Rocky Mountain high. Not so much when you are facing an impending divorce. If you are here and find yourself confused on what to do and when, consider getting this helpful guide. Now take a deep breath. If nothing else, we'll give you some answers and ease your anxiety. Don't forget to chat here. If you're having a tough time coping, perhaps you should view this page first.

Child Support

Colorado child support guideline was revised January 1, 2003. Child support is calculated using a mathematical formula.

If either of the litigants monthly adjusted gross income, or their combined monthly adjusted gross income is less than $850, a minimum order of $50 is implied. If the parent with the fewer overnights per year earns $850 or more, but no more than $1,850 per month, he or she is eligible for a low income adjustment. The parent pays a basic minimum amount, depending on the number of children, and pays an additional 40% of every dollar between $900 and $1,850 of monthly income. If the low income adjustment results in a child support award that exceeds the amount in the schedule, the schedule amount should be entered.

The Guideline provides calculated amounts of child support to a combined adjusted gross income level of $20,000 per month ($240,000 per year). For cases that exceed this level, the court may decide on a case-by-case basis but may not order less than the amount on the schedule for $20,000.

Calculations for child support for children under age 19 or still in high school, or are disabled are guided by different formulas depending upon the number of overnights.

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• Income is defined as:
• income from salaries;
• wages, including tips;
• commissions;
• payments received as an independent contractor for labor or services;
• bonuses;
• dividends;
• severance pay;
• pensions and retirement benefits; royalties;
• rents;
• interest;
• trust income;
• annuities;
• capital gains;
• any monies drawn by a self-employed individual for personal use;
• social security benefits;
• workers’ compensation benefits;
• unemployment insurance benefits;

  disability insurance benefits;

• funds held in or payable from any health, accident, disability, or casualty insurance;
• monetary gifts;
• monetary prizes, excluding lottery winnings;
• taxable distributions from general partnerships, limited partnerships, closely held corporations, or limited liability companies;
• alimony or maintenance received; and overtime pay only if the overtime is required by the employer as a condition of the employment.

If a modification of an existing child support order is requested, the amount of each parent’s court-ordered contribution for post-secondary education for a child should be subtracted from each parent’s gross income.

Amounts paid by parties for health insurance premiums which cover the child(ren) subject to the order are apportioned between the parties.

Colorado child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact.

• The desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
• The wishes of the parents;
• The child’s adjustment to his or her home, school, and community;
• The mental and physical health of all individuals involved;
• The relationship of the child with parents, siblings, and other significant family members;
• Any child abuse or spouse abuse by either parent;
• Whether a parent’s past involvement with the child reflects a system of values, time commitment, and mutual support;
• The physical proximity of the parties to each other;
• The ability of each party to place the needs of the child ahead of his or her own needs. Visitation may be restricted if there is a danger to the child.

The courts apply the “best interests of the child” principal when deciding who gets custody without regard to the sex of the parent, and after considering the following factors:

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Child Custody

Colorado uses the " best interests of the child" basis for the purposes of determining child custody and parenting time. Court will consider all relevant factors, including:

	The wishes of the child’s parents as to parenting time;
	The wishes of the child if he or she is sufficiently mature to cognitively express preferences as to the parenting time schedule;
	The relationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;
	The child’s adjustment to his or her home, school, and community;

	The mental and physical health of all individuals involved. A disability alone will not impact negatively s decision by the courts when awarding custody unless there is good reason to restrict or deny it;
	The ability of the parties to foster a loving affectionate relationship between the child and the of love other parent;
	The ability of the parties to foster a loving affectionate relationship between the child and the of love other parent;
	Where each parent resides and how that might impact an ability to parent the child;
	If one of the parties has been a perpetrator of spouse abuse
	The capability of each party to place the needs of the child ahead of his or her own needs.

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In Colorado, as with all other states, the court will always be looking out for the best interests of the children. What you want or your spouse wants is not really relevant until the court says it is. Many parents go to custody hearings not realizing that they must portray themselves as the best custodial parent rather pleading to the court that they simply deserve the children. The court would much prefer the parents to decide who should have custody, but if they can’t, the court will do it for them.

Visitation/Co-Parenting

Under Colorado law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her. If a parent desires to have a specific contact schedule with the child, a Petition for Visitation (form #350) may be filed. When a Petition for Custody (form #345), or Petition for Visitation (form #350) is filed in Family Court, a Preliminary Injunction is served immediately on the petitioner and on the respondent with service of the petition. This Preliminary Injunction contains two orders: 1. Neither parent will permanently remove the child from the State of Delaware while the custody/visitation proceedings are pending in the Court without the permission of the other parent or the Court. 2. Both parents are ordered to take a “Parenting Education Class”.

