Question 1

Do the courts always divide assets equally?

Accepted Answer

No, the division of assets under Colorado law is an equitable division. It’s important to know that equitable does not mean equal. So, it’s unlikely assets will be divided down the middle.

There are arguments for both contributions as well as need. Each argument could make the proportional allocation of marital assets and debts something other than 50/50. C.R.S. § 14-10-113

For example, say one person contributes more to the marriage. Alternatively, maybe one person has a limited capacity to earn or generate income after the marriage. The person who contributed more could receive more, or the person who contributed significantly less could receive more because they can’t recover from the divorce. The results will be either a consequence of the parties compromising in settlement or a judge’s order after a trial.

Question 2

I think my spouse is hiding assets, how do I find what they have?

Accepted Answer

Hidden assets are a common concern. Fortunately, Colorado law requires mandatory financial disclosures. Both parties are legally obligated to disclose all their assets as well as all their liabilities, regardless of where they are titled or held.

If, after reviewing your spouse’s mandatory disclosures, you still believe that your spouse is hiding assets, there are steps you can take. For example, maybe you have statements from the accounts that are not being disclosed. Your attorney can then subpoena the records and use that information in court to impeach your spouse during cross-examination. Your attorney may also recommend a forensic accountant to investigate concerns about hidden assets.

Additional discovery options, such as interrogatories and document production requests, are available. Your attorney can also take a deposition of your spouse to try to expose those hidden assets.

It is important not to lose track of the bottom line, though. A cost-benefit analysis can help put in perspective whether it is worth it to go through these additional steps. Additional discovery can be time-consuming and expensive, so it might end up costing more than the hidden assets are worth to try to track them down. In that case, it may be in your best interest not to go down this path. However, there are certainly means within the Colorado rules of civil procedure and Colorado domestic relations law to discover hidden assets.

Question 3

I want to move out of state. Am I allowed to do so without telling my spouse?

Accepted Answer

You are certainly allowed to move if you feel so inclined, but that answer becomes more complicated if kids are involved. You can move out of state, but you cannot move out of state and take your kids with you unless you have the permission of the opposing party or a court order once a divorce is initiated.

You can not get a court order allowing you to relocate with the children out of state immediately after filing a divorce. If the parties are unable to agree, the living arrangements of the children and the parenting time is a decision the judge makes after hearing testimony and reviewing evidence at a contested hearing. The judge makes this decision based on the best interest of the children.

Oftentimes, the judge will rely on expert witnesses to investigate and evaluate so they can make recommendations to the court in the best interests of the children.

Question 4

My spouse and I assumed we were common law married, but now he is saying we are not. What do I do?

Accepted Answer

Many people think that if you have been together and lived together for seven years without getting married, then you are now common-law married. However, there is actually no threshold or time limit for common-law marriage in Colorado. Rather, the standard is whether you came to an agreement with your former spouse that you considered yourselves married and then held yourselves out to the public as being married.

An attorney will look for evidence of your common-law marriage by asking your employer, your family members, neighbors, friends, church community, etc.—in other words, the people who know you best and would be most likely to know whether you hold yourselves out to be husband and wife. Your reputation in the community will indicate whether you hold yourselves out to be married, rather than what one party says.

The court will also look at other factors such as filing taxes as married jointly, estate planning, etc. as evidence of a common-law marriage. Based on recent case law, it is becoming more difficult to establish that a common-law marriage exists, which is a factual determination that will be made by a judge.

Question 5

I have been tracking my spouse’s activity and he has been cheating on me. What should I do?

Accepted Answer

Infidelity is not illegal, but stalking people is. Be mindful when “tracking your spouse’s activities” so that you do not risk a protection order and/or criminal charges being filed against you.

Ultimately, Colorado is a no-fault divorce state. You do not need to prove grounds for a divorce. All that is required is for one party to allege that the marriage is irretrievably broken. Colo. Revised Statute § 14-10-102 Therefore, you do not need to allege or prove infidelity or any other grounds for a divorce beyond that. Simply file the paperwork to get the process started.

If you suspect that your spouse has spent significant marital funds on the person he or she is cheating on you with, that could constitute marital waste. A judge could take this into consideration when determining a fair and equitable division of marital assets and debts.

Question 6

My spouse makes all the money and I cannot afford a divorce. My spouse said I would lose everything. Is that true?

Accepted Answer

Spouses who are opposed to divorcing or want to keep more than their fair share of the assets will often impart inaccurate – and even threatening – statements to discourage their partner from filing for divorce.

