Starting a divorce in Colorado? Here’s your step-by-step breakdown

Introduction

Navigating the divorce process in Colorado can be intimidating with or without children being involved. This step-by-step guide is intended to give you a broad overview of the general procedure for filing for divorce in Colorado and what to expect when dividing property and debts, determining child custody or parenting arrangements, or dealing with other potential issues that may come up. What follows is generalized information and tips which may or may not apply to your particular situation. Please be advised that each case is unique and may involve additional considerations not contemplated herein. This guide is not legal advice. We recommend consulting with an attorney for advice and guidance tailored to your particular circumstances.

So, what exactly happens in a divorce? In general, the divorce process involves filing a petition with the court, exchanging and gathering information, attending mediation and/or negotiating how to separate finances and/or divide parental responsibilities, reaching agreement on as many matters as possible, and then presenting any remaining disputes to the Court for a final determination. The major issues that may be resolved by either agreement or court order include the division of the parties’ assets, allocation of liability for any outstanding debts, whether to order a party to pay the other spousal maintenance, and if the parties have children, the allocation of parenting time and decision-making responsibilities as well as child support orders. What follows is a detailed explanation of these processes and/or legal issues.

Table of contents

Step one: filing

The first step to obtaining a divorce is filing a Petition with the Court. There are two types of petitions you can file in Colorado to alter the status of your marriage: a Petition for Dissolution of Marriage and a Petition for Legal Separation. Regardless of which type of action you file, there is a minimum ninety-one (91) day waiting period between the date of filing and/or service and the date the Court will formally grant the petition and enter the dissolution or legal separation. Therefore, even if there are no complications, it will be a minimum of at least three (3) months before you will be officially divorced. The timeline of your individual case depends on a number of factors including the level of agreement between the parties and the Court’s availability to set matters for hearing.

Dissolution of marriage versus legal separation

The term “divorce” is not the legal terminology used in Colorado, but the term “divorce” will be used generally throughout this guide as an umbrella term to refer to either a dissolution of marriage or legal separation. These terms have distinct legal meanings and have different outcomes, but the procedure for both causes of action will be substantially similar.

Dissolution of Marriage. C.R.S. § 14-10-106. A dissolution of marriage in Colorado is a divorce action as most people traditionally think of it. A petition for dissolution is the more commonly filed action that will be appropriate in most cases. A petition for dissolution of marriage requests the Court declare the legal end of the marriage and enter orders regarding the division of any marital assets or liabilities as well as co-parenting any minor children of the parties if applicable. A dissolution action will result in the Court issuing a Decree for Dissolution of Marriage, which legally terminates the marriage.

Legal Separation. C.R.S. § 14-10-106(2). A legal separation, on the other hand, does not end a marriage. Instead, legal separation requests the Court enter orders regarding the handling of financial matters or child-related matters, similar to the types of orders entered in a typical dissolution case. However, these orders are meant to be effective while the parties are still married but living separately, rather than be a final division of property that severs any joint ownership of property or liability for shared debts. A petition for legal separation may be appropriate if you wish to take some time apart but there is uncertainty about ending the marriage completely because there is some chance of reconciling. If you file for legal separation and decide after that you do want to terminate the marriage completely, you can always convert your petition for legal separation to a petition for dissolution by filing a motion with the Court.

Requirements for filing

Ground for Divorce. C.R.S. § 14-10-106(1)(a)(II). Colorado is a "no-fault" divorce state, meaning you do not need to prove any wrong-doing or other circumstances justifying the need for a divorce. As long as one party asserts that the marriage is irretrievably broken, the process may be initiated without describing the reasons for why it broke down.

Residency. C.R.S. § 14-10-106(1)(a)(I). To file an action for dissolution or legal separation in Colorado, at least one party must have been residing in the state of Colorado for at least ninety (90) days before the date of filing. The petition will be filed in the District Court of the county where one or both spouses’ primary residence is located.
C.R.S. § 14-13-102(7)(a). If there are children involved, for Colorado to have jurisdiction to determine the allocation of parental responsibilities, Colorado must be the child’s “home state.” To be the child’s home state, the child must have lived with a parent or guardian within the state for at least one hundred eighty-two (182) days prior to commencing the proceeding. If the child is less than six (6) months old, then their “home state” will be where the child has lived since their birth with a parent/guardian.

