Frequently Asked Questions About Family Law in Colorado

Navigating Change: Your Family Law Questions Answered

Family law matters often mark the beginning of a new chapter – whether that means redefining relationships, securing your child’s future, or rebuilding life on your own terms. Change can feel overwhelming, but with the right knowledge and guidance, it also becomes an opportunity for growth, transformation, and a fresh start. To help you move forward with confidence, we’ve compiled answers to some of the most common questions about divorce, custody, support, and more.

Your future starts with clarity. Explore our FAQs below, and if you need personalized advice, our team is here to help you turn over a New Leaf – book your free case evaluation today!

Do Fathers Always Pay Child Support in Colorado?

No, it is not always the father who pays child support. Child support is determined by the Colorado state guidelines, which take into account each parent’s income, the custody arrangement, and more. Either parent could be required to pay child support based on those factors.

Is Child Support Still Paid in Joint Custody Arrangements in Colorado?

Even in joint physical custody situations, it is rare that parents share an even 50% of time with the child. So, one parent typically has the child for more time than the other. The parent who has less overnights with the child is often required to pay child support. 

However, in those rare instances where custody is shared evenly, child support obligations may be based on each parent’s income, with the higher-earning parent making child support payments.

Does Infidelity Play a Role in a Colorado Divorce?

Because Colorado is a no-fault state, infidelity in itself will generally not affect the outcome of a divorce. However, what the court will consider is the behavior that surrounded the affair; for example, if marital assets were spent on the affair, or if the affair directly impacted the children in a negative way, this may have some implications on asset division or custody arrangements. 

This has less to do with the affair itself, but the way the behavior around the affair impacted the marital estate or the children. If infidelity is playing a role in your divorce and you need advice specific to your situation, don’t hesitate to reach out to book your free case evaluation today.

Are Agreements Made in Mediation Legally Binding?

Yes, once you have reached an agreement in mediation and you sign the settlement agreement document, it becomes legally enforceable. However, verbal agreements are not legally binding, and you always retain the right to decline signing the document.

Is a Mediator Like a Judge?

No, mediators are neutral third-parties who have no authority to impose a settlement on either spouse. Their role is to facilitate discussion between the couple and guide them toward areas of agreement and compromise.

Who Keeps the House in a Colorado Divorce?

Because Colorado is an equitable distribution state, marital assets are not always divided evenly. You and your spouse have the option of making your own decision regarding ownership of the house by negotiating other assets. If you cannot reach an agreement, though, the court will make the decision based on factors like each spouse’s income, financial needs, and contributions; the custody arrangement (if you have kids), and more. 

A judge may award the house to one spouse, requiring them to buy out the other’s share, provide spousal maintenance, or exchange other assets as compensation. Alternatively, the judge may order the house to be sold, with the proceeds divided between both spouses.

 Can Mediators Offer Legal Advice?

No, mediators are neutral third parties who are not permitted to offer legal advice or advocate for either party’s interests. However, you are still legally entitled to have an attorney present at mediation. Contact us today to book your free case evaluation and learn how our experienced Colorado divorce lawyers can guide you through the mediation process and fight for the results you’re seeking!

If I Moved from Another State, How Do I Know if I Am Eligible to File for Divorce in Colorado?

To file for divorce in Colorado:

• One spouse must have lived in Colorado for at least 91 days before filing for divorce, and 
• If minor children are involved, they must have lived in Colorado for at least 182 days (six months) for the court to have jurisdiction over custody decisions.

What Happens In Divorce When One Spouse Owns A Business?

Essentially, the business is treated like any other asset in the divorce – in Colorado, that means it would be divided according to Colorado’s equitable distribution laws (divided “fairly”, but not necessarily equally, between spouses). However, businesses can be challenging to value, which in turn make them difficult to divide. Many times, it’s necessary to hire a financial expert to ensure both parties achieve an equitable share of the business. 

