The court will consider all relevant factors when dividing the estate, and ultimately will allocate property and debt equitably, but, depending on the circumstances, that does not necessarily mean “equally” or 50/50 in every case. Similarly, courts may award spousal maintenance in an amount and for a term that is fair and equitable to both parties. Courts consider several factors, for example the parties’ incomes and financial resources, and may award maintenance based on the requesting party’s reasonable need and the other party’s ability to pay.

Generally, no. Assuming the court has jurisdiction and other requirements have been met, it will enter a decree of dissolution (grant a divorce) if it finds the marriage is irretrievably broken. If one party denies under oath that the marriage is irretrievably broken, the court will consider all relevant factors (including the circumstances that gave rise to the petition for dissolution and prospect of reconciliation) and may conduct additional proceedings and suggest counseling, before determining whether it irretrievably broken.

Protecting yourself before a divorce starts long before the divorce. Prenuptial and postnuptial agreements are a good way to protect yourself because spouses can agree to specific assets they would like to protect in marriage and divorce.

The court also actively looks to protect the parties to a divorce by enacting an Automatic Temporary Injunction, as soon as the divorce is filed, which does not allow one spouse to remove another person from insurance, take the kids out of state, or dispose/hide marital property.

1. Decision-making authority;
   • which encompasses big decisions such as health and education
2. Parenting time; and
3. Child support

No, Colorado is a marital property state, which means that any asset or debt acquired during the marriage is marital property and most things that are acquired prior to the marriage are separate property. A good example of this would be inheritance, which is considered separate property, even if it is acquired in marriage.