Court Terms	Term in Resource
Dissolution of Marriage - divorce	Divorce
Petitioner - wife or husband who files for dissolution of marriage	Wife or husband who files for divorce
Respondent - Petitioner's wife or husband	Wife or husband who is being divorced
Allocation of Parental Responsibilities - Refers to parenting time and decision-making responsibilities for the children of the marriage	Custody, or assigning responsibility
Parenting Time - time each parent spends with the children, as determined by the court to be in the best interests of the children.	Time parents spend with children
Maintenance - the same as alimony (financial support) for wife or husband, separate from child support	Alimony
Filing Pro Se - representing yourself in court.	Representing yourself in court
Grounds for Dissolution of Marriage - the marriage is irretrievably broken (it cannot be repaired)	Broken marriage

• 90 days - the amount of time either the wife or husband must be a resident of Colorado before a divorce action can be filed in this state.
• 6 months - the amount of time children must have lived in this state before Colorado courts have the right to determine custody.
• 90 days - the minimum amount of time which must pass, after a divorce action is filed and the wife or husband is served, before final orders can be entered.  (Final orders include declaring a husband and wife 'divorced', and settling issues of property, debts, children, etc.)

a. Is the marriage irretrievably broken?
If the person who is being divorced does not agree that the marriage is irretrievably broken, he/she may state that in his/her Response, and the court will make a determination as to whether or not grounds for a divorce exist.

The court can delay the final hearing for a time, and can suggest (but cannot order) that the parties get counseling. If the parties still disagree on this issue at the continued hearing, the court will make a ruling (decision). In general, if at least one party feels that the marriage is over, the court will agree.

b. What about the children?
Courts in Colorado no longer enter custody orders. Instead, courts determine the "allocation of parental responsibilities". Parental responsibilities include parenting time and decision-making.

See the question "How do the courts decide custody of the children and who will make childcare decisions?" below for more information on this issue. 

c. Child Support.
Whenever there are children of the marriage, both parents will be required to file Sworn Financial Statements (statements of finances) with the court. The court will use these to determine the amount of child support to be paid.

The formula for child support is based upon both parents' adjusted gross incomes, and is in the Colorado statutes (laws). Each parent's share of child support will be determined based upon the physical care arrangements for the child.

Click here to view more detailed information on child support.

d. Maintenance (alimony).
Courts will award temporary maintenance, while the divorce action is pending in court, based on a formula set out in Colorado law.

To request a maintenance order that will be in effect after the divorce is granted, a party must meet a different standard. The court will consider several factors for permanent maintenance, including the following:

• A party's ability to support him/herself, taking into consideration how marital property was divided between the parties and any child support awards that might include money for a wife or husband, 
• The time needed for a wife or husband to obtain education or training needed to support himself or herself, and how much he or she might be able to earn in the future, 
• The standard of living established during the marriage,
• The duration of the marriage,
• The age and physical and emotional condition of the wife or husband seeking maintenance, and
• The ability of the wife or husband who would be ordered to pay maintenance, to support himself or herself while paying maintenance.

Also, the court will consider whether a maintenance order should be permanent or for a set period of time.

If maintenance is not requested at the time of the divorce, it cannot be requested after the decree is entered. Parties should be certain they won't need maintenance before agreeing to waive their rights to request it forever. A request for a small amount of maintenance will keep the door open to go back in the future and request more maintenance.

e. Property.
Marital property is divided between the parties by the court, which will consider the following:

• Each party's contributions to obtaining the property (including the contributions of a wife or husband who acts as homemaker during the marriage)
• The value of each party's share
• The economic circumstances of each party at the time of the divorce, and which party might need to provide a home for children
• Any increases or decreases in the value of property which only one party owns (which would include property owned before the marriage or property received as a gift or inheritance), or a party's use of their separate property for the benefit of both husband and wife.

"Marital property" means all property acquired by either party during the time of the marriage, except gifts, inheritances, or property acquired in exchange for a party's separate property owned before the marriage. Property acquired after a decree of legal separation, or property that the husband and wife agree should belong to only one of them, is also not considered "marital property".
(Before a party agrees that property should belong only to their husband or wife, it is a good idea to ask an attorney whether that is reasonable or not.)

