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Step 1 - Basics

Separation Case Basics

 

You will learn:

 

             1.  What a case does.
             2.  When you can file.
             3.  Tips for surviving.

 

Gavel dividing home and family.
Icon of two adults behind a broken heart.

1.  What a Case Does

 

With your input, the Judge will:

 

  • Divide up the marital property and debt.
  • Set up a parenting time schedule.
  • Determine child support.
  • Determine if any alimony should be paid.

 

Icon of question mark inside of courthouse.

2.  Can you File?

 

When Can You File?

 

  • No other family court cases exist.
  • Your child must have lived in Colorado for the last 182 days.
    • Or, since birth, if they are under 6 months old.
  • One of the parents must have lived in Colorado for the last 91 days.

These are the qualifications to give the Court jurisdiction.

 

Who Can File?

 

  1. Either spouse.
  2. You may start the case together.

 

These are the qualifications to give someone standing.

 

 

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3.  Terms

 

Dissolution of Marriage

 

The formal legal name for a divorce case.

 

Separation

 

You remain married, but your debts and assets are separated going forward.

 

Jurisdiction

 

The legal qualifications needed for a Court to be able to help your family.

 

Standing

 

The legal qualifications needed for a person to start or participate in the case.

 

 

Icon of a heart.

4.  Be Kind

 

Do No Harm

 

Avoid Emotional Harm
  • Don't talk badly about the other parent in front of the kids.
  • Don't harm the children's relationship with the other parent.

 

Decision Making
  • Intense emotions can cloud your thought process.
  • When emotions take over, it takes 20 to 30 minutes to calm down.
    • Take that time before making choices.  Or,
    • Wait until the next day to make a legal decision.
  • With a calm mind, you can make decisions that are right for your family.

 

A Time of Stress

 

Find productive ways to manage your:

 

Stress
  • Ge organized
  • Eat well
  • Get rest, and
  • Exercise.

 

Emotions
  • Develop a support system of adults.
  • Find positive ways to deal with tough emotions.

 

Disappointment
  • You won't get everything you want.
  • Get legal help, if possible, to make realistic requests.
  • See that the Court has to make difficult decisions.
  • Find ways to express your emotions that do not harm your family.

 

 

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Next Steps

 

Next  –     FIle the Case  or    Respond to the Case

 

Go To  –     Case Overview