Question of the Week 
Question of the Week
Q: When I visit my boyfriend out of state on some of the weekends afforded to me per our parenting plan, I allow my daughter to be with her beloved grandmother (my mother). My ex says I cannot do that and she should be with him. He wants to file to have sole parenting time. Can he do this?
A: As a general rule, you are permitted to select the daycare providers who will care for the children during your parenting time. He could file a motion with the court asking that he have the "right of first refusal" to care for your daughter while you are away overnight and he could succeed. However, there is nothing legally wrong with what you are doing. It certainly would not be a cause of action to take your child away from you unless your mother is not a fit person to care for your daughter (drugs, sexual molestation charges, etc.)
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Please feel free to browse previous Questions of the Week below:
Divorce
Does the Court require divorcing couples to go through counseling before obtaining a divorce decree?
What is mediation, and why did the Court order me to attend a session?
Can I change the date of the ISC? I will be traveling on business that day.
How do I obtain an annulment?
I divorced in another country and am concerned that my divorce may not be valid in Colorado.
What exactly are temporary orders in a divorce proceeding?
How do I initiate divorce proceedings when my wife serving in the military overseas?
My husband left me and our 3 children last year. Can I divorce him for abandonment?
What is an "Initial Status Conference"?
Will I have to attend a hearing or several hearings when I divorce?
Is it necessary to serve my spouse with divorce papers after I file?
Is it possible to continue my coverage on my wife's health insurance after we divorce?
What forms are required in order to obtain a divorce?
How long is a legal separation valid?
How long will our divorce take?
My husband of 4 years left me and I don't know where he is. Can I divorce him without having his current address?
Instead of going back to my maiden name, can I create an entirely new last name after my divorce?
Can I ask my spouse to pay for the divorce?
Is it to my advantage to have my wife file for divorce since she is the one who wants to end our marriage?
Maintenance
Do I have to let the court know that my former wife's boyfriend is contributing to her household expenses? She wants a lot of extras from me and her expenses are just not that high when you factor in the fact he pays for the mortgage and food.
My ex was laid off of his job as an electrical engineer making $200,000 per year, and is now working in a bookstore for $12 an hour. Is the Court going to use the hourly income he has from his present job or use the annual income he used to make?
How long must I be married before I can receive spousal support?
I was recently laid off and want to know if I can stop paying maintenance?
Eleven months ago, I was ordered to pay maintenance to my ex wife for a period 10 years. I have recently become disabled and am no longer working. Can I get the amount of the maintenance award lowered or even stopped?
What can happen to me if I don't pay maintenance?
My husband makes $80k per year. How much will I be awarded in maintenance?
What is a QDRO?
I was ordered pay maintenance to my wife for 6 years, but she remarried last month. Can I stop paying maintenance now?
What is temporary maintenance?
Can I receive alimony when I divorce my husband of 20 years?
Division of Assets
I found out my husband was cheating on me and taking expensive vacations with his new girlfriend. Will the Court consider his actions when dividing marital property?
Does my soon to be former husband have a claim to the insurance settlement I will be receiving from automobile accident that occurred during our marriage?
My wife of 18 months just left me for another man. Can I ask her for the engagement ring back?
During my marriage, my mother gifted me money every year and I deposited the funds into my personal savings account. Do I have to disclose this account?
Is my former fiancé legally obligated to return the diamond engagement ring to me now that she has refused to marry me?
My husband has been very secretive regarding our finances throughout our 10 year marriage, and he owns several businesses. Will I need to hire a private investigator to determine our net worth?
After I file for divorce, can I withdraw $30,000 from my personal 401(k) so I can move out?
Am I within my rights to ask my wife to leave our home, after we file for divorce? The house is in my name.
The house and both of our cars are titled in my husband's name. Is it true that I have no right to these assets?
During our marriage, and even after we separated, my wife ran up many thousands of dollars of credit card debt on our joint accounts. Am I responsible for half of her debt?
Children
Is it illegal for my wife to leave the children home alone while she is at work?
My husband took our son to Mexico last weekend without my consent. Is that illegal?