Our skilled attorneys have significant experience handling divorces with a business involved. Book a free case evaluation today!

Do You Need A Lawyer To Get Divorced In Colorado?

While technically possible to proceed without one, the complexities of divorce law – including related issues like custody, child support, property division, etc. – make it easy to fall into a number of legal pitfalls. The advice of legal counsel, which is solely dedicated to protecting your interests, helps ensure you achieve a favorable outcome. 

Yes – we’d say you need a lawyer! Don’t risk your future – book a free case evaluation with our highly experienced Colorado divorce lawyers today.

How Much Does Divorce Cost In Colorado?

Google will tell you that the average is around $11,500, but each case is different. It will largely depend on the level of cooperation between you and your spouse, whether or not you have children, how complex your assets are, and more. 

However, here at New Leaf Family, we take a cost-effective approach to each and every divorce – we offer predictable fixed monthly costs and we don’t do billable hours. We focus on what is right for you! 

To learn more, book a free case evaluation today!

How Do You File For Divorce In Colorado?

By filing a primary form called “Petition for Dissolution of Marriage.” (If you and your spouse both agree to the divorce, you can file a joint petition, which simplifies the process.)

Other secondary forms that may be required include:

• Summons
• Case information sheet
• Separation agreement
• Parenting plan
• Financial affidavit

We don’t recommend filing these forms on your own, because you can make unintentional mistakes that can cause issues down the road! Our Colorado divorce lawyers can take care of all of the paperwork for you and give you reliable legal guidance. Contact us for a free case evaluation! 

Can I Get Full Custody In Colorado?

Can a parent get full custody in Colorado?

One parent having full custody – or sole decision making responsibility and parenting time – is rare in Colorado. 

The court generally believes that it is in a child’s best interest for both parents to share decision making responsibility, as well as parenting time. However, if there is compelling evidence that proves the child’s safety or well-being would be at risk (such as one parent struggling with drug or alcohol abuse, or having a documented history of violence or abuse), the court will take this into consideration. 

Our Colorado custody lawyers can assist you with all of your custody issues. Contact us for a free case evaluation!

How Does Mediation Work In Colorado?

Divorce mediation in Colorado is a process where divorcing spouses work with a neutral third-party mediator to resolve disputes and reach agreements on key issues, such as property division, child custody, and spousal support. The mediator facilitates communication between the spouses, helps them identify solutions, and ensures that both parties’ concerns are heard, but does not make decisions for them. 

Once agreements are reached, the mediator drafts a written settlement, which can then be submitted to the court for approval as part of the divorce decree. 

Have more questions about mediation? Book a free case evaluation today.

How Far Can A Parent Move With Joint Custody In Colorado?

There is no distance set by law that parents with joint custody must live in proximity to one another. However, if you are the “custodial” parent, you are obligated to notify the other parent of your intent to move and propose a revised parenting plan. If they consent to your move, then you only need to get the new parenting plan approved by the court. 

If they object to the move, the court will determine whether the move will be in the child’s best interests based on several factors, including the reason for your move, the other parent’s reason for objecting, the impact the move will have on the child, and more. 

To learn more about how our skilled Colorado custody lawyers can help you – whether you are the parent seeking the relocation or the parent fighting one – book a free case evaluation today.

How Much Is Child Support For 1 Child In Colorado?

Child support payments are determined by Colorado’s child support guidelines, which factor in the total monthly income of both parents before taxes, the number of overnights the child spends with each parent, the child’s income (if any) and any additional expenses (such as health insurance costs, childcare costs, extraordinary expenses, etc.). 

Our Colorado child support can help you advocate for a fair arrangement. Book a free case evaluation today!

What Is The Difference Between Legal And Physical Custody In Colorado?

Legal custody (called decision making responsibility in Colorado) refers to the authority a parent has to make decisions that impact the child’s upbringing, like where they go to school, what type of medical treatment they are subjected to, and more. 

