James T. Anest P.C.
Attorney's At Law
James T. Anest P.C.
11020 Pikes Peak Dr. #210
Parker, Co 80138
P: (303) 841-9525
F: (303) 841-0881
Dissolution in Colorado:
It typically takes 6 to 12 months to obtain a divorce in Colorado and often much longer. Colorado is a no-fault state which means that the fault of the other party or the conduct of the other party is often not an issue. Accordingly, a divorce can be granted only on no-fault grounds and Colorado divorce courts will not hear evidence on grounds of adultery, cruelty, and desertion, except in the most of extreme circumstances.
Child custody and visitation are often difficult issues in a divorce and can become highly contentious. In every Colorado divorce, legal separation, annulment, or paternity case involving children, Colorado courts consider the “best interests of the child” to determine Colorado child custody and visitation. There is no presumption favoring either parent as the custodial parent. The parenting plan may be awarded solely to one parent or jointly to both. The parenting time can be a shared arrangement where both parents retain joint responsibility for care and decision-making, regardless where the children may reside and where the parents share physical time and care of the children; or some combination of the two. The court is required to ensure minor children have frequent and continuing contact with both parents, as appropriate, and to encourage parents to share in the responsibilities of rearing their children.
CHILD SUPPORT ISSUES: In Colorado, both parents owe a duty of support to their minor children. A schedule of basic child support obligations is based on the combined gross incomes of the parents, giving consideration to expenditures for work-related child care, children’s health care coverage, and children’s extraordinary medical and dental expenses. From this schedule the court will determine a monthly payment obligation. The courts prefer not to deviate from this schedule. In addition, spousal support (temporary alimony) may be awarded by the court when a suit is pending, until the parties enter into a final settlement agreement, or when the court enters a final alimony award.