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Family Law

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Frequently Asked Divorce Questions

Colorado Divorce Questions

Do I need an attorney to get divorced?

The state of Colorado is a no-fault divorce state, and an attorney is not mandated. The outcome of the divorce proceedings, however, will frame your future, your finances and your relationship with your children.

While some people think that they can split amicably without a lawyer, issues almost always arise that can create deep rifts and cause lasting emotional and financial damage.

At Tolison & Williams, Attorneys at Law, LLC, we are experienced in guiding individuals through this process, minimizing stress and ensuring that their futures are protected.

Call us today at 800-331-0745 for a consultation.

How is property divided in Colorado?

Colorado is an equitable distribution state, meaning that all marital property will be divided equitably during a divorce. That does not necessarily mean 50-50; the court will approve a decree that divides the property so that both parties walk away with roughly the same value amount. Debt will also be divided equitably.

Marital property is any property that the two spouses hold during the marriage, including value added to accounts, property or investments. Separate property, which won't be included in the division, includes property that is brought into the marriage (earned previously) or property that is specifically gifted to one spouse through inheritance.

How will custody be decided?

The state of Colorado refers to child custody as parental responsibility. The courts seek to create an arrangement where the child has a healthy relationship with both parents, spending as much time as possible with both. If the court feels that it is in the child's best interests to spend more or all of the time with one parent, it will make those arrangements to protect the child.

Does Colorado grant alimony?

Colorado refers to alimony or spousal support as maintenance. This is granted based on a range of factors, including duration of the marriage, sacrifices made for the other spouse, earning potential of both spouses, standard of living, education and career opportunities.

Temporary maintenance can be granted, in some cases, as the divorce is proceeding and can include attorney fees. Final maintenance decrees can be structured in several ways:

  • Permanent rehabilitative — The dependent spouse is granted maintenance long enough to find a job or complete education and training, thus becoming independent.
  • Permanent reimbursement — If one spouse sacrificed education or career opportunities to support the other spouse in his or her own professional development, that spouse may be granted maintenance to compensate him or her for the sacrifice.
  • Permanent modifiable — If one spouse shows deep financial need, including medical conditions, maintenance may be granted that can be modified should his or her circumstances change.
  • Permanent contractual (non-modifiable) — The spouses decide upon this amount of maintenance between themselves. The agreement cannot be changed by the court later.
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