CO Bar Family Law 2 — Questions and Answers
Question 1: If both spouses deny that their Colorado marriage is 'irretrievably broken,' what must the court do before it can proceed with dissolution?
- Grant dissolution based on the filing date alone
- Continue the case 30–60 days and then reconsider (Correct answer)
- Dismiss the petition immediately
- Order mandatory arbitration
Correct answer: Continue the case 30–60 days and then reconsider
Under C.R.S. 14-10-110, if both parties deny the marriage is irretrievably broken the court must continue the matter for 30–60 days before reconsidering.
Question 2: Wife purchased the marital home before the marriage. During the marriage, Husband contributed $50,000 in marital funds toward the mortgage. Upon dissolution, how should the home be characterized?
- Entirely Wife's separate property
- Entirely marital property because it became the family home
- Partially marital to the extent of marital contributions (Correct answer)
- Husband is entitled to a $50,000 dollar-for-dollar reimbursement only
Correct answer: Partially marital to the extent of marital contributions
Under Colorado law, separate property remains separate but marital funds used to pay down the asset create a proportional marital interest subject to equitable division.
Question 3: What is the minimum waiting period in Colorado between service of the dissolution petition and entry of a decree?
- 30 days
- 61 days
- 91 days (Correct answer)
- 180 days
Correct answer: 91 days
C.R.S. 14-10-106 imposes a 91-day minimum waiting period after service before a decree of dissolution may be entered.
Question 4: Colorado courts divide marital property using which legal standard?
- Community property — mandatory 50/50 split
- Equitable distribution based on all relevant factors (Correct answer)
- Title-based ownership — whoever holds title keeps the asset
- Fault-based allocation favoring the non-wrongdoing spouse
Correct answer: Equitable distribution based on all relevant factors
Colorado is an equitable-distribution state; courts divide marital property in a manner that is just after considering all relevant factors, not necessarily 50/50.
Question 5: A spouse receives an inheritance during the marriage and keeps it in a dedicated separate bank account with no marital funds deposited. Under Colorado law, the inheritance is:
- Automatically marital property because it was received during the marriage
- Presumptively marital property unless the spouse proves otherwise
- Separate property unless commingled with marital funds (Correct answer)
- Subject to 50/50 division regardless of source
Correct answer: Separate property unless commingled with marital funds
Colorado treats gifts and inheritances received by one spouse as separate property so long as they are not commingled with marital assets.
Question 6: Under Colorado's maintenance statute, which circumstance automatically terminates a maintenance obligation absent a court order to the contrary?
- The receiving spouse obtains full-time employment
- The receiving spouse remarries (Correct answer)
- Three years pass from the date of the decree
- The payor spouse retires
Correct answer: The receiving spouse remarries
Under C.R.S. 14-10-122, maintenance terminates by operation of law upon the death of either party or the remarriage of the recipient spouse.
Question 7: For which minimum marriage length does Colorado's statute provide a presumptive formula calculating both the amount and duration of maintenance?
- Any marriage regardless of length
- Marriages of at least 3 years (Correct answer)
- Marriages of at least 10 years
- Marriages of at least 20 years
Correct answer: Marriages of at least 3 years
The 2014 amendments to C.R.S. 14-10-114 established presumptive maintenance amount and duration guidelines for marriages of 3 years or more.
CO Bar Family Law 2
If both spouses deny that their Colorado marriage is 'irretrievably broken,' what must the court do before it can proceed with dissolution?