How Is Fault Proven In Divorce Cases?

Colorado is a no-fault state, so the fact that your spouse is having an affair or running up the hill and gambling, really isn’t a factor that the court cares about. The fact that your spouse likes to watch pornography isn’t really a factor unless it...
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What is a CFI as compared to a PRE?

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What Is Mediation?

Mediation is a process where the parties try to reach an agreed-upon resolution of their situation with the assistance of a mediator. A mediator is a neutral third party who has been trained in the mediation process. There are a lot of different mediators out there....
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Should Visitation Continue If Child Support Payments Are Not Being Made?

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Will I be paying or receiving maintenance and how is the amount determined?

It often depends on the discrepancies in income between husband and wife. Initially, judges will often formulate a Temporary Order before permanent spousal support can be decided. As far as the Permanent Order goes, the judge will take a number of things into account, including: how long you were married, what the standard of living was during the marriage, and the financial state of both parties—including income potential. For instance, if a wife has spent the majority of her 15-year marriage outside of the workforce, managing the home, her income (not to mention income potential were she to seek a job) is likely far below her husband’s.

The actual law states:

The maintenance order shall be in such amounts and for such periods of time as the court deems just, without regard to marital misconduct, and after considering all relevant factors including:

  1. The financial resources of the party seeking maintenance, including marital property apportioned to him, and his ability to meet his needs independently, including the extent to which a provision for support of a child living with the party includes a sum for that party as custodian;
  2. The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party’s future earning capacity;
  3. The standard of living established during the marriage;
  4. The duration of the marriage;
  5. The age and the physical and emotional condition of the spouse seeking maintenance; and
  6. The ability of the spouse from whom maintenance is sought to meet his needs while meeting those of the spouse seeking maintenance.
    (C.R.S. 14-10-114)

The Court will keep this in mind when determining how much maintenance will be compulsory, and your attorney will represent your interests in persuading the Court as to what is fair for you. Find out more about our Divorce Lawyer.

How Is Fault Proven In Divorce Cases?

Colorado is a no-fault state, so the fact that your spouse is having an affair or running up the hill and gambling, really isn’t a factor that the court cares about. The fact that your spouse likes to watch pornography isn’t really a factor unless it...
Read More

What is a CFI as compared to a PRE?

...
Read More

What Is Mediation?

Mediation is a process where the parties try to reach an agreed-upon resolution of their situation with the assistance of a mediator. A mediator is a neutral third party who has been trained in the mediation process. There are a lot of different mediators out there....
Read More

Should Visitation Continue If Child Support Payments Are Not Being Made?

...
Read More