Legal Question in Family Law in Colorado

Re: Divorce

I am sorry to hear of your situation. The good news for you is that Colorado requires equitable division. The presumption is that will mean 50/50 division of assets and debts. However, if you can show the court a good reason to divide the assets and/or debts differently, the court may find that it is fair to divide it differently. There is no set formula for maintenance, other than temporary maintenance (which is the difference between a percentage of his income and a percentage of yoru income). Considerations for maintenance after permanent orders include his income, your income, your ability to earn, the lifestyle you have led together during your marriage, and his ability to pay. Before you go to mediation (it is a requirement in Colorado that parties try mediation), prepare yourself some notes about what you want, how you want it to be divided, and why. This will help you to stay focused. It is not necessarily a bad thing to agree to settlement in mediation. Just make sure what you need to get out of this is being met. If it is, save time and effort and agree! If it is not, it is ok to agree to some things and not others. It is also fine to not agree to anything in mediation. For any issues which are not resolved in mediation, be sure to keep your notes and take them with you to your permanent orders hearing (the final date when you go before the Judge and have the divorce finalized). This will help you remember the things you want to tell the Judge you want, and enable you to explain to the Judge why you need/want those things. I wish you the best and will keep you in my prayers.