Legal Definitions

A

A statement signed with an oath/affirmation saying the document is true and correct. Many documents in domestic relations cases include an affidavit.

Now called “maintenance,” alimony is money paid by one ex-spouse to another as a result of divorce and according to a court order. The paying spouse may have to pay for a specific length of time (often about half the length of the marriage) or it could be subject to a future change in the parties’ circumstances (such as remarriage or death of the receiving spouse), or both. The amount of alimony is often based on statutory guidelines and may be contractual and non-modifiable or could be specifically subject to a future modification.

A court case that deals with parenting time and parental responsibilities of a minor child or children but not necessarily division of property and debts. The cases are often filed by parties who were never married but who are splitting up and share minor children.

ADR is a broad/umbrella term that refers to settling a legal dispute without court intervention. The most common methods of ADR in divorce proceedings are mediation and arbitration. Most Courts in Colorado require the parties to at least try to settle their divorce case through mediation before the court will schedule the case for a final hearing.

A judgment by a court that retroactively invalidates a marriage. An order of annulment means that the parties were never married.

A method of alternative dispute resolution (ADR) that uses a neutral third-party (arbitrator) to work out disagreements. The arbitrator can make final and binding decisions about the disputed issue or issues. Arbitration is usually more expensive than mediation, but cheaper and quicker than holding a hearing in court. Unlike mediation, arbitrator’s make binding decisions for the parties. Unlike a court hearing, arbitration cannot be appealed. Normally, issues involving parenting time and decision-making cannot be arbitrated but other divorce issues can.

Past due child support or maintneance.

B

The legal standard used in Colorado to determine issues of parenting time and decision making. The standard is defined by Colorado Statute (see C.R.S. 14-10-124) which includes a list of factors that courts consider when making these decisions.

C

A court-appointed investigator whose role is to collect relevant information needed to make an informed recommendation concerning the best interests of the child. A CFI can be a mental health professional or an attorney. In Colorado, CFI’s are normally subject to a maximum rate which they may charge for their entire investigation. Therefore, a CFI’s investigation is normally more abbreviated than the investigation of a Parental Responsibilities Evaluator (PRE).

A payment from one parent to another parent of minor children as a contribution to the ordinary expenses associated with the care and support for the child. In Colorado, child support is calculated using child support guidelines. The Court can vary from the guidelines, but most courts, will not vary much from the guidelines without a compelling reason.

Commonly protection orders, also called restraining orders are court orders issued to protect victims of domestic abuse, stalking, sexual assault, child abuse, elder abuse, and sexual abuse. Civil protection orders have two phases: a temporary protection order and a permanent protection order. A party must first seek a temporary protection order. The victim must first prove to the court that imminent danger exists to the person or persons seeking the protection. These hearings are normally held with only the victim and judge or magistrate present. After a temporary protection order is issued, the victim and the restrained person are required to return to court for a hearing where the court will decide whether or not to issue a permanent protection order. To obtain a permanent protection order, the victim will need to show that the acts that led to the temporary order are likely to continue happeneing unless the permanent order is entered. If a civil protection order is issued during an active domestic relations case, the protection order can be consolidated into the domestic relations matter so there is just one court division and judge/magistrate handling both matters.

Colorado recognizes common-law marriage. A common-law marriage is treated just the same as a marriage in which the parties “formally” married. If the parties do not agree that they are common-law married, the court will take evidence and decide whether a common-law marriage exists or not. A common law marriage is established by both parties’ intent to be married, evidenced by their conduct, and followed by their mutual and open marital relationship. If two people want to be married and therefore live together, commingle their finances as a couple, and hold themselves out to the public as a married couple, they may create a common law marriage. One major factor courts look at is whether they filed taxes as married. There are several other factors as well.

A person or entity appointed by the court to make decisions about, and care for, a minor’s or incapacitated adult’s finances

A court case that involves appointment and supervision of a Conservator.

Custody has been replaced with the term “parental responsibilities,” which encompasses both parenting time and decision-making.

D

The area of divorce and APR cases that deals with who gets to decide on major issues for the minor child(ren). The main categories of major decisions are extracurricular, education, religious/spiritual, and health. For instance, the decision of whether or not to obtain braces for a child would be a major health decision.

As with all issues in divorce/APR, the parties can agree on how the major decisions will be made, or the court will decide for them if they can’t agree.

This is one area of divorce/APR where, even though Colorado is a “no-fault state,” the parties’ bad actions can matter, because a victim of domestic abuse is more likely to be given the final say on decision making as opposed to being ordered to make decisions jointly with the abuser.

A session where one party asks questions of the other party or a third party under oath. Like taking court testimony, but before court. The answers can later be used in court for various reasons. Depositions are uncommon in domestic relations and probate cases, but may be used.

