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FAQs
Divorce FAQs
While C.R.S. 14-10-107 mandates a 91-day waiting period from the date of filing, the actual timeline depends on the complexity of your case. In uncontested matters where parties reach a full agreement, a decree can be issued shortly after the statutory minimum. Contested cases typically resolve within six to twelve months.
Under C.R.S. 14-10-124, Colorado law focuses on the allocation of parental responsibilities, which is divided into two distinct categories: parenting time and decision-making.
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Parenting time, governed by C.R.S. 14-10-124(1.5)(a), refers to the physical schedule and defines when the child is in the actual care of each parent. This includes residence during the week, weekends, holidays, and vacations. The court generally starts with the premise that frequent and continuing contact with both parents is in the child's best interests, provided it is safe and practical.
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Decision-making, addressed in C.R.S. 14-10-124(1.5)(b), refers to the legal authority to make major, long-term decisions for the child. This typically covers four main areas: education, non-emergency medical care, religious upbringing, and extracurricular activities. While parents often share this responsibility jointly, the court can allocate sole decision-making to one parent if there is a demonstrated inability to cooperate or if a joint arrangement would not serve the child's well-being.
Given the inherent uncertainty of litigation, it is often best to strive for a negotiated parenting plan. When you take a case to court, you are essentially asking a judge who does not know the nuances of your family to make permanent, life-altering decisions. A negotiated agreement allows both parents to maintain control over the outcome and create a customized schedule that truly serves the child’s unique needs, rather than risking the unpredictable nature of a court ruling.
Property division in Colorado is governed by C.R.S. 14-10-113, which follows the principle of equitable division. This means the court divides marital property fairly, though not necessarily in a fifty-fifty split. The process involves identifying marital assets, valuing them, and distinguishing them from separate property.
Separate property assets are not subject to division. Under Colorado law, separate property includes assets owned prior to the marriage, property acquired by gift or inheritance, or assets excluded by a valid legal agreement. Therefore, it is important to determine the date of marriage and the exact value of assets prior to that date. For example, the balance of a 401(k) from the date of marriage may remain separate, but any increase in the value of that asset during the marriage is typically considered marital.
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The burden of proof is on the party trying to show an asset is separate. Without clear documentation to trace the asset back to its separate source, the court may presume it is marital. This is why comprehensive financial disclosures and historical records are very important to the outcome of your case. Because of the technical nature of tracing assets, it is important to have an attorney who carefully reviews all financial disclosures to identify separate property and provide the best possible outcome.
In Colorado, alimony is formally known as spousal maintenance and is governed by C.R.S. 14-10-114. The law provides advisory guidelines for both the amount and the duration of maintenance based on the length of the marriage and the respective incomes of both parties. However, these are only guidelines, and the court must also consider the financial resources of each spouse and the lifestyle established during the marriage.
Given the complexity of the maintenance formulas and the court’s ability to deviate from them, striving for a negotiated settlement is highly recommended. A negotiated agreement allows for creative solutions such as lump sum payments or specific offsets that a court may not provide. This approach provides financial certainty for both parties and avoids the risk of an unpredictable and potentially long-term court order.
Employment Law and
Workplace Rights
Colorado is an “at-will” employment state, meaning that either the employer or the employee can end the relationship at any time, with or without cause. However, not all
terminations are lawful. Federal and state laws protect employees from unfair or improper treatment within this framework.
For example, employers cannot terminate employees based on discriminatory factors such as race, age, religion, or disability. Employees are also protected from retaliation for engaging in legally protected activities, such as reporting misconduct or asserting their rights.
Because the line between lawful termination and wrongful discharge can be subtle, it is important to have an experienced attorney evaluate the specific circumstances.Wrongful termination occurs when an employer ends your employment for an illegal reason. This includes termination based on discrimination (such as race, gender, age, disability, or religion), retaliation for engaging in protected activity, or violation of public policy. While Colorado is an at-will employment state, employers are still prohibited from terminating employees for unlawful reasons.
Following the passage of the Protecting Opportunities and Workers' Rights (POWR) Act, Colorado has significantly expanded protections for employees. Harassment no
longer needs to be “severe or pervasive” to be unlawful. Instead, the focus is on whether the conduct is unwelcome and create a work environment that a reasonable person in the same protected class would find intimidating, hostile, or offensive.
If you are experiencing a hostile work environment, documentation is critical. Because the legal standards have evolved, working with an attorney can help determine whether your situation meets the current legal threshold.A reasonable accommodation is a modification or adjustment that allows an employee with a disability (or, in some cases, a pregnancy-related condition or religious need) to perform the essential functions of their job.
Examples may include modified work schedules, medical leave, or changes to workplace policies. Employers are required to engage in an interactive process to determine appropriate accommodations.