I want to file for custody in CO, but how do I prove we have been here for at least 180 days?
My husband is physically abusive to me and our children. I want to take them out of state so we can be safe and live closer to my family. Do I have to let him know where we are?
My ex has been threatening me and I am afraid of him. Can I prevent him from seeing our children even though our orders state that he has visitation with them every other weekend?
Other than filing contempt citations against my ex for failing to pay his child support, what else I can do?
My child lives with me most of the time. Is the father of my child, also responsible for the medical bills incurred by our child? I claimed my girlfriends' children on my tax return last year. If we separate, will I have to pay child support?
My two children live with my former wife and our agreement allows me to see them on weekends. Last week she said they are moving out of state. Can she do this?
I have filed for divorce and now my wife is threatening to take the children out of state. Can she do this without my consent?
Is my 15 year old daughter old enough to decide on which parent with whom she would like to reside?
Do the Courts award parental responsibilities differently when the parents never married?
How does the Court define the "Decision Making" portion of the parenting agreement?
How do Courts determine how much time the children spend with each parent?
My salary is $30k per year. Do I have to include my commissions as well in the child support calculations?
How does the Court calculate child support?
When a parent has children from a previous relationship, how is child support handled when he or she is paying support for those children?
My ex-girlfriend recently gave birth to our son. I want to be a part of his life, but she will not allow me to see him. What can I do?
Is there a law that addresses children of the opposite sex sharing a bedroom?
Can I garnish my former wife's wages to obtain arrearages on child support?
My ex-husband is trying to modify the amount of child support he pays because he quit his job. Will the Court reduce the amount of child support he was ordered to pay because he is voluntarily unemployed?
Do I have to file to terminate child support when my child turns 19?
Do I have to give my newborn the biological father's last name?
When child support is modified, what date does the change become effective?
Do I have to notify my former wife that I will no longer be paying child support when our son turns 19 next month?
Can my husband gain custody of our children just because I don't have an income right now?
Can I adopt my son's newborn daughter if he relinquishes his
parental rights? The mother passed away a year ago.
What can I do about my ex-wife being consistently late for the parenting time exchange?
My ex wants me to give up my paternal rights to our daughter so her new husband can take over as the father. Can I still visit my child if I consent to this?
I just filed for divorce and I want to take my children to visit my parents in California. Can I do that as long as I come back to Colorado for the final hearing?
My ex wife no longer works because she is being supported by her new husband. Can I modify my child support payments to her now that she is voluntarily unemployed?
How do I prove that my wife has contributed to parental alienation?
How can I increase my Court ordered child support?
How long do I have to pay child support?
What is a "Child and Family Investigator" (CFI)?
For what reasons can I modify my child custody in Colorado?
What does child support cover?
Can child support be modified based on a former spouses' imputed income?
Paternity
How is paternity established in Colorado?
What are my rights as an unwed father in Colorado?
Does the Acknowledgment of Paternity form give the biological father of my child custody or visitation rights?
Step Parent Adoption
What are the Legal Grounds for Step-Parent Adoption?
Grandparents Rights
Can I get visitation with my grand kids if the parents say "no"?
Do Grandparents have the right to see their grandchildren even if the parents will not allow visitation?
How do I initiate a Grandparents Rights case?
Miscellaneous
What is the process to have my name changed?
Do I need a marriage certificate to be legally married?
I have been living with my girlfriend for 3 years. Are we common law married?
I was served with a temporary protection order that says I have to move out of my house and cannot contact my wife or children. What is a temporary protection order, and how can I have it dismissed?
What's the difference between a contested hearing and a non-contested hearing?
Post Decree
What do I do if my former husband does not follow the orders of the Court?
Q: Is it illegal for my wife to leave the children home alone while she is at work?
A: There is currently no statute that addresses the age at which a child may remain unsupervised in the home. Social Services, however, may intervene if the child is under 12, or if the child is committing acts
of violence or destroying property.
Q: My husband took our son to Mexico last weekend without my consent. Is that illegal?
