In Colorado, the soonest a divorce can be finalized is 92 daysfrom the date of filing. This three–monthcooling off period is a good goalto have for finishing your case, but the reality is thatthe process typically takes longer.Inall but the simplest divorcesthere are manyrequirements that must be met before a divorce can be finished. These include the exchange of financial information (mandatory financial disclosures), the completion of aparenting class if there are children, participation in an Initial Status Conference, participation in mediation, the drafting and signing of agreements, andparticipation in a contested hearingof mediation is unsuccessful.While not an official policy, Courts havenoted a goal of resolving divorces within twelve months of filing.The reality is that you can expect your divorce to be finalized between six and twelve months from the filing of the petition for dissolution ofmarriage.There are regularly circumstances where the twelve month time period is surpassed, however, particularly when there are significant complexities in parenting or financial issues.

Unfortunately, there is no real way to predict how much a family law case will cost.If the parties to a divorce, for example, are cooperativeand all the attorney has to do is draft up agreements, the cost will be relatively small. If thecase is financially complex, if the parties have widely disparate ideas of what is in the best interests of their children, if the case requires the involvement of experts, andif the caserequires multiple contested hearing to reach a resolution, the cost incurred will be significant. The vast majority of family law cases will fall between these two extremes, however, andit is really not possible to provide ahelpful answer to this question without having the ability to discuss the specific aspects of the case with the client.

Determining whether a couple is common law marriedcannot be based simply on the length of time the couple has cohabitated. The test for common law marriage was most recently set forth by the Colorado Supreme Court in 2021, when it simultaneously issued three opinions (Marriage of Hogsett, Estate of Yudkin, and Marriage of LaFleur) that held that “a common law marriage may be established the mutual consent or agreement of the couple to enter the legal or social institution of marriage, followed by conduct manifesting that mutual consent.” Whether a couple intended to enter into a marriage whenthere was no wedding or other commitment ceremony can be difficultto determine, so courts must look at the couple’s conduct to determine whether they agreed to be married. This analysis is particularly difficult now because what actions used to be considered typical of a married couple (joint bank accounts, joint tax returns, jointly owned property, etc.) are now common for unmarried couples as well. In short, there is no definitive test for common law marriage, so we must weigh all of the evidence on both sides to determine whether a couple is common law married.

Do enough research on parenting time in Colorado and you will findwebsiteswhose authors are convinced that the laws, courts, and judges of Colorado are predisposed toprioritize mothers or fathers. This is simply not the case, however. Colorado law governing the best interests of the child, including the laws enacted by our legislature and the opinions penned by our appellate courts, are gender neutral. Similarly, the trial court judges applying the law to the particular facts of a casefor parenting time and decision–making orders are predominantly gender neutral. Judges are human, of course, and their decisions are influenced by their unique life experiences, but heteronormative assumptionsin parentingdecisionstruly are a thing of the past.

This question is asked in relation to both parenting time and the division of property. The short answer to both questions is, “No.”

Colorado is an equitable property division state, which means that the court may divide property equally between the partiesand it may, just as easily, divide marital property disproportionately in one party’s favor. How property is dividedin a particular case is fact specific anddepends on what is fair and equitable given the facts and circumstances of the case. In making this determination, courts will apply any of a number of factors, including the relative contributionsof the parties (both financial and as a homemaker), the value of the propertyto be divided, and the economic circumstances of the parties that will result from the division of property.

Similarly, Colorado is not a 50/50 parenting time state. Instead, how parenting time is allocated is based on the best interests of the child, which in some circumstances results in the child spending an equal amount of time with each parent and in other circumstances results in a child spending the majority ofthetime withone parent. Thecourt must consider many best interests factors and apply themin a gender–neutralmanner before a conclusion can be reached as to what parenting time schedule is in a child’s best interests.

In Colorado, both parents have a duty to providefinancialsupport for their children.When parents do not live together and family law courts are involved, one parent may be required to provide a child support payment to the other. Whether and in what amount a person mustpay depends on theparticular facts ofthe case, to include theparenting time schedule, the incomes of the parents, the cost of insurance for the children, and the cost of any other regular, recurring expenses such as work–or education–related childcare. Once you have all relevant information, the Colorado Child Support Guidelines will generate a number, which is presumed to be the amount thatthe Obligor will have to pay. 

Whether a party must pay their ex–spouse spousal maintenance depends on many different factors, including the incomes of the parties, the length of the marriage, the standard of living that was achieved during the marriage, the ability of the parties to meet their own needs with their incomeand property, and the relative financial circumstances of the parties after consideration of the division of property. There is also a spousal maintenance formula that the parties are to consider, although thisformula is not like the child support formula in that it is merely a starting point for discussions, it is not a presumed amount. As with all other family law questions, there is no way to definitively answer this question without an understanding of your entire financial circumstances.