A Guide to Divorce in Colorado - Part 3

This is the third post in a series on the Colorado divorce process. If you missed Parts 1 and 2, you can read them here. The purpose of this series is to give you an overview of the divorce process in Colorado.

If you’ve made it this far, you’ve decided which process to use for your divorce, completed your mandatory financial disclosures, and attended your Initial Status Conference. The next step in the process is to issue discovery (if applicable) and determine whether any experts are needed.

If you still have questions or want more information after completing your mandatory financial disclosures, you can issue discovery requests to your spouse. These include Interrogatories, which are questions that your spouse must answer; and Requests for Production of Documents, which require them to provide you with copies of documents, such as additional tax returns or bank statements. You can request up to three years’ worth of bank and credit card statements, without having to request permission from the judge.

You can also request the appointment of experts, such as a real estate appraiser or business valuator.  

If you have children, you can also request the appointment of a neutral third party to investigate and make recommendations to the Court about parenting time. There are three types of neutrals: (1) a Child and Family Investigator (“CFI”); (2) a Parental Responsibilities Evaluator (“PRE”); and (3) a Child’s Legal Representative (“CLR”).

The CFI is intended to be a limited investigation, which will involve the neutral interviewing and observing both parents with the children. The CFI may also speak to teachers, therapists, or other third parties about their observations of the parents and the children. A CFI can be either an attorney or therapist who has completed the CFI training. A CFI’s fees are capped at $2,750. This fee is generally split between the Parties. If you qualify, you can also request that the state pay for a CFI.

If you need a more extensive investigation, or there are drug abuse or mental health concerns, I recommend a PRE. The PRE must be a licensed mental health professional, and can require the parents to submit to drug and/or psychological testing. Because the investigation is much more thorough, it can cost as much as $10,000 or more for this type of expert.

Finally, you can request that a CLR be appointed for your child. A CLR is an attorney who represents the best interests of a child. This type of expert can be useful when there is an older child, such as a teenager, or there is high conflict between the parents. The CLR can file Motions, present evidence and question witnesses, and make legal arguments on behalf of your child.

In Part 4, we’ll discuss the mediation process.  

 If you find yourself overwhelmed at the thought of getting divorced, I’m here to help! Please reach out to schedule a consultation.