A: Some parenting plans require that a parent get approval from the other parent prior to travel. You should review the parenting plan to see what travel provisions it specifies. If it is silent on such issues then no formal requirements must be followed, but as a matter of courtesy, the parent should provide the other party ample notice and an itinerary of all travel plans.
Q: I want to file for custody in CO, but how do I prove we have been here for at least 180 days?
A: Generally you will only have to prove that the child has been
residing in Colorado for 6 months if the other party contests this fact.
In order to prove residency you would provide testimony and supporting
documentation (i.e. day care receipts, doctor visit receipts, etc.)
showing that the child has been living in Colorado for the last 6
months.
Q: I want to file for custody in CO, but how do I prove we have been here for at least 180 days?
A: Generally you will only have to prove that the child has been
residing in Colorado for 6 months if the other party contests this fact.
In order to prove residency you would provide testimony and supporting
documentation (i.e. day care receipts, doctor visit receipts, etc.)
showing that the child has been living in Colorado for the last 6
months.
Q: My husband is physically abusive to me and our children. I want to take them out of state so we can be safe and live closer to my family. Do I have to let him know where we are?
A: Generally, parties are required to either obtain the consent of the
Court or the permission of other party prior to relocating.
Q: My ex has been threatening me and I am afraid of him. Can I prevent him from seeing our children even though our orders state that he has visitation with them every other weekend?
A: You may have a basis to request a temporary restraining order to prevent your ex-husband from contacting you, however, nothing you say suggests that he may be a danger to the children which means the restraining order might not allow you to stop his visits with the children. Unless you file to modify the agreement, you have to continue to obey the Courts order. However, if you choose to modify the parenting plan, you can attempt to make specific provisions regarding not allowing him to contact the home, or communicate with you while making disparaging or threatening comments.
Q: Other than filing contempt citations against my ex for failing to pay his child support, what else I can do?
A: Under Colorado law, a child support obligation is different from
other monetary obligations because it becomes a judgment the moment it is due. Child support payments are reduced to judgment when they become due and are immediately enforceable through processes such as wage garnishments.
Q: My child lives with me most of the time. Is the father of my child, also responsible for the medical bills incurred by our child?
A: Generally speaking the statute states that the parent who has
primary parenting responsibilities pays the first $250 of extra-ordinary medical expenses per year. The remaining expenses are either divided proportionally to the parties' income, or split evenly.
Q: I claimed my girlfriends' children on my tax return last year. If we separate, will I have to pay child support?
A: You cannot be held liable for child support just by claiming the
children on your tax returns. Child support is the obligation of the
biological parents unless the child has been adopted.
Q: Do I have to let the court know that my former wife's boyfriend is contributing to her household expenses? She wants a lot of extras from me and her expenses are just not that high when you factor in the fact he pays for the mortgage and food.
A: Child support is based strictly upon the parent's income. A
significant other's income is not part of the calculation. The Sworn
Financial Statement form has a space for a person to indicate how many people are living in the home (adults, children). Noting that another adult is included in the expenses is usually sufficient for the Court to understand that there is probably a contribution of income towards those expenses.
Q: My ex was laid off of his job as an electrical engineer making $200,000 per year, and is now working in a bookstore for $12 an hour. Is the Court going to use the hourly income he has from his present job or use the annual income he used to make?
A: In situations like these, Courts can rule that someone is underemployed if they could find work at a higher income, but choose not to. The Court will use his present income only if they find that it was a good faith career choice based upon his current circumstances.
Q: My two children live with my former wife and our agreement allows me to see them on weekends. Last week she said they are moving out of state. Can she do this?
A: You need to review your divorce paperwork to see if there is a
provision that addresses taking the children out of state. If there is
no such provision for her to move and take the children, you will need
to litigate the matter.
Q: I have filed for divorce and now my wife is threatening to take the children out of state. Can she do this without my consent?
A: Once a divorce action has been filed, neither party can take the
children out of state unless they have permission from the other parent or by Court order.
Q: Is my 15 year old daughter old enough to decide on which parent with whom she would like to reside?
