A Guide to Divorce in Colorado - Part 5

This is the fifth and final post in a series on the Colorado divorce process. If you missed the previous posts, you can start with Part 1 here. The purpose of this series is to give you an overview of the divorce process in Colorado.

The Permanent Orders Hearing is the final step in your divorce process. At the hearing, the judge will hear evidence and make decisions about the following five issues: (1) parenting time and decision-making; (2) child support; (3) maintenance (spousal support or alimony); (4) division of property and debts; and (5) attorneys’ fees.

The court will use the “best interests of the child” standard to determine a parenting time schedule. The judge will consider factors such as the history of the parties’ involvement with the children, the ability of each parent to put the child’s needs ahead of their own, and the distance between the parties’ residence.

After parenting time is determined, the court will calculate child support. The amount of child support is based on each party’s income, how many overnights each parent has, and any additional expenses for the children, such as medical, extracurricular, or child care expenses.

The court will also divide all marital property and debts between the spouses. First, the judge will determine whether either party owned any property before the marriage. This is “separate property,” and will not be divided. Any income or assets earned during the marriage are marital property and can be divided. Colorado is an “equitable division” state, which means the court does not have to divide the property exactly equally, but instead should make a fair division of the property.

Maintenance (sometimes called spousal support or alimony) may be awarded if one party has a higher income than the other party. Typically, maintenance is awarded if the marriage lasted longer than three years. The amount is based on a calculation that takes into account both party’s incomes and the length of the marriage. Either party can waive their right to maintenance.

Finally, the court can order one party to pay the other party’s attorney’s fees. Generally, this only happens when one party has a significantly higher income or lots of separate property.

Depending on the complexity of your case, you may need to subpoena witnesses to attend the hearing and testify on your behalf. At the hearing, you or your attorney will give opening and closing statements, present documents and witness testimony as evidence, and cross-examine the other party’s witneses. After the judge has heard all of the testify and reviewed the exhibits, he or she will enter Permanent Orders and sign the Decree of Dissolution.

Thank you for joining me for this series on the divorce process in Colorado. Because every divorce is unique, you should consult with an attorney to discuss the specifics of your case. If you think you cannot afford an attorney, there are resources, such as Colorado Legal Services or JAMLAC, that may be able to help. You can also look for an attorney who provides unbundled services.

For more information, please check out my blog posts on my website: www.oneaccord.legal/blog.

If you have questions or would like to schedule a consultation, I’m here to help.