-making authority, and child support between the parents.

Successful mediation can have thousands, if not tens of thousands, of dollars in attorneys fees. Studies have also shown that parties that come to an agreement on their divorce are far more satisfied down the road, as compared to those parties who could not reach an agreement and were forced to let a court decide the details of their divorce.