Welcome

The length of time it takes to get a divorce in Colorado can vary depending on factors such as the complexity of the case and whether or not there are disputes that need to be resolved. In general, an uncontested divorce can take as little as a few months, while a contested divorce can take a year or more. There is a statutory minimum of 90 days in Colorado after filing the petition for dissolution of marriage and supporting documents to effectuate a divorce.

Legal custody refers to the responsibilities of the parent to make major life decisions on behalf of the child such as education, religion, upbringing, and medical care. Physical Custody is about visitation rights and where the child will live. Legal and Physical Custody can be joint (meaning both parents/parties have custody) or sole (meaning just one parent/party has custody). 

A prenuptial agreement is a legal document that outlines how assets and debts will be divided in the event of a divorce or separation. It can also address issues such as spousal support and inheritance rights. Prenuptial agreements are a good resource to protect yourself, especially among couples who have significant assets or businesses.

The importance of the best interest of the child cannot be understated in a Colorado Family Law Case involving children. A Judge or Magistrate will utilize these factors in their rulings regarding parenting time and custody. 

C.R.S. 14-10-124(1.5)(a) lists nine factors the court is required to consider when determining parenting time:

1. The parents’ wishes;
2. The child’s wishes as long as the child is sufficiently mature to express such; 
3. 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;
4. The child’s adjustment to home, school and community;
5. The mental & physical health of everyone involved;
6. The parties’ ability to encourage sharing of love, affection & contact between the child and other parent;
7. Whether the past involvement of the parties show a system of values, time commitment, and mutual support;
8. How far apart the parties live;
9. (Repealed)
10. (Repealed)
11. The ability of each party to place the needs of the child ahead of his or her own needs.

C.R.S. 14-10-124(1.5)(b) adds 3 additional factors:

1. Credible evidence that the parties can cooperate and make joint decisions;
2. Whether the parties’ past involvement 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;
3. Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties.

Military Divorce with respect to filing documents is not any different than a regular divorce. Military Divorce gets complicated with respect to division of military pay, retirement, jurisdiction, and service of process.

Jurisdiction - Like all Colorado divorce cases at least one party needs to be domiciled in Colorado with the intent to remain indefinitely in order for the court to have "subject matter jurisdiction" over your case.  Subject Matter Jurisdiction is the courts power to hear your case. Given the nature of the military with respect to relocation and deployments you may have subject matter jurisdiction issues in your case. Another flavor of jurisdiction is "personal jurisdiction" which is the courts power over you and your assets. Please contact us for a free 30 minute consultation to analyze your specific Jurisdiction issue.

Service of Process - This is a procedural requirement, that forces you to physically serve the other party with the initial filing paperwork in order to start a legal proceeding. Failure to do so means  your case could get dismissed. This is important for military members because if a spouse is deployed you cannot start a divorce because the spouse may delay proceedings under the Service members Civil Relief Act. 

Division of Assets - BAH will count as income generally while reserve pay may not. Each individual financial situation can present different challenges calling for different solutions. Please contact us fro a free 30 minute consultation.