Property acquired by either party before a marriage will be considered marital property to the extent that the value of the property increased during the marriage (the increase in value is marital property). The value of the property is based upon its value at the time the decree is signed by the court, or at the time of a hearing on property issues, if such a hearing is held.

Remember that marital property can include:

• Pensions and other retirement plans
• Life insurance policies
• Tools or other equipment or materials
• Hobby collections
• Businesses and their assets
• Houses
• Cars, motorcycles, RV's, sports equipment, etc.
• Furniture

In other words, it doesn't matter who has the property, who bought the property, whose name the property is in, or whose name is on the loan if it was bought during the marriage, it is probably marital property. Parties should consult an attorney for an opinion on what is and is not marital property and how the court will determine a fair division of property. Colorado is not a community property state.

f. Debts
Division of debts is considered at the time of property division, and is also intended to provide a fair division between the parties based on the assets given to each party, and each party's ability to pay. However, if the parties have joint debts, creditors may still have a legal right to sue either party, regardless of which party takes responsibility for the debt in the divorce action.

g. Return of prior name to wife.
The wife can ask to resume use of her maiden or prior married name, and the court will usually agree, unless it can be shown that she wants to change her name for fraudulent purposes (for instance, to try to avoid creditors). A husband can object to the name change only if he can show that it is being done in an attempt to defraud someone. A husband cannot force his wife to change her name.

h. Some courts will require you and your husband or wife to attend mediation to try to settle your case.
The court will give you a list of local mediators. If you are able to settle your case with your husband or wife before the court's deadline for mediation, you will not be required to attend mediation. If you don't settle your case, however, you must attend mediation if your court requires it.

i. In some cases, hearings to establish temporary orders on use of property, debt payments, division of parental responsibilities, or other issues, may be held.

j. As soon as possible after the expiration of the 90-day waiting period, a final orders hearing will be held. This hearing can be waived in some circumstances.

How do the courts decide custody of the children and who will make childcare decisions?

Courts in Colorado no longer enter custody orders. Instead, courts determine the "allocation of parental responsibilities". Parental responsibilities include parenting time and decision-making.

This is how it works:

i. Assigning parenting time
There are several factors which courts must consider when deciding parenting time. The main concern in any decision affecting children is to decide what is in "the best interests of the child". There is no age at which the child's wishes are automatically considered by the court. The court may consider the wishes of the parents and also of the child, but does not have to follow the wishes of either parent or of the child, if the court does not feel those wishes are in the best interest of the child.

Courts will look at the following:

• The wishes of the child's parents as to parenting time,
• The wishes of the child, if he or she is mature enough to express an independent opinion (there is no age at which a court has to consider a child's wishes), 
• The child's relationship and interaction with parents, siblings, and other significant people in the child's life, 
• The child's adjustment to home, school, and community, 
• The mental and physical health of all parties, parents, children, and others although a disability is not in itself a reason to deny or restrict parenting time, 
• The ability of each parent to encourage the sharing of love, affection and contact between the child and the other parent, 
• Whether the past history of involvement with the child reflects a "system of values, time commitment, and mutual support", 
• The physical distance between the parents' homes, which might affect practical considerations such as travel time for visits, 
• Whether one parent has been a perpetrator of child abuse or neglect in any state, 
• Whether one parent has been a perpetrator of abuse of their wife or husband, and
• The ability of each parent to place the needs of the child ahead of his or her own needs.

ii. Assigning decision-making responsibility.
Who makes the decisions about the child's education, religious upbringing, health care, recreational activities, etc.  Decision-making can be assigned to one parent, or to both parents jointly, or to each parent for different issues. The court's main concern is to do whatever is in the "best interests of the child".

The court will look at several things, including the following:

• Whether the parents can cooperate and make decisions together, 
• Whether the parents' past pattern of involvement with the child reflects a system of values, time commitment, and mutual support that would indicate that they can make decisions together and be supportive and positive with the child in their decision making, 
• Whether mutual decision-making by both parents will help the parents have more frequent or continuing contact with the child, and
• Whether either parent has any convictions for child abuse or abuse of their wife or husband.

Neither parent is automatically presumed to be a better decision-maker. A parent's absence from the home and from the child due to fear of abuse by the wife or husband cannot be held against him or her. A court also cannot consider conduct by either wife or husband which does not directly affect the parent's relationship to the child.