Content of the Petition. C.R.S. § 14-10-107. The Petition essentially provides the basic identifying information for the parties and requests the Court enter orders dissolving the marriage, allocating property and debts, requiring the payment of child support and/or spousal support, and allocating parental responsibilities. The Petition is filed with a Case Information Sheet, which provides the identifying information and contact information of the parties and any children they share. This information includes names, dates of birth, addresses, phone numbers, emails, social security numbers, etc. This information will not be public, and only the court, the parties, and the attorneys of record will be able to view the filing.

Service. C.R.C.P. 4. The filing party must personally serve the responding party with a copy of the Petition and Summons upon commencing a divorce action. The Summons indicates the court where the action was initiated and the parties of the case and provides information about the parties’ rights and responsibilities. Typically, the filing party will hire a process server to serve the documents. However, service may be completed by any person over the age of eighteen who is not a party in the action.

However the responding party is served, the person who completed the service will complete a sworn declaration or Affidavit of Service, which will indicate the date, place, and manner of service to be filed with the Court. A responding party may alternatively agree to sign a Waiver and Acceptance of Service, which indicates they receive the required documentation by other means and will consent to the action without being formally served in hand with the initial documents. The date of service or waiver is important because there are statutory deadlines that are automatically imposed tied to the date of service.

To summarize, the following paperwork must be filed with the Court to initiate an action for dissolution of marriage and/or legal separation:
1. Petition for Dissolution or Legal Separation.
2. Case Information Sheet.
3. Summons.
4. Certificate of Service.

Co-Petitions. If you and your spouse have amicably reached the decision to divorce and can cooperate for purposes of filing, then you may file the Petition and accompanying documents jointly as petitioner and co-petitioner, as opposed to petitioner and respondent. This process is generally the same and will not affect your rights in the divorce. The main difference in filing a co-petition rather than a regular petition is that you will both approve and sign the Petition and Case Information Sheet for filing, and you will not need to personally serve the summons on your spouse and file a certificate of service. The joint signature is considered an agreement to submit to the jurisdiction of the Court to preside over the matter and issue the final decree of dissolution or separation.

Step two: preliminary procedures

Response. C.R.C.P. 12. After they are served, the responding party will file a Response, which will indicate whether the assertions in the Petition are true and accurate. Typically, the substance of the Response is usually admitting the facts and asserting a similar request for relief, i.e., asking the Court to dissolve the marriage and for orders regarding property, support, and parenting. A denial of the Court’s jurisdiction over the parties or their children may also be asserted in a responsive pleading.

Automatic Temporary Injunction. C.R.S. § 14-10-107. Upon filing and serving a divorce action, all parties are bound by an automatic temporary injunction. In the context of divorce, the injunction is an order of the Court that prohibits the parties from transferring or disposing assets that may be considered marital or accumulating further debts jointly. The terms of the Automatic Temporary Injunction are provided in the Summons. The purpose of this order is to preserve the marital estate until the Court can make final determinations regarding how the property and liabilities will be allocated to the parties. If either party purposefully transfers significant funds from a joint account, sells a valuable asset, or takes any other action that reduces the overall equity of assets that could be the subject of dispute for the purpose of preventing it from being shared with the other party, the Court will consider that against them when dividing the remaining equity to reduce the offending party’s allocation.

In general, it is recommended not to use joint funds for paying expenses, unless the expenses are shared and payment of those expenses from the joint account was the ordinary course of business throughout the marriage. You must continue paying your normal marital/household expenses to avoid accumulation of further debt by way of interest and late fees or affecting one another’s credit. During the proceedings, you should essentially aim to maintain the status quo that existed during the marriage to the extent it is possible.

If you have children, you must also maintain the status quo for them and not remove them from the state or unreasonably withhold parenting time from the other parent. If you have immediate concerns that make sharing parenting time unsafe for your children or yourself, then there are emergency motions that may be filed to bring that issue to the Court’s immediate attention. If you believe that may be necessary in your case, we encourage you to speak with an attorney regarding your specific circumstances and what filing would be most appropriate based on the severity of your concerns.