A: In Colorado there is not a specified age at which a child can
determine the parent with whom they choose to live. You can file a
motion with the Court requesting a modification, in which case the
child's wishes can be considered, but that does not guarantee the Judge will rule in favor of the child's request. To what extent the Court
takes the child's wishes into consideration completely depends on the
child' maturity, the reasonableness of the request, and to what extent
the Court perceives the child's wishes as his own and not a request that
has been influenced by the parent.
Q: Do the Courts award parental responsibilities differently when the parents never married?
A: Regarding matters involving parenting issues, the Courts use the
same standards for married and unmarried couples.
Q: How does the Court define the "Decision Making" portion of the parenting agreement?
A: Decision making responsibility is the part of the parenting plan
that addresses major decisions, like religion, education, medical care,
extra curricular activities, etc. Day to day decisions such as hygiene,
diet, clothing, etc. is made by the parent who is caring for the child
that day.
Q: How do Courts determine how much time the children spend with each parent?
A: Parenting time is decided based on what is in the best interest of
the children. Multiple factors are considered, and include the age of
the child, the physical distance between the parents' residences, and
the child's physical, emotional, and educational needs. If either party
has a criminal history, that is likely to be relevant, as well as the
parents' ability to maintain a respectful relationship, and to promote
healthy parent-child interactions.
Q: How long must I be married before I can receive spousal support?
A: There is no specified length of time that a couple must be married
that determines whether or not a party can receive spousal support. The
length of the marriage is only one factor that is taken into account
when determining a maintenance award.
Q: My salary is $30k per year. Do I have to include my commissions as well in the child support calculations?
A: Income from all sources, including commissions, is to be included in
the computation of child support.
Q: How does the Court calculate child support?
A: The amount of child support depends on the gross monthly income of both parties and the number of overnights each party has with each child. Expenses associated with childcare, health care, insurance, and other extraordinary expenses also apply. By statute, the amount is often calculated using computerized child support software and calculators, and the resulting amount is used as a guideline to determine child support. To use the calculator, please access the following website:
http://www.courts.state.co.us/chs/court/forms/domestic/
electronicworksheets.htm
Q: When a parent has children from a previous relationship, how is child support handled when he or she is paying support for those children?
A: At the time of the initial establishment of a child support order, or in any proceeding to modify a support order, if a parent is also legally responsible for the support of other children for whom the parents do not share joint legal responsibility, an adjustment shall be made revising the parent's income prior to calculating the basic child support obligation for the children who are the subject of the support order if the children are living in the home of the parent seeking the adjustment or if the children are living out of the home, and the parent seeking the adjustment provides documented proof of money payments of support of those children. The amount shall not exceed the schedule of basic support obligations listed in this section. For a parent with a gross income of one thousand eight hundred fifty dollars or less per month, the adjustment shall be seventy-five percent of the amount calculated using the low-income adjustment described in sub-subparagraphs (B) and (C) of subparagraph (II) of paragraph (a) of subsection (7) of this section based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. For a parent with gross income of more than one thousand eight hundred fifty dollars per month, the adjustment shall be seventy-five percent of the amount listed under the schedule of basic support obligations in paragraph (b) of subsection (7) of this section that would represent a support obligation based only upon the responsible parent's income, without any other adjustments for the number of other children for whom the parent is responsible. The amount calculated as set forth in this subparagraph (I) shall be subtracted from the amount of the parent's gross income prior to calculating the basic support obligation based upon both parents' gross income, as provided in subsection (7) of this section.
Q: I was recently laid off and want to know if I can stop paying
maintenance?
A: In spite of the fact that you are no longer employed, you are still
under a legal obligation to pay maintenance. Depending on your
situation however, you might be able to request a modification, but if
your unemployment is temporary, the Court is not likely to modify the
previous order.
Q: Eleven months ago, I was ordered to pay maintenance to my ex wife for a period 10 years. I have recently become disabled and am no longer working. Can I get the amount of the maintenance award lowered or even stopped?
A: You can request that the Court modify the maintenance provision
based upon a significant change in circumstance unless your separation agreement states that maintenance cannot be modified.
