Colorado Divorce Law Synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Colorado divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In order to obtain a divorce in the state of Colorado, one of the parties must have been a resident of the state for a minimum of 90 days and file their petition for a dissolution of marriage in a District Court of Colorado.
Colorado Grounds for Divorce
In Colorado, which is a no-fault divorce state, there is only one ground for a dissolution of marriage, and that is proof that a marriage is irretrievably broken.
Uncontested Divorce in Colorado
As a no-fault divorce state, if both parties agree, or negotiate to an agreement, over the terms of their divorce, they will be able to file for an uncontested divorce. In its simplest form, most of the work is taken up in filing papers and revealing the pertinent information to the court. In some cases, an uncontested divorce may be settled in a hearing, as well.
Contested Divorce in Colorado
If the couple seeking a dissolution of marriage decree in Colorado is unable to come to an agreement about the terms of the divorce, they will have to go through the process of a contested divorce. In those cases, it is important for the parties to retain divorce attorneys to help them negotiate for a settlement, or present their case before a judge to help determine such elements as division of property, child custody, child support, and alimony.
Annulment in Colorado
In contrast to many states, in Colorado it is easier to obtain an annulment of marriage than a divorce. However, the party seeking the annulment must be able to prove that some elements were lacking or improper in the marriage:
- Lack of consent due to one or both parties being under the influence of drugs or alcohol, or mentally handicapped
- One spouse is physically incapacitated
- One or more parties are underage: under 16, or under 18 without parental consent
- Fraud or misrepresentation
- Duress
- Incest, or intimate relations with a blood relation
- Bigamy
No Fault Divorce in Colorado
As a no-fault state, Colorado does not consider fault in divorce proceedings unless it is relation to a partner’s eligibility to be granted child custody.
Colorado Fault Divorce
Colorado does not have a procedure for pursuing a fault-based divorce.
Colorado Divorce and Child Custody
Child Custody Laws
Colorado courts determine custody based, primarily, on the best interests of the child, although they do take a number of other elements into consideration:
- The wishes of the parents
- The child’s relationships with both parents, siblings, and others who may affect the child’s interests
- The child’s adjustment to home, school, and community
- The mental and physical health of all those involved
- Each parent’s ability to encourage a positive relationship with the other parent
- Past relationships with the child
- Proximity of the parents and its effect on custody and visitation
- Any evidence of child abuse or neglect
- Any evidence of spousal abuse
- The ability of each party to place the needs of the child above their own
Child Alimony (Colorado Child Support)
The Income Shares model is used in Colorado to determine child support in divorce cases. Child support continues until the child is 19 or graduates from high school, unless the child is physically or mentally disabled and unable to care for themselves.
Colorado Divorce Spousal Support
In Colorado, spousal maintenance can be awarded on a temporary or permanent basis to either spouse, depending on the need of one spouse for support, and the ability of the other spouse to provide that support. In addition, the court generally considers
- The length of the marriage
- The standard of living the couple enjoyed
- The time required for the party seeking maintenance to find employment, as well as their future earning capacity
- The ability of the spouse supplying maintenance to meet their own needs plus the needs of the party seeking support
- Lump Sum Alimony
- Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Colorado
Spouses in the military are protected by Colorado law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Colorado Divorce Lawyer?
While in many ways Colorado is a conservative state, their policy of no-fault divorce makes it much easier to obtain a divorce than in many other locations throughout the nation. However, there are many situations in which couples cannot agree on the details of a divorce and what started out as a “simple” dissolution of marriage turns into a strain that neither of them can handle. Divorce attorneys not only can help with the legal aspects of these kinds of cases, they have invaluable experience helping couples negotiate and compromise as needed to reach a solution that a judge will approve.