At the mediation hearing, the mediator will assist the parents in coming to an agreement or defining the issues which the parents cannot agree upon. The mediator will inform both of the parties of the language and content of the Standard Visitation Guidelines used by the Court. If the parents are able to come to an agreement, a consent order will be completed and signed by the parents. If the parents are not able to come to a full agreement on the petition and cannot agree on a temporary contact schedule with the child, the mediator will recommend a contact schedule which will be in place until the Court hearing. If mediation is not successful, the petitioner must complete Parenting Education and the petition will then be assigned to a Judge for a full hearing at a later date.

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After an order for custody or visitation has been entered, if either parent files a Motion and Affidavit to Modify Custody or a Petition for Visitation Modification, the petition will again be referred to mediation (unless bypassed because of a finding of domestic violence or no contact order). If no agreement is reached at mediation, the petition would be referred to a Judge after the petitioner has completed the Parenting Education Class (if not previously completed).

Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.

Alimony/ Maintenance/ Spousal Support

The Court may award temporary alimony to a dependent party during the course of an action for divorce or annulment. The party may be awarded alimony (sometimes referred to as spousal support or maintenance) only if he or she is a dependent party after consideration of the following:

1. Is dependent upon the other party for support and the other party is not contractually or otherwise obligated to provide that support after the entry of a decree of divorce or annulment;
2. Lacks sufficient property, including any award of marital property made by the Court, to provide for his or her reasonable needs; and
3. Is unable to support himself or herself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that he or she not be required to seek employment.

The alimony order may be granted without regard to marital misconduct. The court will consider the following: 1. The financial resources of the party, 2. The time necessary and expense required to acquire sufficient education or training, 3. The standard of living established during the marriage, 4. The length of the marriage, 5. The age, physical and emotional condition of both parties; 6. Any financial or other contribution made by either party to the education, training, vocational skills, career or earning capacity of the other party; 7. The ability of the other party to meet his or her needs while paying alimony; 8. Tax consequences; 9. Any foregone or postponed economic, education or other employment opportunities during the course of the marriage; and 10 Any other factor which the Court expressly finds is just and appropriate to consider.

A person can be eligible for alimony not to exceed 50% of the term of the marriage with the exception that if a party is married for 20 years or longer, there will be no time limit as

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to his or her eligibility. Should one of the parties waive or release his or her right to alimony (in writing), they will be unable to regain that right. Death terminates the obligation to pay alimony unless otherwise agreed. Remarriage or cohabitation also terminates alimony obligations.

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Grounds For Divorce

The court will grant a divorce whenever it finds that the marriage is irretrievably broken and that reconciliation is improbable. Delaware courts define "irretrievably broken" when the relationship is characterized by: 1.) Voluntary separation; or 2.) Separation caused by respondent's misconduct; or 3.) Separation caused by respondent's mental

illness; or 4.) Separation caused by incompatibility.

After the filing of a petition for divorce or annulment (which must include grounds), a preliminary injunction will be issued against both parties to the action, prohibiting them from:

1. Transferring or concealing any property except in the usual course

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Marriage Annulment
Marital Annulment

A request for an annulment must be treated in the same fashion as with a divorce. If the Petition for Divorce or Marriage Annulment is contested, in other words the person responding to the petition challenges material information in the petition by filing an answer, the matter will automatically be scheduled for a hearing. If the person responding to the petition does not file an Answer within 20 days of receiving the Petition for Divorce Marital Annulment OR files an Answer agreeing with the request for a divorce, the petition is uncontested. If the petition is uncontested the Petitioner, the person filing the petition, can

choose what type of divorce proceeding he/she would like to have. The Petitioner may request that the Court decide the Petition for Divorce or Marital Annulment based solely on the papers that are filed by both sides, without the parties appearing in Court for a hearing; OR The Petitioner may choose to have the Court decided the Petition for Divorce/Annulment after holding a hearing which the Petitioner must attend and the Respondent may attend. Grounds for a Colorado marriage annulment include: Fraud or Duress- If any force, pressure or duress was used to compel you to marry, you may petition the court for an annulment, Underage Marriage- A marriage where one or both parties were under 16 years old qualifies as a annulment ground, Bigamy- Where

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a person is already married and enters into another marriage with someone else. Colorado annulment laws declare bigamy as a legal ground for annulment, Misrepresentation- The marriage took place under false pretenses permits a party to claim annulment according to the Colorado annulment laws, Incest or Consanguinity- A marriage will receive an annulment if a party married a relative too closely related by blood, Physical or Mental Incapacity- If it were present at the marriage and it continues, an annulment may be granted, and Lack of Consent- Where a party was intellectually or emotionally incapable of understanding their actions is a legitimate annulment ground.