Mandatory Financial Disclosures. C.R.C.P. 16.2(e). All parties are required to provide financial documents and statements within forty-two (42) days of service. These mandatory financial disclosures include documentation of recent tax returns, income, employment benefits, bank accounts, credit cards, loans, investment accounts, retirement plans, insurance, and other assets or liabilities in your name either jointly or individually. The parties will also complete a Sworn Financial Statement, which summarizes the information provided in your disclosures including your income, expenses, assets, debts, etc. You must update your financial statement and provide updated financial documents throughout your case until the final hearing takes place and permanent orders are entered.

You must tell the other party about any and all assets or debt obligations in your name, whether they are jointly held or not. Any failure to provide information regarding the existence or value of any assets or debt balances, especially if the non-disclosure is intentional, may result in you receiving unfavorable treatment at trial, sanctions such as fine or imprisonment, or if the lack of disclosure is discovered post-trial, it can be considered fraud and provide a legal basis for the Court to re-open your case and re-determine final property division orders.

Initial Status Conference. C.R.C.P. 16.2(c). The Initial Status Conference is typically a brief phone call or WebEx meeting with the parties, their attorneys, and a family court facilitator or judge. The conference is scheduled for an hour but rarely takes more than fifteen to twenty minutes. The purpose of the meeting is just to touch base with the parties and discuss scheduling, deadlines, or other needs of the case. Your attendance will be necessary in most cases, but there is little you will need to do to participate other than confirm availability or take note of dates.

Parenting Class. C.R.S. § 14-10-123.7(2). If there are children involved, both parties will need to complete a parenting course approved by the jurisdiction within forty-nine (49) days of filing or being served. There are multiple classes offered both online and in person to choose from. Once you complete the course, you will receive a Certificate of Completion that your attorney will file with the Court. Although typically not required, you can voluntarily take a Level 2 course offered by many of the approved parenting class providers. Level 2 courses focus on high-conflict co-parenting, so we recommend you sign up for the course if you anticipate parenting to be a contentious matter in your proceeding. Voluntarily taking the additional course can demonstrate your commitment and efforts to be a better parent for your children and put their needs ahead of your own.

Step three: determining key issues

Based on the parties’ particular concerns and the financial information received upon the initial exchange, the next step in preparing for finality is identifying your ideal outcome and how your goals differ from the goals of the other party. For each major category of dispute, there are multiple subsidiary matters to be determined that may be a point of disagreement. Nailing down the source of remaining disputes will determine the strategy for preparing for trial. The following is a more detailed explanation of how the major categories of dispute are determined under the law and what other types of disagreements may arise while applying the law to your case:

Contested versus uncontested cases

In all divorce cases, parties have the freedom to mutually agree to as few or as many things as they wish at any time. Contested divorces are ones which proceed to trial in front of a judge or magistrate for the parties to present evidence and testimony when the parties do not agree on how to resolve any or all of the issues regarding financial matters and/or parenting. Uncontested cases, on the other hand, are ones where the parties can reach a full agreement regarding any and all issues, which they will put in writing and file with the Court to approve and enter as the final orders. Cases that seem contested may become uncontested after exchanging information and negotiating, and uncontested cases may become contested when the parties draft the agreement and realize there is something they did not consider.

Establishing goals

The purpose of the Court in divorce litigation is to allocate any property or debts shared by the parties equitably and to create a plan for co-parenting moving forward if children are involved. It is important to think through what your best case scenario would be and your worst case scenario would be for the conclusion of the divorce and final orders. An attorney can help evaluate the likely range of possible orders the Court may enter based on the information disclosed and the legal standards that apply.

