Frequently Asked Questions

Divorce

Q: How long will our divorce take?

A: The court requires a 90-day waiting period after the petition is filed jointly, or after the respondent is served or service is waived, before it will issue a decree of dissolution.  The process often takes longer, especially if there are children who have not lived in Colorado for at least six months, or if there are evaluations that must be performed, such as for custody issues, property or company values, or an employment evaluation for child support or maintenance purposes.  Many courts are becoming stricter in assuring that a divorce is completed within one year.

Q: What if I don't know where my spouse is living or working?

A: The court wants some assurance that the non-petitioning party is aware of the petition.  This is usually accomplished by having the papers served; however, if you don't know where your spouse is, you can ask the court to allow for service by "publication"; that is, by publishing the information in a newspaper where your spouse might see it.  If there is still no response, the court will likely allow the divorce to proceed as if the non-petitioning spouse had been served.

Q: Will the court order my spouse to pay my attorney's fees?

A: The statute that addresses this issue says:

        "The court from time to time, after considering the financial resources of both parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or defending any proceeding under this article and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of the proceeding or after entry of judgment. . . ."

Under this statute, you can request your spouse pay for your attorney's fees, but there is no guarantee that the Court will grant your request.  The Court will compare your relative financial circumstances and if there is a large enough disparity, the Court may attempt to create a balance by awarding requested attorney fees.

Q: Is there any advantage to being the spouse who files for divorce rather than allowing the other spouse to file?

A: No.  The court will decide all of the issues of a divorce in the same manner regardless of which spouse actually files the petition.

Maintenance

Q: What is temporary maintenance?

A: Temporary maintenance is spousal support that may be awarded at a hearing on temporary orders for the time period between the date of separation and the date the divorce decree is awarded.  Post-decree maintenance (sometimes referred to as "permanent" maintenance, although it seldom lasts for the rest of the obligee's life) may be awarded at the permanent orders hearing.

This page is under construction--more questions and answers will be added soon.