Divorce in Colorado
According to statistics, Colorado family courts get an average of 56 divorce requests on any given day. That’s a little over 1,600 divorces per month. For a place that oozes with fun and romance, this kind of data is a bit disturbing. It’s no wonder that divorce lawyers and mediators abound. So, does this mean that you can just hire a divorce lawyer from anywhere? Maybe. One thing is for sure, though; it’s better to be armed with practical information even before hiring a good divorce lawyer.
Residency requirement. Many residents believe that a divorce should be filed at the place where they got married. This is not necessarily so. If you or your spouse lives in Colorado for at least 90 days, then a divorce can be filed. You may move outside of the state while the divorce proceeding is ongoing but this may make it more difficult and expensive since court dates and servings of temporary orders will remain as is no matter where you live. In cases wherein you don’t know where your spouse is, you can still file for a divorce as long as you meet the 90 day residency requirement. Just make sure to have your divorce request published in a local newspaper. In cases wherein both of you do not meet the minimum period of residency, the most practical thing to do is to either to wait or file your divorce request at the state where you meet this requirement.
Costs and waiting periods. Colorado family courts give a minimum of 90 days waiting period starting on the day your divorce request was put on record. Within these 90 days, you and your spouse are expected to have already agreed or have already put in writing all other plans pertaining to properties, debt, child support, alimony, etc. Lawyers and mediators can actually make this task easier and faster. The judge issues a final divorce decree on the 91st day. But take note that this can be extended if paperwork (written agreements and parenting plans) is not completed. Costs for this kind of requirement varies on the fee you pay your lawyer or mediator. In Colorado, the average per hour rate is between $90 and $300. Added to that would be filing fees of $184 (divorce) or $179 (legal separation) and $90 per request to modify court orders related to your divorce or legal separation.
Child custody and support. As of 2001, the state of Colorado modified its rules on child custody. The presumption, that the children’s welfare are better with the parent that they are mostly with, has now given way to a new rule that takes into full consideration the child’s welfare and development. How a move to another area will affect his schooling, his immersion in the community, and inter-relations with friends and extended family members. With the modified rules on child custody, the task of proving that the requested relocation is needed lies on the parent who has requested for it.
There are as many choices on how you can deal with something as stressful as divorce as there are rules and regulations that you should be aware of. A good legal advice from a qualified divorce lawyer comes really handy. Plus of course, a clear mind set and a prepared game plan.
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There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run!
This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.
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