The list below contains some initial logistical questions to consider to help determine what your primary objectives will be and the options for achieving those objectives. Envisioning your ideal outcome will be essential for negotiations and for making specific requests to the Court at trial. Additionally, anticipating your spouse’s answers to these questions may additionally help you assess whether or not your divorce will be highly contested.
It is not necessary that you have all the answers now- the point of reviewing this list is to start thinking about potential solutions for separating out your lives and moving forward post-divorce:

Living Arrangemets

• Where will you and your spouse live during your divorce and following the divorce?
• Do either of you intend to move away from the area?
• Do you own any real estate? If so, how many properties do you own?
• Did you buy the property before or during the marriage?
• How did you finance the property?
• Who is on the title of the property?
• Do you need to sell property to afford to move out and live separately?
• Can either of you afford to refinance the home in your own name without receiving contributions from the other spouse?
• Do you or your spouse need to rent a separate residence during or after the divorce?
• Will the children have sufficient room at each parent’s home?
• Do you and/or your spouse have friends and/or family you can stay with for either a temporary or extended period of time?

Income and Expenses

• What are you and your spouse’s current occupations/incomes?
• What specialized education or certifications do either or both of you have?
• Do receive any income from rents, investment dividends, or other sources other than employment? Do you share ownership of the income producing asset
with your spouse?
• Is there a history of one spouse making significantly more or less than the other spouse during the marriage?
• Do you deposit your incomes to a shared account or to separate accounts?
• What are your ordinary monthly expenses? Are there any monthly services/costs you can discontinue to save money while the divorce is pending?
• What expenses do you share? What expenses do you keep separate?
• How do you split expenses?
• How do you and your spouse usually file taxes?
Are there any benefits or drawbacks to filing taxes jointly and/or separately for the next upcoming tax year?
• Do you and/or your spouse have friends and/or family who have offered or may be able to provide financial support?
• Do you and/or your spouse have friends and/or family who you have assisted financially during the marriage?

Assets

• Identify any and all of the following items in which you and/or your spouse have any ownership/beneficial interest:
– Real Estate
– Vehicles (including regular use vehicles, trucks, trailers, RVs, motorcycles, boats, snowmobiles, ATVs, and any other recreational vehicles)
– Bank Accounts
– Investment Accounts
– Stock/Stock Options
– Cryptocurrency
– Retirement Accounts/Pensions
– Wills/Trusts
– Businesses
– Life Insurance Policies
– Household Furniture/Appliances
– Sports Equipment
– Jewelry
– Firearms
– Safety Deposit Boxes
• What items are important to you and what can you live without?
• How are your vehicles registered? Are they leased or owned? What are the vehicles currently worth? Is there any balance owed or payments being made on the vehicles, or are they owned outright? Do any of the vehicles require special license or registration? Does either party use any vehicle for a unique purpose or need? How are the costs of auto insurance, maintenance and repairs, fuel, parking, tolls, and other vehicle expenses paid?
• Is there anything you know your spouse will want to keep?
• Are there any items you obtained prior to the marriage?
• What is the current value of each item? Are there any outstanding loan balances?
• Did you or your spouse contribute funds, time, labor, or materials towards increasing the value of any items?
• Have you received funds or property items with significant value by either gift or inheritance? What did you receive, and what did you do with the funds and/or property items upon your receipt?

Debts

• Identify any and all outstanding balances/debts for which you and/or your spouse are liable, including but not limited to the following:
– Credit Cards
– Student Loans
– IRS/Department of Revenue
– Medical Debt
– Mortgages
– Home Equity Lines of Credit (HELOCs)
– Vehicle Financing
– Collections/Consolidated Debt
• Do you have assets you can liquidate to pay off any debts?
• Do you have debt associated with attorney’s fees/court costs?
• Have there been any recent substantial increases or decreases to the amount owed for any of the above debts? If so, why?
• When were the above debts incurred- before or during the marriage? Did you and your spouse agree to take out the above debts for a joint purpose? Are one or both parties liable for the debts?

