When you have a firm grasp of the legal side of family law matters you may be facing, it can help you make informed decisions during a difficult time. Knowing what to expect empowers you to approach each step with greater confidence and clarity.
At the Law Offices of Shawn H. Smith, our family-oriented lawyers are caring in our approach yet fully prepared to be aggressive when your rights require strong protection. We offer free consultations and maintain convenient offices in Fort Collins and Greeley, Colorado. Our goal is to guide you with accurate information and steady support while you move toward a brighter future.
Answers To Questions About Colorado Family Law
It is natural to have questions when facing divorce or other family law issues. The information below can help you understand how Colorado law may apply to your situation.
How long does a Colorado divorce take, and what is the 91-day waiting period?
Under Colorado law, a minimum 91-day waiting period must be observed before a divorce can be finalized, even when uncontested and spouses agree on all issues. Many divorces take longer because the court must review financial disclosures, parenting plans and settlement agreements to ensure they meet statutory requirements.
Contested cases typically endure for a longer period and are often extended several months due to discovery, negotiations and potential hearings.
What are the legal grounds for divorce in Colorado, and is it a no-fault state?
As a no-fault state, Colorado courts do not consider wrongdoing when granting a divorce. The only legal ground is that the marriage is irretrievably broken. This approach helps reduce conflict and allows the court to focus on practical issues involving children, finances and marital assets.
Do I have to go to court for my divorce, or can my divorce be done without a hearing?
Some uncontested divorces can be finalized without a hearing if all documents are complete and spouses agree on every issue. However, the judge may require a brief appearance if clarification is needed or if children are involved.
Contested cases almost always require at least one hearing so the court can resolve disputed matters. Your attorney can help you prepare for any required appearances to improve your legal position.
Do I really need a lawyer for my divorce if we already agree on everything?
Even when spouses agree, an attorney fills a crucial role. They help ensure documentation complies with Colorado statutes and local court rules. The right lawyer can also help prevent errors in financial disclosures or parenting plans that can delay the case or create future problems.
Additionally, a knowledgeable lawyer can explain any long-term implications that may not be obvious during an amicable divorce.
How does Colorado divide marital property and debt, and is everything split 50/50?
Colorado uses equitable distribution. This means courts divide the assets and debt accumulated during marriage fairly and do not automatically split everything in half. Property acquired before marriage or through inheritance is usually treated as separate unless it was mixed with marital property.
Judges consider factors like each spouse’s economic circumstances, marital contributions and the value of separate property when dividing assets and debts.
What happens to retirement accounts, pensions and investments in a divorce?
Retirement assets earned during the marriage are generally considered marital property. Dividing them often requires a Qualified Domestic Relations Order (QDRO) to avoid tax penalties and ensure proper transfer.
Courts may also consider premarital account balances, market fluctuations and vesting schedules when determining how to divide retirement assets. Making sure these assets are handled correctly is essential to a financially secure post-divorce future.
Can my child choose which parent to live with in Colorado? At what age does their preference matter?
Children cannot generally choose where they live, but Colorado courts may consider a mature child’s preference when determining parenting time. The court evaluates the child’s reasoning, emotional maturity and the overall family situation.
No specific age guarantees a child’s preference will influence the outcome, but your attorney can explain how the court may weigh your child’s input.
What happens if one parent wants to move out of Fort Collins or away from Colorado with the children?
A parent wishing to relocate with children must provide written notice and attempt to reach an agreement with the other parent. If parents disagree, the court evaluates the matter using best interest factors such as educational opportunities and the impact on the child’s relationship with each parent.
Relocation cases often require detailed evidence, careful case preparation and close attention to state law.
How is child support calculated in Colorado, and can it be modified later?
The state of Colorado uses an income shares formula that combines both parents’ gross monthly incomes to determine the basic support obligation. Then it is adjusted to account for overnights and required costs. Courts also review health insurance costs, child care needs and extraordinary expenses.
Child support may be modified when a substantial and continuing change affects the existing order. Examples include a significant decrease or increase in a parent’s income and the changing needs of the child.
How is spousal maintenance (alimony) calculated in Colorado, and how long does it last?
Courts in Colorado review factors such as income, financial resources and the length of the marriage when determining maintenance. Statutory guidelines provide suggested amounts and durations for marriages of at least three years, but judges may deviate when appropriate.
Spousal maintenance may be temporary or long term, depending on the circumstances. An experienced attorney can help you evaluate what may apply in your case.
Contact Our Family Lawyers To Learn More
If you are dealing with a Colorado family law matter, the experienced lawyers at the Law Offices of Shawn H. Smith will help you understand your options. Call our Fort Collins or Greeley office at 970-387-6858 or reach out online to reserve a free consultation with our team.