Q: What can happen to me if I don't pay maintenance?
A: If there is a Court order directing you to pay maintenance, and you
are in violation of that order, you can be held in contempt of Court,
which can be punishable by a jail sentence. The Court could also order
you to pay interest on the unpaid amounts, plus the attorney fees of the
party to whom maintenance is owed.
Q: I found out my husband was cheating on me and taking expensive vacations with his new girlfriend. Will the Court consider his actions when dividing marital property?
A: Because Colorado is a no-fault divorce state, it does not matter why the marriage ended or who caused the break up. The Courts, however, will consider the amount of money spent on the spouse's new love interest when dividing marital assets.
Q: My husband makes $80k per year. How much will I be awarded in maintenance?
A: While it is not possible to give you an exact estimate of how much
you could be awarded in maintenance, the following includes the primary factors that the Court will consider in determining the amount of
maintenance to be paid when the parties' combined annual gross income is more than seventy-five thousand dollars:
1. The financial resources of the party seeking maintenance, including
marital property apportioned to such party, and the party's ability to
meet his or her needs independently, including the extent to which a
provision for support of a child living with the party includes a sum
for that party
2. The time necessary for the party seeking maintenance to acquire
sufficient education or training to enable them to find appropriate
employment. The party's future earning capacity is also considered
3. The standard of living established during the marriage
4. The duration of the marriage
5. The age and the physical and emotional condition of the spouse
seeking maintenance
The amount of maintenance can be negotiated and agreed upon by the
parties involved as long as it is not unconscionable. Additionally,
maintenance can always be waived and a party can use the waiver of
maintenance as a bargaining tool to receive a particular marital asset
or some other benefit. Maintenance usually ranges from 3-5 years, but
is dependent on the above noted factors and can vary significantly.
Q: My ex-girlfriend recently gave birth to our son. I want to be a
part of his life, but she will not allow me to see him. What can I do?
A: A paternity action can be filed with the Courts in the county in
which your former girlfriend and son currently reside. As part of the
paternity action, you can also request a DNA test. If you file an
allocation of parental rights, the Court will enter orders concerning
parental responsibilities, parenting time, and child support.
Q: Is there a law that addresses children of the opposite sex sharing a bedroom?
A: There is no law regarding opposite sex children sharing rooms. However the court will determine whether or not this is acceptable based on the best interest standard and likely take into account the age of the children sharing rooms, financial resources and any available alternatives to the arrangement.
Q: What is a QDRO?
A: A Qualified Domestic Relations Order (QDRO) is a domestic relations order, which allows payouts from a retirement plan to a former spouse. The QDRO is necessary when dividing a retirement account pursuant to divorce proceedings due to the restrictions placed on pensions by Internal Revenue Code and Employee Retirement Income Security Act (ERISA). A QDRO is necessary to assure that a former spouse may receive benefits as an alternate payee, because without it the benefits may only be paid out to the individual employee who earned the benefits.
Q: Does my soon to be former husband have a claim to the insurance settlement I will be receiving from automobile accident that occurred during our marriage?
A: A personal injury settlement is considered marital property if it
arises from an accident which occurred during the marriage. Even if the
settlement is for the pain and suffering of one spouse, it is still
considered marital property. Based on the information you provided,
your husband could potentially have a claim to a portion of the
settlement.
Q: My wife of 18 months just left me for another man. Can I ask her for the engagement ring back?
A: If the ring was an engagement ring, Colorado law will consider it a gift you gave to your wife and it is unlikely that you will get it back. If the ring has significant monetary value, however, it is possible for the Court to consider it a marital asset.
Q: During my marriage, my mother gifted me money every year and I deposited the funds into my personal savings account. Do I have to disclose this account?
A: Both parties in a divorce are legally obligated to disclose all assets at the time of divorce regardless of whether they are believed to be marital or separate assets. If your husband was made aware of the account before the divorce was final, he could ask the Court to set aside the property division until the funds were taken into account. Additional consequences could include the Court finding you in contempt and ordering you to pay your husband's attorney fees.