Discovery is the formal process of gathering information for a court case. The primary methods of discovery are interrogatories (essentially just questions), requests for production of documents, requests for admissions, and depositions. Domestic relations cases in Colorado automatically allow certain types of discovery unless otherwise ordered by the court. Probate cases allow limited discovery until and unless a court specifically allows it.

A general term for legal actions involving dissolution of marriage, legal separation, and allocation of parental responsibilities (APR).

The legal term used to define a person’s permanent or primary home in which that party intends to remain. To establish domicile for children, with a few exceptions, they must have lived in the place of domicile for at least 180 days (or their whole lives if younger than 180 days).

E

A blend of collaborative law and traditional mediation which provides couples a new way to resolve their divorce. Instead of meeting with a single mediator, the parties meet with a team of two evaluators. One is usually a mental health expert and the other is usually an attorney experienced in mediation that has had no prior involvement with the case. The combined expertise of a mental health expert and an unbiased attorney can help parties settle their differences quickly and amicably.

The principle courts must follow when dividing marital property and debts. Equitable does not necessarily mean exactly equal.

F

A person who takes on the responsibility of caring for another person’s wellbeing or finances. This can include an agent under power of attorney, a conservator, a personal representative, a trustee, and the like.

G

A person appointed by the court to make health and welfare decisions for a minor or incapacitated adult.

A court case that involves appointment and supervision of a Guardian.

An individual appointed by the court to appear in a case on behalf of a child or an incompetent person. A GAL represents the best interests of the child or incompetent person. Ths is sometims different than representing what the child or incompetent person wants.

I

The parties to a dissolution of marriage or legal separation action are required to attend an Initial Status Conference within 42 days of a filing for dissolution of marriage or legal separation. Generally, all parties and their attorneys have to attend the ISC. The purpose of the ISC is to advise the parties of the case management and legal process and to identify any issues that the parties need resolved by the Court. In some jurisdictions, the court may enter certain temporary orders at an ISC. Every jurisdiction handles ISC’s a little differently. Refer to the case management order for the specifics in your case.

A person or entity that has a specific type of interest in a probate or protective proceeding. Generally includes heirs, beneficiaries, close relatives of the deceased person, creditors, and those with a property interested that could be affected by the outcome of the case.

A method of discovery in which one party writes a list of questions for the other party, which questions the other party must either answer under oath or have a valid objection to.

L

A form of separating rights and responsibilities of a couple without a resulting divorce decree. In Colorado, obtaining a decree of legal separation means addressing the same issues as a dissolution (divorce). After a legal separation is entered, the parties keep their finances separate unless otherwise stated in their decree of legal separation. The parties must complete the same procedural requirements for a legal separation as they do for a dissolution.

M

Formerly known as “alimony,” maintenance is money paid by one ex-spouse to another as a result of divorce and according to a court order. The paying spouse may have to pay for a specific length of time (often about half the length of the marriage) or it could be subject to a future change in the parties’ circumstances (such as the remarriage or death of the receiving spouse), or both. The amount of maintenance is often based on statutory guidelines and may be contractual and non-modifiable or could be specifically subject to a future modification.

Marital Agreements are specific contracts entered into before or after marriage to attempt to resolve issues of finances for a couple. To be binding and enforceable, Marital Agreements must follow specific guidelines, include full financial disclosures, include clear statutory language and notices, and should be reviewed by independent attorneys for each party.

Marital Agreements may address things like personal property, cars, real estate, bank accounts, retirement funds (though other written waivers and documents may be required to effectuate these), and the like, but, generally speaking, maintenance provisions in a Marital Agreement can be overturned by the courts, and courts will not uphold parenting time and child support provisions in a Marital Agreement.

Marital property usually consists of property and debt acquired by either spouse during the marriage. Marital property usually does not include property acquired by gift or inheritance or excluded by a valid Marital Agreement.

Mediation is a method of resolving disputes through a third party who is trained to reframe arguments and help parties better communicate. Mediation is confidential, and the mediator does not have the power to make binding decisions for the parties.

A motion is a document filed with a court that requests the court make a decision and enter an order on a given issue.

P

A parenting plan is the docuemnt that outlines parenting agreements or orders in a divorce with minor children or an APR case. The parenting plan often covers issues such as the parenting-time schedule, holiday schedule, who has authority to make decisions for the child(ren) and how, who has access to the child(ren)’s information, issues of discipline, taxes, child support, and the like.

When coupled with a court order adopting the parenting plan, the parenting plan becomes a binding court order that both parents must follow.

A licensed professional who evaluates the family dynamics to make recommendations about parental responsibilities (parenting time, decision making, etc.) in a child custody case.

