For many people, a divorce is their first encounter with the legal system. As a result, many of the terms used by attorneys and judges are unfamiliar. Below is a glossary of terms you will hear often during the course of your family law matter.
The terms are listed in alphabetical, rather than chronological, order.
case management order
An order from the judge that outlines what you need to do to complete your divorce. It includes important deadlines, so make sure you read it carefully!
CHILD AND FAMILY INVESTIGATOR (CFI):
A neutral third party who conducts an investigation and makes recommendations to the court about parenting time and decision-making. A CFI’s investigation is limited, and is most appropriate for minor disputes that do not involve concerns about mental health or substance abuse. A CFI’s fees are capped at $2,750, which is generally split between the parties.
INITIAL STATUS CONFERENCE:
The informal first meeting with the judge. At this hearing, the judge will determine whether to set hearings for temporary or permanent orders. The judge will also ask about the status of the case, and whether financial disclosures have been made.
MAINTENANCE:
Colorado uses the term “maintenance” instead of “alimony,” though the terms are synonymous. This refers to support for the spouse, as opposed to child support.
PARENTAL RESPONSIBILITIES EVALUATOR (PRE):
A neutral third party who investigates and makes recommendations to the court. A PRE must be a licensed mental-health professional. Although similar to a CFI, a PRE investigation is more detailed than a CFI investigation, and is appropriate for high-conflict cases, or cases where there are concerns about the mental health of either party. A PRE’s fees are not capped, and therefore can often run $5,000 to $10,000.
PARENTING TIME:
Colorado has changed the term “custody” to “parenting time.”
PERMANENT ORDERS:
The final orders issued at the end of a case, which include the Decree of Dissolution, Parenting Plan, child support and maintenance orders, and division of property.
petition
This is the first document you will fille that kicks off the divorce. Once you file, you will be assigned a case number, and your case will be assigned to a judge.
petitioner/respondent/co-petitioner
The Petitioner is the person who files the Petition for Divorce. If the other spouse signs a copy of the Petition, they are called a Co-Petitioner. This indicates that they are also requesting a divorce. If the other spouse does not sign the Petition, they are called a Respondent, because they are responding to the Petition.
QDRO:
Qualified Domestic Relations Order. This order is used to split retirement accounts between divorcing spouses. Although not required for an IRA, it must be used if a 401(k) is to be split as part of the property division.
SEPARATION AGREEMENT (Now called property & financial agreement)
The document that divides the property and debts between you and your spouse.
summons
A legal document notifying the non-fiing party that a divorce has been filed, and requiring them to come to court.
SWORN FINANCIAL STATEMENT (SFS):
A signed document signed by each party that lists income, expenses, assets, and debts.
TEMPORARY ORDERS:
An interim hearing that is held early in the case. The court may enter orders for maintenance, child support, and parenting time until the permanent orders hearing is held.
waiver of service
A document signed by the non-filing party that they have received a copy of the Petition and are aware the divorce has been filed. This document does not give up any rights; it just means that the sheriff or a process server do not have to serve the non-filing party.
If you are looking for help with your Colorado divorce, Katelyn is here to help!