Q: Does the Court require divorcing couples to go through counseling before obtaining a divorce decree?
A: The only counseling requirement that currently exists in Colorado is a mandatory 3 hour parenting class for divorcing couples who have children.
Q: What is mediation, and why did the Court order me to attend a session?
A: Mediation is often ordered by Courts to determine if the case can be resolved before the Judge makes the final decision. Mediation is conducted by a neutral third party, who may or may not be an attorney. The process requires that the mediator listen to both parties and work with them in an attempt to create a settlement. It is not necessary, however, that an agreement between the parties be reached during the session.
Q: How do I obtain an annulment?
A: A declaration of invalidity can be used in cases where a person was:
1. Unable to consent to the marriage because of mental infirmity or incapacity. The incapacity can be caused by drugs or alcohol.
2. Unable to consummate the marriage and the other partner did not know of the problem.
3. Married based on a fraudulent representation of the other party that pertained to the basis of the marriage.
4. Married under duress caused by the other party or a third party.
5. Married as part of a jest or dare.
The action for Declaration of Invalidity for these reasons must be filed within six months of discovering the reason. If a person finds out that their partner could not consummate the marriage, he must file the action within 6 months of discovery of the problem. If he does not file within six months, dissolution is the only remedy.
Q: Can I get visitation with my grand kids if the parents say "no"?
A: You can file for Grandparent visitation if there is a former case involving the children. A case could be allocation of parental responsibilities, a divorce, or other such cases.
The standard to meet the visitation requirement is relatively high. You will have to overcome the presumption that the fit parent's (presumably mother's) decision regarding your time with the kids is not in their best interest and then submit a proposed visitation plan that is in their best interest.
Q: I was ordered pay maintenance to my wife for 6 years, but she remarried last month. Can I stop paying maintenance now?
A: It is possible you can stop paying maintenance, but you should review your separation agreement before terminating your payments. In most cases, when the person receiving maintenance remarries, maintenance payments are terminated.
Q: Can I change the date of the ISC? I will be traveling on business that day.
A: The Initial Status Conference is set by the Court, but they will generally allow you to reschedule. However, you may be required to obtain the other party's consent before the date can be changed. If you cannot change the hearing date, you can request that you be allowed to testify by telephone. If you hire an attorney, they can appear on your behalf, but the court will still want you to call in for the hearing.
Q: Does the Acknowledgment of Paternity form give the biological father of my child custody or visitation rights?
A: Although custody issues are determined by the Court, visitation terms can be arranged informally between the mother and the father.
Q: My husband left me and our 3 children last year. Can I divorce him for abandonment?
A: Colorado is a no fault divorce state and no reasons are required for divorce other than the belief that the marriage is irretrievably broken.
Q: What is an "Initial Status Conference"?
A: A: The initial status conference is often the first Court date in your divorce case. The Court meets with both spouses at the ISC to determine how the case is progressing and what issues need to be addressed. If there are issues on which you and your spouse cannot agree, the Court may order the parties to attend a mediation session and/or set the matter for a contested hearing.
Q: Will I have to attend a hearing or several hearings when I divorce?
A: There will be at least one hearing. First there is an initial status conference, where the court will ask you to describe your issues and appoint any necessary experts. Generally, no substantive orders will be issued at that time unless it is just to approve agreements that you make with your husband. Then, you may have a Temporary Orders hearing, where the Court will decide things like who pays what during the divorce and how parenting time shall be divided until the Permanent Orders hearing. Then, you will have a Permanent Orders hearing where the Court will make the final decisions as to parenting time, division of assets and debts, child support, maintenance and other issues. However, at any time after the Initial Status Conference and completing the financial disclosure process, you can submit a signed Separation Agreement and Parenting Plan so that you do not have to attend any additional hearings. It is virtually impossible to tell you when your hearing will take place as much of that depends upon how long it takes you and your husband to complete the disclosure process. However, the Court cannot enter a decree of dissolution of marriage until after 90 days has expired from the time of the filing of the Petition for Dissolution of Marriage if you file as Co-Petitioners or from the time that you are served.
