Divorce Colorado by doriann

VIEWS: 66 PAGES: 3

									                 Colorado Family and Marriage Law
                                By WILLIAM VAN HORN

                                  Van Horn Family Law, PC
                                     ATTORNEYS AT LAW
             3773 CHERRY CREEK NORTH DRIVE, SUITE 575 n DENVER, COLORADO 80209
                         TELEPHONE (303) 948-8435 n FAX (303) 948-3759
                                 Bill@VanHornFamilyLaw.com


 INTRODUCTION
  Bill Van Horn’s wife died of cancer when their sons were 10, 8, and 6 years old. Bill
 spent the next 5 years as a single parent. The parenting part was blessed, but the
 single part of single parenting was awful. Bill remarried, and picked up two step-
 children in the package deal.

 In God’s eyes, marriage is to be “until death do us part”. However, divorce is one of
 the realities of our fallen sin nature. Jesus said that divorce comes because of the
 hardness of our hearts.

 COLORADO LAW
 • No fault divorce. Colorado has specific laws regarding marriage and divorce.
   A common term is “no-fault divorce”, meaning that a husband or a wife does not
   need any reason for seeking a divorce. A more appropriate term could be
   “unilateral divorce”. If one of the marriage partners wants out of the marriage,
   there is nothing in Colorado law that can be done to prevent a divorce.

 •   Parenting decision making. If a divorce is filed, the couple needs to come to
     agreements on their divorce, or a divorce judge will make the decisions on
     these most important areas. Parents either share joint decision-making for their
     children, or one parent gets to make these decisions.

 •   Parenting time. Colorado no longer uses the term custody. Now, the terms
     used are decision-making and parenting time. Except in exceptional circum-
     stances, each parent will receive parenting time. A divorce judge can decide
     who gets parenting, whether that parenting will be supervised, and who would
     do the supervision of the parenting time. There are often long and expensive
     fights between a husband and wife as to how much parenting time each will re-
     ceive.

 •   Division of Assets and Debts. Either the couple decides how to divide their
     assets and debts, or a divorce judge will do it for them. Colorado law is not
     clear as to how this should be done, and there are often expensive and bitter
     fights over this.


Rocky Mountain Family Council, 8704 Yates Drive, Suite 205, Westminster, CO 80031 l www.rmfc.org
•   Maintenance. A generation ago, a wife often received alimony during a divorce.
    The current Colorado term for alimony is maintenance. Maintenance is now usu-
    ally not ordered, and if maintenance is awarded, it is only given to provide the per-
    son a period of time to receive training or education so the person can get a job
    and provide for herself (or himself).


BIBLICAL RESPONSES
•  Honor God. We are to honor God in all circumstances. When Job lost all that he
   had, he stated, incredibly, “The Lord gives, the Lord takes away, Blessed be the
   Name of the Lord”. We all go through difficult times in our lives. Divorce is one of
   the most difficult. But we are to honor God during all times. If you are going
   through a divorce, you now have a ministry. A mother who is dying of cancer has
   a ministry. It may not be the ministry she would have chosen, but it is a ministry
   nevertheless. Admittedly, determining how to honor God in these circumstances
   is a challenge.

•   Don’t be a lone-ranger Christian. We are called to be in fellowship with others.
    One of the specific directions to ladies in the Church is to mentor younger ladies.
    If you are a lady going through a divorce, find a Christian sister, and openly and
    honestly share with her. If you are a man going through a divorce, find a Chris-
    tian brother, and openly and honestly share with him.

•   Get the right kind of counseling. Sadly, the research shows that couples who
    are going through counseling are more likely to get divorced. My own view is this
    is because much of the counseling focuses on me-me-me. That’s not the basis
    for a healthy divorce. Find a wise pastor or your Christian sister or brother to help
    you.

•   Stay in the Word of God. For many of us, it would be more accurate to say to
    get in the Word of God. Attend a Bible-teaching church. Faithfully attend a Bible
    Study.

•   Be leery of divorce professionals. If you and your mate reconcile, the divorce
    professionals don’t make money off of you. If you go through a nasty divorce, it
    can be terribly expensive, and the divorce professionals will make a lot of money
    off of you. The financial incentives are perverse. Be forewarned.

•   Take the long view. The very long view. Everything we own will someday turn
    to dust. Don’t fight over it. Our relationships are for eternity.

•   Make your marriage better. Attend a marriage class through the Rocky Moun-
    tain Family Council. Read Christian books on marriage, and learn the proven
    techniques of how to improve your marriage.




Rocky Mountain Family Council, 8704 Yates Drive, Suite 205, Westminster, CO 80031 l www.rmfc.org
•   Ask for forgiveness for your spouse. Here’s how it’s done. Sweetie, I did something
    wrong (be honest and specific). I am sorry. Here’s what I’m doing to keep from doing that
    again. Will you forgive me?

•   Help other people with their marriages. It’s not good for anyone when our neighbors get
    divorced. It’s terrible when couples in the Church get divorced. Spend meaningful time
    with other couples, and encourage them in their marriages.

•   Pray. Pray for your mate. Pray with your husband and with your wife.

       Dear Lord, I acknowledge you as the Lord of all heaven and earth, and the Lord of my
       life. I confess that I am a sinner, and have sinned by not being fully honest with my
       wife, that I have been rude to her by not telling her when I’ll be home late from work,
       and that I didn’t pick up after myself when I left for work this morning because I thought
       it was more important to check email that to be sensitive and caring to my wife. I thank
       you for my wife and my marriage. I pray that I will be a better husband, and that I’ll
       start by praying with my wife tonight. Amen.



                                         William Van Horn
                                      Van Horn Family Law, PC
                                         ATTORNEYS AT LAW
                 3773 CHERRY CREEK NORTH DRIVE, SUITE 575 n DENVER, COLORADO 80209
                             TELEPHONE (303) 948-8435 n FAX (303) 948-3759
                                     Bill@VanHornFamilyLaw.com




    Rocky Mountain Family Council, 8704 Yates Drive, Suite 205, Westminster, CO 80031 l www.rmfc.org

								
To top