Colorado Divorce Information
Divorce is never an easy process and procedures vary from state to state. There are few "blanket" rules of thumb even within a single state's jurisdiction because divorces can be as different as the families they affect. However, Colorado has taken steps in recent years to streamline the process. The state now offers ways for a couple to move through a divorce more quickly and lessen the financial and emotional impacts on the family.
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Dispute-Resolution Alternatives
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Colorado currently offers both arbitration and mediation to divorcing parties who want to avoid going to court. Both involve a neutral third party who will weigh the facts of your particular situation in order to reach a resolution. The difference between the two is that in arbitration, the third party has the right actually to make decisions about your divorce. In mediation, the third party facilitates the negotiation process, but does not rule on your case.
Simplified Divorce
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The concept of simplified divorce was initiated by the Colorado Supreme Court in 2000. Simplified divorce is another option a couple can choose if they want to avoid court. They agree to disclose all financial documentation at the start, and they may not file any motions during the process without the approval of the court. If they disagree on any issue, a "joint" expert will give his opinion, as opposed to an expert who is hired by one spouse or the other and might be biased.
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Marital Property
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In Colorado, all property is classified as either "marital" or "separate." Separate property includes all that was received either as an inheritance or a gift, as well as property that has been addressed in a prenuptial agreement. "Marital" property is virtually everything else that is acquired after the date of marriage, even if only one spouse holds title. Marital property also can include a portion of assets acquired prior to the marriage. If an asset has appreciated--even if you bought it before you ever laid eyes on your spouse--then the difference between its value at marriage and its value at the date of divorce is subject to equitable division.
Support
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Colorado awards both child and spousal support without regard to any marital misconduct. Child support is calculated by assigning a percentage to what each parent's income would bring into the child's home if the family were still intact and making that parent responsible for contributing that amount. Spousal support (or alimony) is largely up to the discretion of the judge depending on the facts of your case.
Costs
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According to Wedgle & Friedman, a law firm in Colorado, hourly fees for divorce attorneys in Colorado can run the gamut from only $90 per hour up to $300 per hour. Local laws do not allow divorce lawyers to take cases on a "contingency" basis where they would get paid at the end of the proceedings from whatever marital assets you recover. They must be paid a retainer fee up front.
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