Q: During our marriage, and even after we separated, my wife ran up many thousands of dollars of credit card debt on our joint accounts. Am I responsible for half of her debt?
A: Courts will divide debts and assets on an equitable basis. Regarding the debt accumulated during the marriage, there remains a strong possibility that the Court will divide it equally, unless a strong case is presented that one person should be held responsible. Debt accumulated after you file for divorce is still considered marital debt; however, Courts often award the post-filing debt to the party that incurred it.
Q: Is it necessary to serve my spouse with divorce papers after I file?
A: In order for the divorce to proceed, the opposing party must be put on notice of the proceeding. The Judge cannot enter orders until the party has been properly served.
Q: Is it possible to continue my coverage on my wife's health insurance after we divorce?
A: Once you are divorced you can not be covered under your wife's health insurance. It is likely, however, that you would be eligible to continue your insurance coverage through COBRA for up to 3 years if you pay the premiums. In some cases where one of the parties has significant medical concerns, the parties often file for a legal separation to allow the spouse with health issues to remain on the other's health insurance.
Q: What forms are required in order to obtain a divorce?
A: The forms necessary to obtain a divorce in Colorado include: Sworn Financial Statements, an Affidavit of Non-Appearance, Decree, Separation Agreement and Support Order (if there is maintenance). You are required to complete all of these forms and file them with the Court. Upon the expiration of 90 days from the date the Petition is filed, the Court can enter your decree.
Q: How long is a legal separation valid?
A: Once the Court enters a decree of legal separation, it is effective for at least six months. After that period of time, either party can request that the legal separation be converted to a decree of dissolution of marriage even if the other party objects. If neither party requests a conversion, the legal separation will remain in effect indefinitely.
Q: I was served with a temporary protection order that says I have to move out of my house and cannot contact my wife or children. What is a temporary protection order, and how can I have it dismissed?
A: Any party can go to Court and request a temporary protection order. After the order is signed and the other party is served, a hearing takes place in about 14 days. Both parties have the opportunity to present their side at the hearing as to why or why not the protection order should be made permanent. Provisions regarding the visitation with the children remain in effect for 120 days, but other provisions may be permanent. You can petition the court to have a permanent protective order dismissed after 4 years have passed.
Q: How long will our divorce take?
A: The minimum amount of time it takes to obtain a divorce in Colorado is 90 days, but if there are child involved, they must live in this state for at least 6 months before the Court will address the allocation of parental responsibility.
Q: How do I initiate a Grandparents Rights case?
A: In order to file an action for grandparent's rights, there generally needs to be either an existing Court action open, such as a divorce or a custody case, between the parents, or to allege that the child has been in the grandparent's physical custody for at least 6 months.
If either or both of these situations are applicable, the grandparent has the right to petition the Court to order visitation with the child. Generally, speaking there are due process presumptions that a parent has the right to determine the scope of grandparent visitation. To rebut this, clear and convincing evidence must be submitted to the court that shows that a visitation schedule with the grandparent is in the child's best interest.
Q: My husband of 4 years left me and I don't know where he is. Can I divorce him without having his current address?
A: In situations where a spouse cannot be located and thus cannot be served with the divorce papers, it is still possible to obtain a divorce. The process requires that you to provide notice through "publication." The procedure entails placing an announcement in local newspapers where the opposing party is likely to find them. If after a certain period of time has lapsed the spouse does not respond to the notification, the Judge can grant dissolution of marriage.
Q: What are the Legal Grounds for Step-Parent Adoption?
A: Legal grounds for a step-parent adoption require either:
- The consent, or voluntary surrender, of all parental rights, by the non-custodial birth parent, or
- The involuntary termination by the Court of the non-custodial parents' rights based upon non-support or abandonment.
If the birth parent whose rights are sought to be terminated consents to the step-parent adoption, he or she will file the consent with the Court. If he or she does not agree, Colorado law requires that a showing be made that the child has been abandoned either financially or emotionally and it is in the best interests for that parent's rights to be terminated. An affidavit must be provided indicating that the other birth parent has abandoned the child for a period of at least one year, or has failed without cause to provide reasonable support for such child for a period of one year or more; and ultimately providing testimony regarding the same.
