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Caring, Committed, Compassionate Legal Representation Colorado is a “no fault” state; the grounds for obtaining a decree of dissolution of marriage is irretrievable breakdown. This means that the court will not hear why a husband or wife wants the divorce: it doesn’t matter according to Colorado law. A decree of dissolution cannot be entered until 90 days after the petition has been filed and a summons served upon the other party. Temporary orders can be obtained regarding the issues in the dissolution of marriage to assist the family and govern financial and child-related issues while the case is pending. There are four major issues that may apply to a divorce: - Allocation of parental rights and responsibilities of children either born or adopted into the marriage
- Maintenance (alimony)
- Property division (marital assets and debts)
- Attorney’s fees
The allocation of parental rights and responsibilities encompasses (1) allocating decision-making responsibility, (2) designating the primary parent (custody), (3) establishing parenting time for the other parent, and (4) calculating child support. The issues relating to the children are based upon the best interests of the children. There are many statutory factors that the court considers when determining who will make the major decisions regarding the children, with whom the children will reside the majority of the time, and the parenting schedule for the other parent. The court considers all relevant information regarding the children such as each parent’s past assumption of parental duties, their ability to communicate with one another, prior domestic violation convictions, any difficulties or issues which would affect the children in their respective care, the distance between the parent’s homes, and the age of the children. Child support is calculated pursuant to the Colorado child support guidelines. The guidelines can be found at http://www.courts.state.co.us/chs/court/forms/domestic/childsupportguidelines.htm The calculation is based upon several factors, including the parties’ gross monthly income from all sources. Credits are given for certain child-related expenses. Maintenance, formerly known as alimony, is awarded if one spouse is unable to meet his or her reasonable needs through appropriate employment and the other spouse has the means to assist. For purposes of temporary orders, maintenace is usually formula-based if the combined gross income of both parties is less than $75,000 annually. The formula is a simple calculation taking 40% of the higher earner's gross income and subtracting 50%of the lower earner's gross income. The difference is the recommended temporary maintenance award. Other factors can come into play and an attorney should be consulted to obtain all relevant information. The formula does not apply to permanent maintenance. The Court will determine an appropriate amount and duration of permanent maintenance, depending upon the particular facts and circumstances of the case, including the age, emotional and physical health, education and training levels of each party, as well as the length of the marriage. As to marital property, Colorado is not a community property or equal division state. It is an equitable property state, which means that the court may distribute property in any manner in which it deems fair. The distribution of property includes an allocation of debt repayment. The Court can require a spouse to assist the other with payment of attorneys' fees and costs to place the parties on an equal financial footing. Ms. Higby has authored an article on spousal maintenance entitled "Post-Dissolution Maintenance Review in Trial Court Under CRS Sec. 140-10-114 or 122" which appeared in the July 1997 Colorado Lawyer. Click here to view this article. To learn more about divorce and dissolution proceedings in Colorado please contact the Law Office of Kathy A. Higby today.
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