Divorce Frequently Asked Questions: General

• Can I remain on my husband’s health insurance once we are divorced?
• Can I take my kids to Disneyland while the divorce case is going on?
• What is the parenting class and do I have to take it?

Can I remain on my husband’s health insurance once we are divorced?

Though there is no statutory rule regarding health insurance coverage after a decree of dissolution of marriage enters contained in the statutory section regarding divorce, the general rule of thumb is that most insurance companies will remove the other spouse within 30 days of decree entering, if not sooner.

How long a spouse can remain on the other’s insurance policy after the divorce enters is up to the insurance plan. Each plan can be different and both parties should inquire as to this issue so as to know where he or she stands in terms of coverage. Though the courts have power to order coverage for children, or the addition of them to an existing health plan, they do not have the authority to order an insurance company to continue covering an ex-spouse.

Can I take my kids to Disneyland while the divorce case is going on?

Pursuant to C.R.S. 14-10-107, there is an automatic injunction in place with each divorce case that precludes either party from taking the children out of state while the case is pending without permission from the other party or the court. In most instances, the parties will agree to allow the other to take the kids on an out-of-state trip while the case is pending.

However, there have been times over the years that our attorneys have had to file motions in divorce cases seeking permission for our clients to travel out of state with the kids. Presuming a party is not spending money on the trip that should be spent on support, or taking the kids on vacation when they should be in school, out-of-state travel should not be an issue. In the experience of our custody lawyers, Denver courts will generally grant permission to travel while the divorce is going on.

What is the parenting class and do I have to take it?

Pursuant to Colorado Statute, each party in a divorce with kids or custody case is required to take a one-time parenting class. This class is generally 3 to 4 hours and costs roughly $60. The purpose of the class is to teach people the dos and don’ts of how to deal with the children in light of the high degree of conflict that can come with a divorce or custody case. Many of our clients find the class helpful, others do not.

Regardless, it is required. In most cases, the court will not grant the divorce decree or final custody order until the class has been taken by both parties. When your divorce case is started, the court will issue what is called a Case Management Order, which will give instructions to the parties, including reference to the class and a list of classes you can choose from. The specific classes vary from county to county. Most classes are offered at fairly convenient times, recognizing that many people work.

FAQs Page

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