Q: Instead of going back to my maiden name, can I create an entirely new last name after my divorce?
A: There is a section on the Petition for Dissolution of Marriage or
Legal Separation document that allows you to request that your name be restored to a previous name. Changing to an entirely new name can be accomplished using a separate name change petition.
Q: How is paternity established in Colorado?
A: Paternity can be established by several methods:
- A judge or other judicial officer of a Colorado Court may enter an order.
- The county Child Support Enforcement Unit may also establish paternity, and unmarried parents can also sign an Acknowledgment of Paternity form at the hospital when the child is born.
Q: How can I increase my Court ordered child support?
A: Generally, you can only modify child support when the end result will be 10% higher or lower than the current amount. Changes in the amount of income, daycare expenses, health care expenses, and changes in the amount of parenting time are all factors that can alter the amount of child support.
Q: How long do I have to pay child support?
A: Generally, both parents have a financial obligation to support their children until they turn 19 or otherwise become emancipated.
Q: What is temporary maintenance?
A: There are two forms of maintenance: temporary and permanent.
- Temporary maintenance is Court ordered spousal support to be paid to a party while the divorce action is pending.
- Permanent maintenance is spousal support ordered after the divorce is final. The term permanent maintenance does not mean that spousal support is paid indefinitely because the length of permanent maintenance depends on the factors considered when a Court decides to award maintenance.
Q: Am I within my rights to ask my wife to leave our home, after we file for divorce? The house is in my name.
A: If the parties in a divorce proceeding cannot agree who stays in the marital home, the Judge will make a decision for them. The fact that the house is in your name only may or may not be a deciding factor.
Q: The house and both of our cars are titled in my husband's name. Is it true that I have no right to these assets?
A: Regardless of how the assets are titled, assets obtained after the date of your marriage are considered marital assets. The Court will divide the marital assets on an "equitable basis", but necessarily an equal one.
Q: Can I ask my spouse to pay for the divorce?
A: You can request that your spouse pay for your attorney's fees, but there is no guarantee that the Court will grant your request. The Court will compare your relative positions in regard to income and property and if there is a disparity, the Court will generally attempt to create a balance by awarding requested attorney fees.
Q: My wife of 3 years wants to adopt my daughter from a prior marriage. We have not heard from the biological mother in over a year and are unsure of her whereabouts. How do we proceed?
A: When a parent has had no contact with his or her child for a period of one year, and/or has not paid child support for at least one year, evidence of the biological parent's abandonment of the child can create grounds for the step-parent adoption.
Q: What is a "Child and Family Investigator" (CFI)?
A: A "Child and Family Investigator", CFI, is an individual appointed
by the Court to conduct an investigation and make recommendations to the Court regarding parental decision making and parenting time. The CFI is usually a licensed therapist or has a background in psychology and/or counseling.
Q: Do Grandparents have the right to see their grandchildren even if the parents will not allow visitation?
A: A grandparent has the right to petition for visitation if the parents are divorced or separated. However, in order to rebut due process presumptions in favor of the parent deciding on appropriate visitation with the grandparents, the grandparents must demonstrate by clear and convincing evidence that the visitation schedule they seek, and not the visitation schedule the parent seeks, is in the best interests of the child.
Q: What are my rights as an unwed father in Colorado?
A: It is difficult to say with any certainty what rights an unwed father has prior to the determination of parental responsibility. This is one of the reasons why the father should submit to a paternity test after the child is born. Since Colorado favors the involvement of both parents, the Court usually gives each parent at least some parenting time. Parents have constitutional rights to determine how their children are raised, but in Colorado those rights are balanced against the best interests of the child.
Q: For what reasons can I modify my child custody in Colorado?
A: Colorado allows for Court ordered modifications of parenting plans if the Court finds that a change has occurred and the modification is necessary to serve the best interests of the child.