Parenting Time

• What has the division of care-taking responsibilities between you and your co-parent looked like so far? What kinds of care-taking responsibilities do you each typically take on and how frequently?
• What time does the children’s school start and end? Do they take the bus or do you need to pick them up?
• What time do the children typically wake up in the morning and go to bed at night?
• Do children follow any specific daily/weekly/monthly routines?
• Do the children have essential items at each parent’s home including appropriate clothing, medications, hygiene products/toiletries? Are there any items the children will need to transport with them between homes?
• What extra-curricular activities/sports do the children participate in and what time commitments are involved?
• What do you and your co-parent’s work schedules look like?
• Without the help of your co-parent, can you accommodate things like school pick-ups/drop-offs, transporting the children to extracurricular activities and playdates, and responding to emergencies such as illness or injury?
• Will you either occasionally or regularly want or need help from friends or family members with childcare duties during your parenting time? Is there any particular person who you or your co-parent would object to assisting with childcare for any reason?
• Do you have established holiday traditions or annual vacations with yourself and/or extended family you wish to continue post-decree?
• Has your child expressed any desires or concerns as it relates to splitting their time between households? Do they have more room, possessions, and/or overall comfort at one parent’s home than the other? Is one parent’s home closer to the children’s school, their friends/family, or their other communities? Does one parent have more time to spend with the children during their parenting time? Have the children indicated feeling unsafe at either parent’s home?

Decision-Making

• How have decisions traditionally been made for the children throughout the marriage?
• Has there historically been any matters regarding the kids that you have disagreed on?
• Who is usually responsible for making medical appointments? Who usually brings the children to their appointments?
• Who usually communicates with the children’s teachers and school administrators?
• Where do the children currently attend school? Is there any reason they may need to transfer schools/districts in the near future? Do you and your co-parent agree on the children attending a particular school or school(s)? Do you and your co-parent agree to the children attending private, public, and/or charter school until high school graduation?
• Do the children currently attend individual therapy, or do you believe that therapy may be necessary? Do you think family therapy is necessary? Do you agree on who the child’s therapist is/should be?
• Do you have any children with physical and/or mental disabilities requiring an individualized education plan (IEP) or other academic accommodations? Do you and your co-parent agree on the child’s diagnosis and/or treatment plan? Has there been any academic regression or improvement reported by the child’s teachers corresponding with conflict at home between the parties or differences between the parenting styles in the parties’ separate residences?
• What religious practices and teachings have you and/or your spouse shared with your children so far? Are both parents the same faith? If not, are there any concerns about the other party’s religious beliefs causing mental or emotional harm to the children? Do you or your spouse have any other strong particular preferences regarding the children’s religious upbringing?
• Do you have any strong opinions regarding healthcare?

Child Support

• Which party has historically covered the children under their health insurance policy? Does either parent receive particularly good and/or affordable health insurance benefits through their employer?
• Do the children have any special medical needs that require the parties to pay extraordinary uninsured costs? Does the child or parent receive governmental benefits as a result of the child’s disability?
• Are there any other child-care or extracurricular activity expenses you will need to account for or split with your co-parent? Does it make more sense to agree to an average monthly amount to come up with a fixed amount for a child support obligation, to split costs evenly or proportionally only if the cost is mutually agreed upon by both parties first, or to require reimbursement of some portion within a certain amount of time after paying it and providing proof?
• What is the division of parenting time- is it even or does one parent have significantly more parenting time than the other?

Spousal Support

• What are your respective occupations and incomes? What are your education levels? Do you have any certifications or degrees?
• Is there a disparity in your incomes, and has that always been the case?
• Is it your arrangement during the marriage that one parent is a primary caretaker and the other is a primary earner?
• What has the standard of living been during the marriage?
• Has either spouse been out of the workforce? If so, how long? Was that spouse previously employed?
• Do either of you have other financial resources or sources of income beyond employment salaries/wages such as income-producing property or familial support?
• Are there any assets or property that if awarded to the lower-earning party can provide for their financial needs and reduce the need for maintenance?
• Are there any high-value assets from which you or your spouse can withdraw enough equity to provide a one-time lump-sum maintenance payment instead of monthly or twice-monthly installments?
• How many years until the higher-earning spouse retires? Is it likely the higher-earner’s income will continue increasing substantially?