Regardless of which parent is assigned decision making for medical decisions, either parent may take action in a medical emergency to provide necessary care for the child.

iii. Parenting Plans
Under Colorado law, parents are encouraged to work out a plan for assigning parental responsibilities (discussed above). If the parents cannot work out an agreement, or if the court doesn't approve the parenting plan which one or both parents submit to the court, then the court can determine a parenting plan. The primary consideration is "the best interests of the child".

Parents can be ordered into mediation in an attempt to reach agreement on a parenting plan, and some courts require mediation in every case where the parents are not able to reach an agreement by themselves. Some courts also require Parenting Classes, which are usually three hour sessions designed to help parents understand what their children are going through during a divorce. Courts can also appoint a person to serve as a Parenting Coordinator, to help parents settle disputes concerning parental responsibilities including difficulties in carrying out a Parenting Plan.

Courts may appoint an attorney to serve as the legal representative of the child, to represent the best interests of the child (not necessarily the child's wishes). Courts may also appoint a Child and Family Investigator, whose job is to investigate, report and make recommendations concerning the issues assigned by the court. Parents can also request that a custody evaluation be done. Each of these options involves cost to the parents. Parenting Plan forms are available on the Colorado Judicial Branch website.

b. Unless the parties have filed as Co-Petitioners, the person receiving the papers must be served with the Petition and Summons (handed the papers), by either:

i. Personal service - by a sheriff or private process server (you cannot serve your husband or wife),

ii. Waiver of Service - the Respondent signs a paper agreeing to accept the divorce papers without having a sheriff or private process server perform services of process, or

iii. Service by Publication - the wife or husband has disappeared and his/her location cannot be found. The person filing for divorce must make every effort to find his/her wife or husband (Service by Publication limits the orders a court can make.)

c. A ninety-day (minimum) waiting period follows the time the party who is being divorced is served, during which the parties exchange disclosure documents, and hopefully work out a Separation Agreement and Parenting Plan. If a court hearing is held to obtain final orders, it may take longer than ninety days to get a hearing date.

d. Courts will often provide you with a Case Management Order after you have filed your case. The Case Management Order will tell you what you need to do before your case can be decided by the court. You should read the Case Management Order carefully to find out what you are required to do. The Order will tell you that you have to file your financial disclosure, and will tell you if your court requires you to attend a Parenting Class or mediation. These are discussed below.

e. Within 40 days of filing together as Co-Petitioners, or 40 days after serving your husband or wife, you must file a Sworn Financial Statement with the court, and must give a copy of the Sworn Financial Statement, along with other financial information, to your husband or wife. A list of mandatory (required) disclosures is available on the court website, along with the Sworn Financial Statement, and the form to report to the court that you have completed your disclosures (Certificate of Compliance with Mandatory Disclosures). The purpose of requiring both husband and wife to give each other all their financial information is to make sure that each party is aware of the other party's financial situation and nothing is hidden while the parties are trying to come to agreement with each other on property, debts, child support and maintenance issues.

f. If you have children, many courts will require you to attend a Parenting Class. Most of these classes are held on Saturday, and usually take about three hours.

h. Some courts will require you and your husband or wife to attend mediation to try to settle your case. The court will give you a list of local mediators. If you are able to settle your case with your husband or wife before the court's deadline for mediation, you will not be required to attend mediation. If you don't settle your case, however, you must attend mediation if your court requires it.

i. In some cases, hearings to establish temporary orders on use of property, debt payments, division of parental responsibilities, or other issues, may be held.

j. As soon as possible after the expiration of the 90-day waiting period, a final orders hearing will be held. This hearing can be waived in some circumstances. (See question regarding "Affidavit for Decree without Appearance of Parties" below.)

Neither party is allowed to:

• Harass or molest each other
• Remove the children of the marriage from the state
• Cancel or modify insurance policies (including health, homeowner's, renter's, car, or life insurance policies)

• There are children of your marriage, and you have come to an agreement with your husband or wife on all issues about the children, and both of you are represented by attorneys.
• There is marital property to be divided, and you have come to an agreement with your husband or wife about how to divide the property between you
• There are no children of the marriage and there is no marital property to be divided.

The Colorado Judicial Branch website has free forms and instructions - click here to access all the Domestic Forms.  Click the title of the form or instructions that you are looking for

Updated 06/09
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