State Laws

Colorado Divorce

     

Colorado Divorce
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 un-emendable reasons.

Court Paperwork
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.

Distributing Property
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 accordingly.

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.

See also:
Colorado Gun Laws
Colorado Bankruptcy
Colorado DUI Laws
Colorado Misdemeanor External link (opens in new window)
Colorado Felony External link (opens in new window)
Colorado Expungement External link (opens in new window)