Sanderson Law, P.C.

Sanderson Law, P.C. • 303-444-8846
Copyright © 2010, Last Updated March 29, 2010

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requires a written fee agreement. You should not act on the information provided on this site without seeking legal counsel. Unsolicited communications may not be answered. Please contact
Sanderson Law, P.C. by telephone or email to set up an appointment if you have questions, etc. See Contact Us above.

1. I am filing for divorce. Do I need an attorney?
- The more complex the issues, or more strained the marriage, the more likely
it is that you should retain an attorney. Resolving the matter without an
attorney could be faster and less expensive, but should not be done at the
expense of important rights you have. The longer the marriage, numerous
assets, children of the marriage, spousal abuse issues, all weigh in favor of
seeking legal help.

2. What is the general process for getting divorced in Colorado?
- The first step is to file a petition with the proper court. If there are
temporary issues like maintenance (alimony), parenting, or the like, a
temporary orders hearing may be scheduled. The court may also require
various conferences and mediation to assist the parties in resolving the issues.
Unresolved issues must be determined by the judge during the permanent
orders hearing. The parties must wait at least 90 days before the decree of
dissolution (divorce) can be entered.

3. I've decided I want a divorce. My spouse does not. Can I still get a
divorce?
- Your spouse need not consent to the divorce. If the jurisdictional

requirements are met, the marriage is "irretrievably broken" and required processes followed, either spouse can obtain a dissolution decree.

4. My spouse has "wronged" me. I want a divorce, and I want his/her actions to have just consequences in court.
- Colorado is a "no-fault" state meaning alleged wrongful conduct - cheating, abuse, etc. - do not factor into the dissolution
determination. They may however, play a role is custody issues or financial orders like maintenance.

5. My spouse and I have children together. We want to get divorced, but both of us want sole custody of the children. How can
this be resolved?
- The courts look to the best interests of the child or children to determine parenting issues. If necessary, a child and family investigator
(CFI) will be appointed to help the court make the determination. The child's wishes or parent's wishes are not dispositive but may be
relevant. Courts favor joint parenting.

6. I'd like increased visitation and more over-night visits with my children. The divorce decree has already been entered, and
my ex-spouse opposes my idea. Is it possible to see my children more?
- Yes, it is possible. Again, the court may be called upon to revisit parenting issues and make decisions in the children's best interests.
Those interests can change over time.

7. My spouse and I have been married for a very short time. We have no children, no property, and very little assets. Is the
divorce process more simple for us?
- This may be what is known as an uncontested divorce, where each party just wants out, and there is not much to argue about. Those
divorces tend to move more quickly especially if the parties can avoid involving lawyers. The 90-day waiting period still applies.

8. I just filed for divorce from my spouse. How soon can I get remarried?
- You must wait until you obtain a decree of dissolution (or annulment) from the court before remarrying.

9. My spouse and I have filed for divorce. I can no longer make the mortgage payments on our house. Can I sell the property?
- Once a petition is filed, a temporary injunction becomes effective preventing the parties from disposing of martial assets without the
court's permission or the other party's permission, pending permanent orders.

10. How much will it cost for an attorney to handle my divorce?
- The "average" contested divorce in the U.S. can cost $15,000 - $30,000, and sometimes much more depending on the complexity of
issues and level of acrimony between the parties. Attorneys charge either by the hour or on a flat fee basis. Your attorney should provide
a written fee agreement explaining his/her fees, and associated litigation costs like filing fees, expert witnesses, etc.