Physical custody (called parenting time in Colorado) refers to the time a parent has with the kids, which is typically outlined in a detailed schedule which includes when and where the exchanges of the children will happen. 

Decision making responsibility and parenting time can be shared between both parents (joint) or allocated to one parent (sole).

Do I Need A Reason To Get Divorced In Colorado?

No, you do not need to prove fault in a Colorado divorce. 

The only requirement needed is to state that the marriage is irretrievably broken.

Does Infidelity Play a Role in a Colorado Divorce?

Because Colorado is a no-fault state, infidelity in itself will generally not affect the outcome of a divorce. However, what the court will consider is the behavior that surrounded the affair; for example, if marital assets were spent on the affair, or if the affair directly impacted the children in a negative way, this may have some implications on asset division or custody arrangements. 

This has less to do with the affair itself, but the way the behavior around the affair impacted the marital estate or the children. If infidelity is playing a role in your divorce and you need advice specific to your situation, don’t hesitate to reach out to book your free case evaluation today.

Are Agreements Made in Mediation Legally Binding?

Yes, once you have reached an agreement in mediation and you sign the settlement agreement document, it becomes legally enforceable. However, verbal agreements are not legally binding, and you always retain the right to decline signing the document.

Is a Mediator Like a Judge?

No, mediators are neutral third-parties who have no authority to impose a settlement on either spouse. Their role is to facilitate discussion between the couple and guide them toward areas of agreement and compromise.

Who Keeps the House in a Colorado Divorce?

Because Colorado is an equitable distribution state, marital assets are not always divided evenly. You and your spouse have the option of making your own decision regarding ownership of the house by negotiating other assets. If you cannot reach an agreement, though, the court will make the decision based on factors like each spouse’s income, financial needs, and contributions; the custody arrangement (if you have kids), and more. 

A judge may award the house to one spouse, requiring them to buy out the other’s share, provide spousal maintenance, or exchange other assets as compensation. Alternatively, the judge may order the house to be sold, with the proceeds divided between both spouses.

Can Mediators Offer Legal Advice?

No, mediators are neutral third parties who are not permitted to offer legal advice or advocate for either party’s interests. However, you are still legally entitled to have an attorney present at mediation. Contact us today to book your free case evaluation and learn how our experienced Colorado divorce lawyers can guide you through the mediation process and fight for the results you’re seeking!

If I Moved from Another State, How Do I Know if I Am Eligible to File for Divorce in Colorado?

To file for divorce in Colorado:

• One spouse must have lived in Colorado for at least 91 days before filing for divorce, and 
• If minor children are involved, they must have lived in Colorado for at least 182 days (six months) for the court to have jurisdiction over custody decisions.

What Happens In Divorce When One Spouse Owns A Business?

Essentially, the business is treated like any other asset in the divorce – in Colorado, that means it would be divided according to Colorado’s equitable distribution laws (divided “fairly”, but not necessarily equally, between spouses). However, businesses can be challenging to value, which in turn make them difficult to divide. Many times, it’s necessary to hire a financial expert to ensure both parties achieve an equitable share of the business. 

Our skilled attorneys have significant experience handling divorces with a business involved. Book a free case evaluation today!

Do You Need A Lawyer To Get Divorced In Colorado?

While technically possible to proceed without one, the complexities of divorce law – including related issues like custody, child support, property division, etc. – make it easy to fall into a number of legal pitfalls. The advice of legal counsel, which is solely dedicated to protecting your interests, helps ensure you achieve a favorable outcome. 

Yes – we’d say you need a lawyer! Don’t risk your future – book a free case evaluation with our highly experienced Colorado divorce lawyers today.

How Does Mediation Work In Colorado?

Divorce mediation in Colorado is a process where divorcing spouses work with a neutral third-party mediator to resolve disputes and reach agreements on key issues, such as property division, child custody, and spousal support. The mediator facilitates communication between the spouses, helps them identify solutions, and ensures that both parties’ concerns are heard, but does not make decisions for them. 