Property division

C.R.S. § 14-10-113. The first step in allocating property is identifying any and all property or loan obligations of both parties. The total equity of the parties’ property is then determined by finding the current value and/or balance owed for each identified item. Any portion of the equity deemed to be non-marital separate property of either party is then set aside for the party having a separate interest therein. The remaining equity that is considered marital is then allocated to the parties based on equitable determinations.

What is Considered Property?
“Property” for purposes of division may include any of the following assets or liabilities:
- Real Estate
- Vehicles
- Bank Accounts
- Investment Accounts
- Stock Options/Restricted Stock Options
- Pensions/Retirement Accounts
- Life Insurance Policies
- Business Interests
- Frequent Flier Miles/Points
- Personal Property Items - tools, firearms, watches/jewelry, books, furniture, household goods, artwork, decor, equipment used for recreational activities/hobbies, any other items in the possession of either party
- Debts
- Accrued PTO/Vacation/Sick Leave
- Recovery from a Lawsuit or Settlement (e.g., personal injury award)
- Contractual Rights
- Interest as Beneficiary of a Trust

“Property” for purposes of division does NOT include:
- Social Security Benefits
- Educational Degrees/Certificates
- Expected Inheritance as an Heir of an Estate (i.e., property received by being named in a Will)

The Court's determination of how to allocate property and assets is a three-part analysis:

1. First, the Court determines whether the property is separate, marital, or partially marital.
Marital Property. Marital Property generally includes any assets that are jointly titled or that are not jointly titled but were acquired during the marriage. Whether the property is titled jointly or separately may be indicative of whether it is marital, but is not the only determining factor. Interestingly, student loans accumulated during the marriage are considered marital property. If you owned real estate or other property prior to the marriage that you transferred to joint title, the presumption is that the entire value of the property is marital because the transfer of property into joint title is considered a gift to the marriage. The presumption may be rebutted by showing the intent and understanding of the parties was to preserve the separate property interest and not gift the property to the marriage. It is rare that there is clear evidence of such an agreement, but in some cases, there is a pre or post nuptial agreement or other real estate contract that indicates such intent. Any property deemed marital is subject to division/allocation by the Court.

Separate Property. Separate property includes assets acquired prior to the marriage that were not co-mingled with marital property or placed into joint title. Separate property also includes any inheritances and trust distributions regardless of whether they were received during the marriage or not. However, your separate property claim may be waived if you received funds by inheritance or trust during the marriage and transferred those funds to a joint account. The separate property will not be considered to be part of the marital estate and will not be divided.

Separate Property Interest in Marital Property. If property is acquired prior to the marriage, but the value of the property increases during the marriage, the equity in the property as of the date of marriage may be separate, but any increase in equity between the date of marriage and the date of dissolution may be considered marital. The Court will consider both the financial and non-financial contributions of the parties to the increase in value to decide what portion of the equity to award to each party. Only the marital portion of the equity will be considered part of the marital estate for division purposes.

2. Next, the Court determines the current value of any property deemed marital.
Property is generally valued as of the date of decree of dissolution or hearing. However, the Court may consider if one spouse purposefully reduced the value of marital property in anticipation of the divorce. Parties can often agree to the value of assets as of the date of trial, especially assets like bank accounts, investment accounts, and retirement funds, which usually have an exact cash value evident by the most recent statement for the account. These values are usually only in dispute if no recent statement was disclosed. The value of other assets like real estate, personal property items, business interests, or vehicles, can fluctuate based on a number of variables, so the values of these property interests are more likely to be at issue. Appraisers and valuation experts may be utilized to assess and prove the value of certain assets if not agreed to by the parties.

3. Finally, the Court will determine how to equitably divide teh property items at issue between the parties.
The term “equitable” does NOT mean “equal.” The Court has broad discretion to determine what division is fair under the circumstances. Although the Court does not allocate separate property, the court may consider the non-marital financial resources of a party as part of its equitable analysis. For example, if one party has a significant amount of separate property compared to the other, the allocation of marital property may be somewhat disproportionate to account for the reasonable need of the parties and ensure they are in more similar financial positions post-decree. The Court can consider any relevant factors to decide what is “equitable,” including but not limited to the following:
• Economic and Non-Economic Contributions of Each Spouse to Acquisition of Property - this includes contributions as a homemaker
• Value of separate property allocated to each spouse
• The economic circumstances of each spouse - this includes the desirability of awarding marital home to one spouse for purposes of consistency to children
• Increases/decreases in value of separate property or depletion of separate property for marital purposes