A set of pre-written interrogatories (questions the opposing party must answer) approved by the Colorado Supreme Court under Colorado Rule of Civil Procedure (C.R.C.P.) 16(b)(1), 26, and 33(e) intended for parties to have the option to use in district courts. They are approved sample discovery requests, but they are not intended to be used in every case. Rather, parties consider their claims and defenses and whether the pattern interrogatories will help in their particular case.

Permanent orders are made after the conclusive hearing of the case, where the judge makes decisions concerning marital property, debt division, parenting time, parental decision making, child support, maintenance, attorney fees, and name change.

A protection order (commonly known as a restraining order) that orders the other party to stay away and not harass the protecte dparty. A permanent protection order typically has no expiration date.

The person or entity appointed by a court to oversee administration of someone’s estate after they pass.

The party that files for divorce.

An agreement made by a couple before they marry concerning the ownership of their respective assets should the parties divorce. See Marital Agreement for more details.

A presumption of paternity presumes that a man is a child’s father. The presumption is typically created by the child being born during the marriage or within 300 days of a marriage termination. However, it can also be created if the natural mother and the father marry after the child’s birth if he acknowledges his paternity of the child in writing and files the writing with the registrar of vital statistics; he gives consent and is named on the child’s birth certificate; or he is obligated to support the child. Additionally, a presumption of paternity may arise where a person holds a child out as his natural child.

The court process to administer someone’s estate after they pass. Generally includes opening the estate by filing opening documents, taking an inventory of assets, notifying creditors, paying debts in a specific order, distributing funds and goods to heirs, and closing the estate by filing final closing documents.

Without an attorney

Q

A specific court order issued to transfer funds from one ERISA-qualified retirement account to another without any of the normal tax penalties. The most common accounts that divided pursuant to a QDRO are 401(k), 403(b), and pensions. IRAs do not need to be divided with a QDRO.

R

Written requests that ask a party to admit or deny a specific fact or application of law. Each party is presumed entitled to serve up to twenty requests for admission on the adverse party unless otherwise modified. [C.R.C.P. 26(b)(2)]. Once an RFA is served, the party has thirty-five days to respond. If the served party fails to answer, the admission is deemed admitted. Typically, RFAs are used to narrow the issues that need to proceed to trial because if the fact is admitted, it is not at issue.

Requests for production [RFP] are requests for the opposing party to allow a party to inspect and copy the documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations which information can be obtained). In other words, it is a request for the other side to give you documents. The request must describe each individual document or category of documents with “reasonable particularity.” Once served, the opposing party has 35 days to give a written response and must produce the requested documents at the time and place indicated in the request.

The party that was served in a divorce case.

S

Property that is not considered marital property

A separation agreement is the docuemnt that outlines a divorcing couple’s property and debt division agreements or orders. It often covers issues such as division of vehicles, the marital home, bank accounts, retirement funds, maintenance/alimony, taxes, the like.

When coupled with a court order adopting the separation agreement, it becomes a binding court order and contract that both parties must follow.

Service of process is the act of notifying the other parties in your case that you are taking actions against them and the necessary steps they must take in order to respond. Certain documents filed in court have to be personally served (by a process server or nonparty over 18) while others can simply be mailed or sent through the Colorado Courts E-filing system.

T

Legally-binding court orders that go into effect while a divorce or APR case is pending. Temporary orders are primarily meant to maintain the status quo that parties had prior to filing for dissolution, separation, or custody cases. They help determine who is paying which bills, who gets to be in the house, and whether one party needs to pay the other maintenance or child support while final decisions are pending. Temporary orders are not allowed to prejudice final orders, and many temporary orders can be readdressed and adjusted for at final orders.

A mechanism, evidenced by a written and signed document, for directing how your assets will be used either before your passing, after your passing, or both.

The person or entity responsible for following the directives of a trust. A trustee is also a fiduciary and is subject to all Colorado rules and responsibilities of fiduciaries and trustees.

U

The UCCJEA governs State courts’ jurisdiction to make and modify child-custody determinations. The UCCJEA requires states to enforce valid child custody and visitation determinations made by other state courts.

UIFSA provides guidance as to which state has jurisdiction over the modification of child support payments. The Act provides the basis for Colorado to exercise initial child support or maintenance jurisdiction, or to modify a prior order. The jurisdiction is based on whether the court has personal jurisdiction over the respondent (opposing party).

V

For domestic relations cases, UIFSA provides guidance as to which state has jurisdiction over the modification of child support payments. The Act provides the basis for Colorado to exercise initial child support or maintenance jurisdiction, or to modify a prior order. The jurisdiction is based on whether the court has personal jurisdiction over the respondent (opposing party).