Part of the court’s job in a divorce case is to ensure the parties receive an equitable division of the marital assets, like the family home, cars, retirement accounts, cash, etc.

Spousal maintenance, commonly called alimony, would be available to the spouse who could not meet their reasonable needs. Alimony is intended to help the lower earning spouse increase their post-divorce standard of living to that which they enjoyed during the marriage. C.R.S. 14-10-114

Spousal maintenance is intended to allow the downside party to potentially raise their post-divorce standard of living to that which they enjoyed during the marriage. If there just isn’t sufficient income or assets available to do so, then at least the spouse can avoid resorting to government assistance.

Also, if you cannot afford to pay for an attorney, but your spouse could and pay for theirs, too, a judge may award you attorney’s fees.

Question 7

My spouse has an attorney and says I do not need one. Is that okay? Why or why not?

Accepted Answer

You should at least have an assessment with a lawyer to help with your review of the financial disclosures, proposed parenting plans, and proposed division of assets and debts. This is true—and maybe particularly so—even if everything is agreed upon.

You may not need an attorney to appear in court with you if everything is agreed upon and fair, but you will need an attorney to help you understand what is fair under the law.

An attorney will also make sure you are not taken advantage of or miss benefits or arguments which could benefit your case. It is important to understand that your spouse’s attorney is looking out for your spouse’s best interests, not yours. This is why one attorney cannot represent both parties in a divorce pursuant to the Colorado Rules of Ethics.

If everything isn’t agreed upon, then you need an attorney to understand whether the proposals are fair. If you end up in trial over the disputed issues, you’ll need an attorney to go to trial with you.

Question 8

As a grandparent, how can I ensure that I see my grandchildren after a divorce?

Accepted Answer

Grandparent visitation is very difficult to get in Colorado. The U.S. Supreme Court held in the 2000 case Troxel v. Granville that fit parents are entitled to a presumption that they act in the best interest of the children. So if a grandparent is trying to preserve their right to continue to see the child, or get any sort of parenting time, they will have to fight hard to show the parents are not fit to make decisions in the best interest of the child.

The grandparent must have an existing case to intervene in order to request visitation. If the parents have a pending divorce, legal separation, allocation of parental responsibilities (APR), annulment, paternity, or probate case, the grandparent can intervene.

Question 9

My spouse is in the military. Will our divorce be more difficult?

Accepted Answer

Quite often, military divorces are more difficult because you are not only dealing with Colorado state statutes, but also with federal statutes.

Your lawyer needs to understand how those statutes essentially work together in order to determine certain decisions. For example, military retirement benefits division is governed by federal statutes. Other federal statutes govern what happens regarding parenting time if one of the spouses is deployed.

So, all in all, military cases can often be—and often are—much more complicated because of the overlap of state and federal statutes.

Question 10

What characteristics should I look for in an attorney when going to court with a difficult spouse?

Accepted Answer

Level-headedness and attention to detail. These traits go hand in hand because a difficult spouse is going to cause a spike in the emotional intensity during an already highly emotional event. You need an attorney who won’t get sucked into the emotional power plays and lose awareness. An attorney that loses awareness and cannot maintain focus becomes an ineffective advocate.

Question 11

I want a divorce but my spouse won’t engage in the paperwork that has been served. What do I do?

Accepted Answer

To borrow a popular phrase: “You do you.”

If your spouse refuses to engage in the divorce process, you actually have a fairly easy road. Simply follow the rules, complete the documents, and attend the required meetings. You can still get a divorce when your spouse won’t engage at all, as long as they have been personally served with the initial pleadings. As always, there are exceptions, but generally this circumstance is better than the partially participating spouse.

The spouse who is only partially participating can create much more complication. Maybe your spouse only participates when it is convenient or is seen as personally valuable to them. This can increase the volume of work for your lawyer and therefore the cost of litigation. That behavior can even get the courts quite frustrated. Your attorney can help move the proceedings along and ask for attorney’s fees if your spouse causes unnecessary delay.

Question 12

My spouse won’t pay the court ordered child support/alimony. What are my options?

Accepted Answer

If your spouse is not paying court-ordered child support or alimony, you have a couple of options for enforcement. First, you can file an income assignment to ensure that future payments are made.

You can also submit a verified entry of support judgment to recover money that has been previously owed. This allows you to use normal collection devices such as wage garnishments, bank levies, and liens.

Finally, you can initiate a contempt action. However, these are very difficult and complicated legal matters. Contempt can be remedial or punitive. Remedial contempt is designed to compel compliance with the order. Punitive contempt is designed to vindicate the dignity of the court, and is very sparingly used. Because of the complexity of contempt proceedings, it is imperative to speak with a lawyer before engaging in this type of litigation.

