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A GUIDE TO DIVORCEA GUIDE TO DIVORCE©©
DISCLAIMER
These materials have been prepared for informational purposes onlyand are not legal advice. This information is not intended to create,and receipt of it does not constitute, an attorney-client relationship.
Internet subscribers and online readers should not act upon thisinformation without seeking professional counsel.
Kelly|Garnsey|Hubbell + Lass LLC
CONTENTS
Introduction
Getting Started
Temporary Restraining Order
Temporary Orders
Children & Divorce
Parenting
Child Support
Property & Debts
Spousal Maintenance
Separation Agreements/ Permanent Orders
Mediation
Settlement
Contested Hearings
Your Lawyer’s Role
Things You Can Do
Forms
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INTRODUCTION
Divorce is
an Economic Process
And
An Emotional Transition
Financial Affidavit
GETTING STARTED
PetitionPetition
erRespondent
Summons
Waiver & Acceptance of Service
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Must be Colorado resident at least 90 days prior to filing
Response
– filing fee $99
– filing fee $45
Filing Fees Current as of 12/02
TEMPORARY RESTRAINING ORDER
Automatic Injunction takes effect as soon as:
Respondent accepts service or is served Both parties restrained from
transferring
encumbering
concealingdisposing of marital property w/o consent
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TEMPORARY ORDERS
Court determines Temporary Orders
90 days must pass before decree granted
Temporary Orders govern while case pendingParties Agree on Temporary Orders
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OR
CHILDREN & DIVORCE
Parenting Seminar
Affect on Children
Adversarial?
Cooperative?
Temporary Restraining Order
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PARENTING
Decision Making Responsibility
Decision Making Responsibility
Who makes major decisions?Medical
CareEducation
Spiritual Upbringing
Continued on next page
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General Welfare
Parenting Time
PARENTING
Continued
Allocation Based on Child’s Best Interests
Parenting Time
Schedule of when the children will
reside with OR spend time with
the other parent
Specific Schedule Usually Spelled Out
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CHILD SUPPORTChild Support Guidelines
• Gross Income
• Number of Children• Amount of Time Spent With Each Parent• Support of Children & Spouses From Other Marriages
• Day Care Costs
• Extraordinary Expenses
• Maintenance
• Medical Insurance
Private School and Therapy
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PROPERTY AND DEBTSEquitable Distribution Principle
Separate Property
Owned Prior to Marriage
Received by Gift or Inheritance
Appreciation is marital
Marital Property
Acquired During the Marriage
Title Does Not Determine Divorce Division
SPOUSAL MAINTENANCE
(Alimony)
• Sufficient Property to Provide For Needs?
• Able to Support Him/Herself Through Employment?• Reasonable Expectations During Marriage?• Financial Resources?
•Time Needed to Find Employment? Continued on next page
Maintenance will be considered if theproperty division leaves a spouse unable to support him/herself
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SPOUSAL MAINTENANCE
Continued
• Standard of Living During Marriage?• Length of Marriage?
• Age, Physical & Emotional Condition?• Ability of Other Spouse to Pay?
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SEPARATION AGREEMENTS
PERMANENT ORDERSSeparation Agreement
Both Resolve All Issues In the Divorce
Parties Reach Agreement
Permanent Orders HearingParties Do Not Reach Agreement
Generally Don’t Appear in Court
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OR
Appear in Court
MEDIATION
Agreement Put in Writing & Presented to Court
Mediator Doesn’t Represent Either Party
Impartial Third Party Facilitator
Assists Parties in Negotiating an Agreement
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SETTLEMENTVast Majority of Issues Settle Outside Court
- Both Parties Have Attorneys
Settlement is Generally Preferable-
Expensive
- Educating the Judge- Litigation Exacerbates Situation
No Need for Court Appearance if:
- No Children
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CONTESTED HEARINGS
Only Unresolved Issues Go To Trial
No Jury
Both Parties Put on EvidenceTestimony of Parties or Other
WitnessesJudge Evaluates the Evidence
Issues a Ruling or Order
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YOUR LAWYER’S ROLE
• Should be Sensitive to Client’s Emotions
• Fair Advocate
• Knowledge of the Law
• Ability to Negotiate Effectively
• Finds Out What Client Wants And Why
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THINGS YOU CAN DO
• Gather Financial Information
• Prepare Financial Affidavit
• List & Attempt to Value Property
• Consider Counseling
• Take Care of Yourself
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FORMS
Purchase forms from Clerk’s OfficeDivorce With Children
Instructions & Forms
Clerks cannot fill out forms NORGive you legal advice
Colorado Judicial Branchhttp://www.courts.state.co.us
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Pro se – you have no attorney
PowerPoint Presentation
Designed by
Carol J. Ulibarri, Paralegal
303-296-9412
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