Spousal maintenance

C.R.S. § 14-10-114. Maintenance (a.k.a. alimony or spousal support) is a shift of income from the higher earning spouse to the lower earning spouse, if the lower earning spouse is unable to meet their financial needs. The maintenance statute, C.R.S. 14-10-114, includes a formula for determining both the amount and the duration of maintenance. This formula is referred to as the “guideline,” which the Court generally favors, but the Court is permitted to deviate from these guidelines. In determining whether the Court will order maintenance pursuant to the guidelines or deviate from the maintenance guidelines, the Court will consider any relevant factors, including, but not limited to the following:

• Gross income of the parties
• Lifestyle enjoyed during the marriage
• Marital property allocated to each party
• Financial resources of each party including actual or potential income from separate marital property
• Reasonable financial need of the recipient as established during the marriage, including the age and health of the parties
• Significant economic and non-economic contributions of the parties to the marriage
• Tax considerations
• Any other relevant factors

The Court will often determine the duration of maintenance pursuant to the guidelines as well. The statute provides a recommended maintenance term based on the length of marriage, in months, from the date of marriage to the date of decree of dissolution (not the date of the petition was filed). In Colorado, maintenance can be awarded in marriages that were longer than 36 months in duration.

Allocation of parental responsibilities

C.R.S. § 14-10-124(1.5)(a)(I) – (XI). In Colorado, determinations of child-custody are split into two categories: parenting time and decision-making authority. All orders regarding parental responsibilities are determined primarily by the best interests of the child or children. The following factors are specifically assessed in order to determine the children’s best interests in a given dispute regarding the division of parenting time or decision-making authority:
• The wishes of the parents;
• The child's wishes, if they are of the age and maturity to express their reasoned and independent preferences;
• The child’s interactions and relationships with their parents, siblings, or other involved individuals;
• Any allegations of domestic violence;
• The child’s adjustment to his or her home, school, and community;
• Any mental and/or physical health conditions that affect the party’s ability to exercise parenting time;
• The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
• 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’ separate residences; and
• The ability of the parties to put the child’s needs ahead of their own.

Parenting Time. C.R.S. § 14-10-124(1.5)(a). Parenting time refers to the schedule the children will follow for splitting their time between their parents’ homes, including which party will transport the children and where child exchanges will take place. Parenting time orders generally provide a regular schedule as well as a specific division of holidays and/or school breaks that take priority over the regular schedule. The plan may additionally include a separate schedule that applies during summer break as opposed to the regular schedule during the academic year.There will typically be terms specifying that each party may take a certain number of consecutive or non-consecutive days of separate vacation time each year and require they provide notice of the dates and destinations they intend to travel with the children by a certain time each year.

Decision Making. C.R.S. § 14-10-124(1.5)(b)(I) – (III). Decision-making authority refers to how parents will determine how to raise their child as major decisions arise and need to be made throughout the child’s life. In addition to the best interest of the child factors provided above, the following factors will also be considered to determine the children’s best interests particularly as it relates to decision-making authority:
• Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
• Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate
an ability as mutual decision makers to provide a positive and nourishing relationship with the child; and
• Whether an allocation of mutual decision-making responsibility on any number of issues will promote more frequent or continuing contact between the
child and each of the parties.

Major vs. Minor Decisions. Typically, the Court considers these major decisions to include those pertaining to education, healthcare, extra-curricular activities, and/or religion. However, there may be other matters of importance that may fall under the category of major decisions or day-to-day decisions related to these categories that are not necessarily major decisions. It is most common that day-to-day matters such as household rules, chores, hygiene, and other parenting choices that will not generally affect the other parent can be made at either parent’s discretion while they are exercising their parenting time. Major decisions, on the other hand, will most usually involve collaboration of the parties and some sort of communication protocol. The Court has generally broad discretion to determine methods of conferring and making decisions that are specific to the parties’ specific dynamics. In general, the Court will order joint decision-making, sole decision-making, or some sort of hybrid.

