Divorce in Colorado

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Colorado has specific requirements when filing for divorce, applying for alimony and splitting property.

Going through a divorce is always a trying process but it does not have to be confusing. Gaining a little knowledge and understanding of this ordeal can at least let you know what to anticipate in terms of the process and costs involved.

  1. Residency

    • Prior to filing for divorce in the state of Colorado it is mandated that both parties have been residents in the state for a minimum of 90 days. Anything less and the state will deny jurisdiction over the case.

    Grounds

    • The state of Colorado only recognizes no-fault grounds, or reason, with regard to divorce. When filing a petition for dissolution of marriage, the state will simply identify that the marriage is "irretrievably broken."

    Property

    • The Colorado courts believe that there should be a division of property that benefits both parties. As a result, there is not the standard 50-50 split of assets. The property in the marriage is distributed in a way that both parties walk away with what the court deems to be a "fair" division of property.

    Spousal Support

    • Spousal support in Colorado can be ordered as temporary or permanent. If, however, the spouse receiving the benefit becomes involved in another relationship, the support can be nullified.

    Time Period

    • Before the courts in Colorado will order the divorce finalized, a minimum of 60 days must pass from the time of the initial filing of the divorce papers. The majority of divorces are finalized within 60 to 120 days.

    Child Custody

    • The Colorado court system views minor children in a divorce case as an important issue. The state prefers that the parents work out a workable custody agreement that minimizes trauma to the child. If, however, the parents cannot, the court will intervene and define the custody arrangement based on listening to the desires of the child, assessing his relationship with both parents, evaluating each parent's living situation, their relationship with the child, and their desire to put the child's needs first.

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