Question 13

How much will my attorney cost?

Accepted Answer

Well, it depends on what type of case you have. Even then it’s tough to say exactly how much your attorney’s fees will be.

Generally speaking, people who have a divorce or custody case can considerably reduce their legal costs by cooperating with one another throughout the process. It’s less expensive to reach a mutual agreement at mediation than it is to have a judge make decisions for you.

We know that sometimes it is impossible to find middle ground. If that happens, you may end up in court, which could mean additional costs for you, such as hiring experts to weigh in on your case. Honestly, this is the most expensive route to a resolution.

Nevertheless, studies show that, for many people, hiring a lawyer pays off. For example, your case may be able to be resolved sooner because an attorney will reduce the number of mistakes that are often made by someone tackling divorce on their own. Having an attorney on your side can also lead to larger settlements and an overall better case outcome.

As you take the next steps in your case, you and your attorney will have an honest talk about cost, and our finance department can walk you through the various payment options we have available.

Question 14

How will I pay for a divorce attorney if I don’t currently work?

Accepted Answer

Depending on your circumstances, the court may order your spouse to pay some or all of your attorney’s fees. If this is a route you and your attorney want to explore, she or he will file a motion on your behalf requesting attorney’s fees. The court has the discretion to award attorney’s fees, so this option is never a guarantee.

Another potential option you have is to apply for a personal loan through ePay Management*, which works to find third-party financing for those in need of high-quality legal representation. You can find more information about applying here.

*Disclaimer: R&H has partnered with Pay Management, a third-party vendor, to provide convenient access to their services for our clients. However, R&H does not have any role in the financing process, including application, approval, loan origination, collections, or lender practices. We advise clients to thoroughly review lender rules, guidelines, and agreements before entering any business relationship with ePay Management, FlexxBuy LLC, Crowdnetic Corporation, or any lender. Borrowers should fully understand their financial responsibilities and ensure that the loan agreement aligns with their personal financial situation. R&H neither recommends nor endorses ePay Management, FlexxBuy LLC, Crowdnetic Corporation, or any lender. It is illegal to take out a loan with the intention to file for bankruptcy.

Question 15

My spouse has said I will never see my child again if I go through with the divorce. Can this happen?

Accepted Answer

Colorado courts begin every custody case from the standpoint that it is best for the child to have frequent and continuing contact with both parents–unless a relationship with either parent would be damaging to the child’s physical health or emotional wellbeing.

We cannot guarantee that you will get sole parental responsibility for your children, or that your spouse will only receive limited or even supervised parenting time. However, the courts are legally obligated to act in the child’s best interests.

As long as you continue to be a healthy, positive presence in your child’s life, you will likely be entitled to parenting time and decision-making responsibilities.

Question 16

Can I afford to get divorced and keep my kids, too?

Accepted Answer

Yes, single parents support themselves and their children every day. And, in Colorado, both parents are financially responsible for their children. Depending on your situation, the court may order your spouse to pay child support, which can help reduce some of the financial burden that comes with raising children.

It’s also good to know that child support is based on each parent’s income, which provides a fair way for determining child support payments.

Question 17

My ex has become violent. What should I do?

Accepted Answer

Talk to your attorney about requesting a temporary protection order from the court.

Temporary restraining orders usually last about two weeks, and Colorado courts will typically only grant one if they find you are in “imminent danger.”

Once the temporary order has expired, you and your ex must attend a permanent protection order hearing where you will be able to present evidence that supports your request. Conversely, your spouse will be able to present evidence to counter it.

If the judge finds that you need continued protection, the order will become permanent.

Question 18

Will I have to pay my spouse’s debts if we get divorced?

Accepted Answer

Just like other assets, debts are subject to equitable distribution upon divorce. Let’s say your spouse took out student loans to attend graduate school during your marriage. The court may order you to pay a portion of those outstanding loans as part of the property division in your divorce. Even if the loan was not in your name, it is reasonable to expect that you benefitted from your spouse’s advanced degree during the marriage.

Question 19

Will my children be OK?

Accepted Answer

There are plenty of studies out there that report negative outcomes for children of divorce. However, multiple studies during the last 30 years have found that divorce can actually improve children’s lives in the short and long term. This is especially true for children who lived in a high-conflict situation with their biological parents. Filing for divorce can alleviate some of the stressors that living in a high-conflict household may present to children and other loved ones.

What Should I Know About Getting Divorced in Colorado?