Joint Decision-Making. Joint decision-making will typically require the parties to discuss major decisions and attempt to reach agreement to major decisions involving the children in writing. The Court will generally order joint decision-making where the parties are both fit and safe parents who are able to successfully cooperate and put their children’s needs ahead of their own. If the Court finds that either parent has perpetrated an act of domestic violence against the other, then they may not order joint decision-making over the objection of the victim parent unless the Court is able to fashion an order for joint decision-making that adequately protects the safety of the victim parent and the children under the specific circumstances of the case.

Usually, there will be a requirement that a party send a message regarding the decision to be made and their proposed resolution and the other party respond within a certain amount of time. Then, if response is not received within the prescribed time period, the lack of response is deemed consent for the initiating party to proceed. If the parties reach an impasse after good-faith discussion of the matter, the agreement or orders may give one party final tie-breaking authority, may require the parties to attempt mediation or arbitration, or may appoint a parenting coordinator decision-maker (PCDM) to make the final call.

A PCDM is a neutral third party who remains on stand-by in the event the parties cannot agree on a particular decision. For a fee, the PCDM will review information provided by the parties regarding a major decision to be made and make a determination one way or the other. This allows the parties to resolve minor conflicts and receive a quick, definitive path forward without the need to initiate additional litigation or court involvement. The appointment of the parenting coordinator must be mutually agreed upon by the parties in order to be appointed.

Sole Decision-Making. In some cases, the Court finds it in the best interests of the child for one parent to retain sole decision-making authority. This may be appropriate where one parent has historically been the primary caretaker during the marriage, where there is no possibility of cooperation between the parties, or where there are safety concerns with one parent. In many cases where one party is provided sole authority to make decisions, there will often be a requirement that the parent with decision-making powers either confer with the other parent and consider their input prior to making a decision or to notify the other parent of decisions as they are being made. As it is generally the policy of the Court that it is in the children’s best interests for both parents to remain actively involved, sole decision making is normally disfavored absent specific circumstances.

Hybrid Decision-Making. Another option the Court has is to enter a middle-ground order for decision-making in which each party retains sole decision-making authority over specific aspects of the children’s lives. For example, the Court may provide that one party may solely make major decisions related to healthcare while the other party may solely make major decisions related to education. This may be appropriate where it is in the children’s best interests for both parties to be involved but where the parties are clearly unable to communicate amicably and would cut one another out of the children’s lives if provided complete sole decision-making authority over all matters. This may also be appropriate where each parent has particularly strong preferences or demonstrates they have more knowledge or understanding of that aspect of the child’s life than the other party.

Child support

C.R.S. § 14-10-115. Child support is a shifting of income between households so that the children do not see a decline in financial circumstance after the divorce. Child support is income driven and based on a standard calculation which incorporates you and the other parent’s income or potential income, the number of overnights you each have with your children, and any expenses related to the children including health insurance, daycare costs, and a number of other unique considerations. These values are then entered into a child support calculator, which yields a recommended support obligation. The final orders may deviate from the recommended guideline amount, but there must be justification for the deviation that is in conformity with the best interests of the children.

In addition to ordering monthly or twice-monthly regular payments, orders regarding child support may also include a protocol for sharing additional expenses as they arise. Normally, parties will share the cost of uninsured medical expenses, education, extra-curricular activities, or other things the child is involved with in proportion to their income. The agreement or orders will usually require parties to provide documentation of the expense paid and/or reimbursement for their share of an expense within a certain amount of time.

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The information provided in this post is for general informational purposes only and does not constitute legal advice. Laws and regulations vary by state, county, and specific circumstances of your matter, and the information presented here may not apply to your particular situation. Always consult with a qualified family law attorney to obtain advice tailored to your individual circumstances. Reviewing this blog post does not create an attorney-client relationship between you and the author, publisher, Barrow Brown Carrington, PLLC or its attorneys. The author and publisher are not responsible for any actions taken based on the information provided in this blog post.

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