Different titles of divorce are designated in Colorado that are
different from those of other states. The individual who files for
divorce is called the petitioner, while the individual who is later
served with a divorce is called the respondent.
The divorce will take place through a county district court where one
of the individuals resides. Colorado has specific residency requirements
for filing for divorce. One of the spouses must be a Colorado state
resident for a minimum of ninety days before a divorce case can be
filed. If both individuals are Colorado residents, the case can either
be filed in the county of the wife or in the county of the husband. If
the petitioner is not a state resident then the case will be filed to
the court where the respondent has residency.
Grounds for Divorce Filing in Colorado
The United States mandates that a divorce must be grounded on specific
circumstances, meaning that a divorce will need to have a reason for
happening. Divorce grounds are to be filed through the Petition for
Dissolution of Marriage. The grounds for divorce must be under
Colorado-specific laws. Both individuals may come to a conclusion on
which grounds a divorce will be sought or the petitioner will prepare
for which grounds he or she will present to the court to prove valid.
Colorado law states that grounds for divorce are to be based on
Those involved in divorce proceedings are required to file a petition
for Dissolution of Marriage and Decree of Dissolution of Marriage.
These documents can be up to twenty pages long and can include a UCCHEA
Information sheet, a Domestic Relations Case Information Sheet, a
Notice to Set Non-contest Hearing, a Summons for Dissolution of
Marriage, and a Marital Settlement Agreement. The District Clerk's
office will manage all the necessary paperwork while the process is
being handled through lawyers.
Colorado is considered to be an equitable distribution state where all
the property acquired during the marriage will be divided equitably. If
the individuals involved in the divorce case cannot reach a property
settlement in a fair manner then the court will divide the property
When dividing the property the court will consider four factors. One of
these is how much contribution each individual made to the property at
hand, no excluding that of a homemaker. Another factor is the
consideration of the property's value for each individual. One factor
is that of each individual's personal economic circumstances when the
property is being divided. This may include presenting the home to the
individual responsible for any children resulted in the marriage. The
final factor to be considered by the court is that of the increase or
decrease of any property for marital reasons.
Possible Spousal Support
Spousal support is not automatically assigned by the court in every
case. Whether or not spousal support is granted depends on the
financial stability of the individuals involved, either permanent or
temporary. Awarding spousal support is at the discretion of the court.