Once agreements are reached, the mediator drafts a written settlement, which can then be submitted to the court for approval as part of the divorce decree. 

Have more questions about mediation? Book a free case evaluation today.

How Long Does An Uncontested Divorce Take In Colorado?

There is a 90-day waiting period before a divorce can be finalized in Colorado, so if you and your spouse are able to reach an agreement on all the issues in your case before that time, you can technically be granted a divorce in 91 days. In our experience, most uncontested cases are resolved within 2-3 months. 

How Far Can A Parent Move With Joint Custody In Colorado?

There is no distance set by law that parents with joint custody must live in proximity to one another. However, if you are the “custodial” parent, you are obligated to notify the other parent of your intent to move and propose a revised parenting plan. If they consent to your move, then you only need to get the new parenting plan approved by the court. 

If they object to the move, the court will determine whether the move will be in the child’s best interests based on several factors, including the reason for your move, the other parent’s reason for objecting, the impact the move will have on the child, and more. 

To learn more about how our skilled Colorado custody lawyers can help you – whether you are the parent seeking the relocation or the parent fighting one – book a free case evaluation today.

How Much Is Child Support For 1 Child In Colorado?

Child support payments are determined by Colorado’s child support guidelines, which factor in the total monthly income of both parents before taxes, the number of overnights the child spends with each parent, the child’s income (if any) and any additional expenses (such as health insurance costs, childcare costs, extraordinary expenses, etc.). 

Our Colorado child support can help you advocate for a fair arrangement. Book a free case evaluation today!

How Much Does Divorce Cost In Colorado?

Google will tell you that the average is around $11,500, but each case is different. It will largely depend on the level of cooperation between you and your spouse, whether or not you have children, how complex your assets are, and more. 

However, here at New Leaf Family, we take a cost-effective approach to each and every divorce – we offer predictable fixed monthly costs and we don’t do billable hours. We focus on what is right for you! 

To learn more, book a free case evaluation today!

How Do You File For Divorce In Colorado?

By filing a primary form called “Petition for Dissolution of Marriage.” (If you and your spouse both agree to the divorce, you can file a joint petition, which simplifies the process.)

Other secondary forms that may be required include:

• Summons
• Case information sheet
• Separation agreement
• Parenting plan
• Financial affidavit

We don’t recommend filing these forms on your own, because you can make unintentional mistakes that can cause issues down the road! Our Colorado divorce lawyers can take care of all of the paperwork for you and give you reliable legal guidance. Contact us for a free case evaluation!

Can I Get Full Custody In Colorado?

One parent having full custody – or sole decision making responsibility and parenting time – is rare in Colorado. 

The court generally believes that it is in a child’s best interest for both parents to share decision making responsibility, as well as parenting time. However, if there is compelling evidence that proves the child’s safety or well-being would be at risk (such as one parent struggling with drug or alcohol abuse, or having a documented history of violence or abuse), the court will take this into consideration. 

Our Colorado custody lawyers can assist you with all of your custody issues. Contact us for a free case evaluation! 

What Is The Difference Between Legal And Physical Custody In Colorado?

What is the difference between legal and physical custody in Colorado?

Legal custody (called decision making responsibility in Colorado) refers to the authority a parent has to make decisions that impact the child’s upbringing, like where they go to school, what type of medical treatment they are subjected to, and more. 

Physical custody (called parenting time in Colorado) refers to the time a parent has with the kids, which is typically outlined in a detailed schedule which includes when and where the exchanges of the children will happen. 

Decision making responsibility and parenting time can be shared between both parents (joint) or allocated to one parent (sole). 

Do I Need A Reason To Get Divorced In Colorado?

Do I need a reason to get divorced in Colorado?

No, you do not need to prove fault in a Colorado divorce. 

The only requirement needed is to state that the marriage is irretrievably broken.