The information contained herein is designed to give you a very general overview of the dissolution of marriage process. This information is in no way to be construed as legal advice. The facts and circumstances of each case must be applied to the law and outcomes can vary significantly. If you have questions about your specific case and/or wish to obtain legal advice, please contact a family law attorney.

What is the dissolution of marriage process?

A dissolution of marriage case is commenced by the filing of a petition for dissolution of marriage, generally in the district court in the county of the parties' residence. A party must be domiciled in the State of Colorado for 90 days prior to filing a petition for dissolution of marriage. Service of the petition and a summons must be made on the opposing party. Once the petition for dissolution of marriage is filed and service is made on the other party, there is a 90-day waiting period before a decree of dissolution of marriage may be issues by the court.

What are the different issues in a dissolution of marriage proceeding?

1. Allocation of parental responsibilities(applies only to cases where one or more child is born to the parties or adopted during the marriage): This was formerly referred to as custody and parenting time(visitation). It now is comprised of decision-making authority and parenting time. The standard in determining the allocation of parental responsibilities (decision-making and parenting time) is the best interest of the minor child(ren).

2. Child Support(applies only to cases where one or more child is born to the parties or adopted during the marriage): Each parent owes a duty of support to the minor child(ren). Child support is calculated based upon each party's gross income and takes into consideration such factors as the number of children, number of overnights with each parent, one party's obligation to pay health insurance expenses for the minor child(ren), extraordinary medical expenses, child care and other such considerations.

3. Property division: Marital property and debt is subject to division by the court. Colorado law requires an equitable, not equal, division of marital property and debts.

4. Maintenance: This was formerly referred to as alimony. Maintenance may be awarded when the court finds that the spouse seeking maintenance lacks sufficient property to provide for his or her reasonable needs and is unable to support himself or herself through appropriate employment.

What is ADR?

ADR, or Alternative Dispute Resolution, is a process whereby parties attempt to resolve their disputes without the need to go to court. In recent years, Colorado courts have had their budgets cut significantly, which has resulted in an increase in the backlog of cases in each county. The use of ADR is especially attractive given that backlog and the usually long waiting periods before parties can get a court date. With ADR, parties can often resolve cases well before they would be able to have their case heard by the court. Additionally, in many cases, ADR can be less expensive, often significantly so, than full-blown litigation of all issues.

ADR has several different components to it. One component is mediation. Mediation is a voluntary process that allows the parties to take control of negotiating their own agreement and resolving issues. The parties meet with a mediator, either with or without their attorneys. The mediator acts as a neutral third-party and assists the parties in identifying and exploring various options of settlement and also assists in maintaining a balance of power between the parties during the process. Mediation is generally for the purpose of future litigation. Statements made in mediation are generally not admissible in court.

Arbitration, as compared to mediation, is more like a trial. The parties must agree, in writing, to arbitration as the outcome of the arbitration, which is generally binding upon the parties. The parties may each present their case as they would during a trial and, at the conclusion of the evidence, the arbiter will enter an award, which award is submitted to the court for its approval.

Mediation-Arbitration is a hybrid process in which the parties attempt to mediate and resolve issues with the assistance of a mediator. If the parties are unable to reach an agreement, then the mediator would have the authority to make the decision for the parties.

A further alternative to litigation is for the parties to hire a private judge. Many retired judges may be retained to act as a judge for the parties. The proceedings are conducted just as they would be in a regular court, however, again, the parties are likely to be able to hold a hearing in front of a private judge much sooner than they would be able to get a court date in the district court