Frequently Asked Questions

How much will my divorce cost?
It depends on how much the parties fight, whether the parties need experts, and if the parties follow court orders. In a Divorce where the parties agree (Uncontested Divorce) the costs are substantially lower.

Where do I file my Divorce?
The case should be files in the county where the responding party(Respondent) resides.

How long do I have to live in Colorado before I can get a Divorce?
There is a mandatory ninety-one (91) day waiting period before the Court can enter a divorce decree. This ninety-one (91) day countdown clock begins the moment the responding party (Respondent) is served/files the waiver of service.

What is personal service?
The Colorado Rules of Civil Procedure require that someone over the age of eighteen (18) who is not a party to the case hand deliver copies of the initial pleadings, summons, and case management order to the responding party (Respondent). The basic policy behind this is for the court to ensure that the other party has notice that the preceding is taking place. One way to serve someone is to go to the local police department and ask them to serve the other party. You can also hire private service agencies.

How do I protect my child(ren) during this process?
Statements the child makes are inadmissible in court as Child Hearsay. The court can appoint a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) as a neutral party who investigates the best interest of the child. The CFI or PRE writes a report which is submitted to the court. The CFI or PRE is later called as a witness to testify as to their report and the best interest of the children.

How long do I have to live in Colorado before I can file for Custody?
If the children are younger than six (6) months old then the children must have lived in Colorado since birth. If the children are older than six (6) months old, then the children must have lived in Colorado for at least the six (6) months prior to the filing date.

Why would someone get a Legal Separation instead of a Divorce?
There are several reasons why someone might file for Legal Separation instead of Divorce. Some of these reasons include: hope of reconciliation, religious reasons, moral reasons, aversion to a perceived stigma with Divorce, personal guilt, or just not ready to get a divorce but wants to be legally protected.

How is my Alimony (Maintenance) or Spousal Support calculated?
Alimony (Maintenance) or Spousal Support is calculated pursuant to CRS 14-10-114. The general calculation used by the court to determine the Maintenance Amount is [40% of highest gross monthly income - 50% of lowest gross monthly income = __________ ]. For more information contact Miller Family Law, LLC™.

What are overnights?
Overnights are the time the child(ren) spends with a parent. In order to determine the type of custody the court looks at the number of overnights spent with each parent. If a parent has fewer than ninety-two (92) overnights, then the parties will be on Worksheet A. If each party spends ninety-two (92) or more overnights with the child(ren) then they will be on a Worksheet B.

How is custody defined?
Custody is defined as “Shared Physical Custody” and “Split Physical Custody.” Shared Physical Custody is when the each parent keeps the child(ren) for ninety-two (92) or more overnights each year, and they both contribute to the expenses of the child(ren) in addition to payment of child support. Shared Physical Custody presumes that certain basic expenses for the child(ren) will be duplicated. Split Physical Custody is when each parent has care of at least one of the children and that the child reside with that parent the majority of the time.

How does custody affect the child support calculation?
Generally the minority parent pays the child support to the majority parent. Because there are other factors which determine child support like income and insurance, this is not always true.

What is FSR?
Family Support Registry (FSR) is Colorado’s child support and Maintenance processing agency. If you have obtained a Court order for Child Support and/or Maintenance, the Court can order that the payments are processed through the Family Support Registry (FSR) P.O. Box 2171 Denver, CO 80201. FSR monitors the frequency duration and method by which payments are made.

Am I in the same room as the other party during mediation?
In Mediation, Miller Family Law, LLC™ will have the parties in different rooms with the mediator going back and forth. There are many reasons for this. First, parties have the unique ability to push each other’s buttons. The goal of mediation is to circumvent these emotions and reach settlement. Attorneys and the Mediator are able to filter out the emotion and deliver negotiations without the hostility. This leads to more effective Mediation. Second, Miller Family Law, LLC™ does not want to give opposing counsel the opportunity to see what the client’s buttons are so opposing counsel can later push those buttons on the stand. Miller Family Law, LLC™ protects clients from this exposure.