Marriage Counseling/
Mediation

will be helpful. The court may also extend the proceeding for up to sixty days should the parties wish to seek marriage counseling.

For a FREE email series on "The 10 Worst Mistakes You Can Make In Your Divorce," go to www.HappilyDivorced.org

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Legal Separation/ Marital Separation

Before you file for divorce, you and your spouse must have completed a legal separation. Under Colorado law, a legal or marital separation gets effected when you and your spouse no longer share the same bedroom or have sexual relations with one another, except for attempts at reconciliation. You can still be separated if you live in the same house so long as you do not share the same bedroom with your spouse or have sexual relations with your spouse.

The Court will not proceed with the divorce process until you and your spouse have concluded a separation of at least 6 months unless you are filing for divorce on the grounds of

misconduct. Some of the grounds of misconduct include: physical, mental or psychological abuse, adultery and desertion. If you are filing on the grounds of misconduct, then you do not have to be separated for any specified period of time. However, be aware that you must prove any allegations of misconduct by presenting evidence of the misconduct to the Court before a divorce will be granted on this ground. Also, if you and your spouse have children together, you must attend a Parent Education Class. If your children are between the ages of 8 and 16, they must also attend the Parent Education Class. The Court will not proceed with the divorce process until all of the required certificates of completion from the Parent Education Class have been submitted to the Court. If you have children, you should enroll in the Parent Education Classes early to ensure that the

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divorce process is not delayed because of your failure to take the Parent Education Class.

After the filing of a petition for divorce or annulment (which must include grounds), a preliminary injunction will be issued against both parties to the action, prohibiting them from: 1. Transferring or concealing any property except in the usual course of business or for the necessities of life; 2. Molesting or disturbing the peace of the other party; 3. Removing a child of the parties if residing in Colorado from the jurisdiction of this court without the prior written consent. of the parties; 4. Utilizing credit cards or otherwise incurring any debt for which the other party is or may be liable except in connection with the marital litigation or necessities of life for the benefit of the party or the parties' minor children.

Waiting Period

Six months from filing must have elapsed before a divorce may be granted.

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Grandparents Rights

Grandparents may petition the court for visitation before, during or after a divorce proceeding. The courts will use "best interests of the child" when considering: 1.) wishes of the parents and the child, 2.) he relationship of the child with parents, siblings, and other significant persons; 3.) child’s

adjustment to home, school and community; and 4.) mental and physical health of all persons involved. Should an adoption occur, all rights terminate.We here at DRS also suggest that grandparents initiate a request to have the children remain in their lives while the children's parents are still in the process of divorce.

Typically this can reduce legal costs as opposed to waiting until after the divorce, and initiating an action.

State Fact Sheets for Grandparents and Other Relatives Raising Children

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Divorce Settlement

You will have an opportunity to arrive at a divorce settlement with your spouse. Should you be unable to, the court will impose its judgment based on the concept of equitable distribution. Colorado divorce laws mandate that the court will equitably divide, distribute and assign the marital property between the parties without any regard to marital misconduct. Considerations for the court include: a.) b.) The length of the marriage; c.) Any prior marriages; d.) The age, health, station, amount and sources of income, vocational skills,

employability, estate, liabilities and needs of each of the parties; e.) Whether the property award is in lieu of or in addition to alimony; f.) The opportunity of each for future acquisitions of capital assets and income; g.) The contribution or dissipation of marital property, including the contribution of a party as homemaker, husband, or wife; h.) The value of the property set apart to each party; i.) The economic circumstances of each party, j.) Whether the property was acquired by gift; and k.) The debts of the parties; and Tax Consequences.

Did you come into this marriage owning a house? Concerned about the equity in that house that you brought into the marriage? Worried a divorce settlement will take away what was originally yours? Here's how it works generally. What you brought into the marriage is usually all yours. However, any appreciation of the house or the property value is normally treated as a "marital asset", meaning that you will likely have to give up a half of that appreciation to your spouse in the divorce.

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Residency Requirements

At least one of the parties to the action for divorce must have established residency within the State of Colorado for at least ninety days immediately prior to the start of the action for divorce. The petition may be filed in the county where either party resides.

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