Married couples in Colorado can lawfully split, divorce, or annul their marriage.
A divorce dissolves a marriage, distributes marital property, and terminates the marital rights of each spouse.
Divorce in Colorado requires residence restrictions. Typically, you must have lived in Colorado for at least 90 days before filing.
A legal separation is similar to a divorce, except the couple cannot legally remarry (and may retain inheritance rights).
Property from the marriage is divided, and child custody and maintenance may be awarded.
Legal separation in Colorado has the same residence requirements as divorce.
An annulment renders a marriage null and void (as if the marriage never occurred). If you are unsure whether to divorce, split, or annul, seek advice from a competent lawyer.
Divorce laws are the regulations that govern divorces. A divorce decree is a final court ruling that delivers a judgment and order making the marriage’s termination official.
Every divorce decree will be unique and based on the facts and circumstances of the case. A divorce degree’s general objective is to explain each party’s rights and duties in connection with the divorce and provide directions for child custody and property division, if applicable.
A divorce decree is critical because the divorce process can only be completed if the decree is issued.
As a result, an individual’s marital or divorce status will be changed or completed once the divorce decision is issued.
A divorce record can be official, which means it can be obtained for a fee from state records, or be indexed, which means it is available through many websites or organizations.
A divorce record is often available from the county court where the divorce was filed. If the record is not found there, it can be retrieved through the local recorder’s office.
What Documents Are Required to File for Divorce?
To file for divorce, you must complete several forms and submit them to your county’s District Court.
Petition for Dissolution of Marriage or Legal Separation, Summons for Dissolution of Marriage or Legal Separation, and Case Information Sheet are among the documents.
During the divorce process, more paperwork is required, such as financial details and a parenting plan (if needed). You must serve your petition and other paperwork on your spouse after you have filed them. Another adult must deliver the documentation; you cannot serve it yourself.
While you are not required to notify your spouse before filing for divorce, it may be in your best interests to do so. You may be able to reach an amicable agreement on the conditions of your divorce, making the dissolution of your marriage easier.
If you are a victim of domestic abuse, you should consider getting a restraining order before filing for divorce.
The Residency Requirements for Divorce
Every state requires the spouse applying for divorce to reside in the state in question. The period required to obtain residency may differ.
However, the residency requirement generally ranges from 6 months to 1 year. There are more divorce criteria that individuals should follow, including:
- Cooperation: The process will go much more smoothly if the parties try to work with the other parties and attorneys involved. A party may face sanctions if they purposefully disrupt or prolong the process;
- Being truthful: misrepresenting facts during divorce can result in legal consequences; exercising complete disclosure, particularly with relation to property and assets; and
- Being prepared: There are several deadlines and document requests throughout a divorce. It helps a person stay organized and on top of their needs, especially in the beginning.
You may want to research local and Colorado legislation or speak with an attorney before proceeding with a divorce.
It is crucial to note that the cost of a divorce lawyer may vary based on where the divorce proceedings take place. For example, a lawyer in Denver will almost certainly charge more than a lawyer in a smaller rural town.
During a Divorce, How Is Property Divided?
Reaching an agreement with your spouse is usually preferable before going to court. If you and your spouse cannot agree on sharing your assets, the court will divide your property evenly.
Equitable distribution does not split your assets in half. Instead, the court will decide what is fair based on several variables (including the worth of your property and the economic circumstances of each spouse).
While marital property is usually divided equally between spouses, you are typically permitted to keep your own property. This includes property purchased before the marriage, inherited property, and property excluded by a nuptial agreement.
However, if you mix separate property with marital property (giving your spouse access to and advantages from the asset), it may be termed marital property.
If you have any property division issues, consult a divorce lawyer. A competent lawyer can negotiate a fair allocation of your marital property, saving you time and money.
Exceptions to Equitable Property Distribution During Divorce
It is crucial to highlight that while assets and incomes gained during a marriage are distributed equally in a divorce, the legislation provides for exceptions, such as:
- Misappropriation: When one spouse obtains assets or profits unjustly before the divorce, this spouse has been harmed and will not receive the misappropriated assets or earnings;
- Debts: If either party has debt, this will be deemed the spouse’s liability. The other party will not be forced to pay half the debt when they divorce;
- Tort liability: If a civil case is filed against one of the parties that cannot benefit the couple as a whole, the potential monetary obligation deriving from the lawsuit will be the responsibility of the party who is sued; and
- Recovery from personal injury litigation: If either party receives a monetary reward due to a personal injury lawsuit, the award remains with the injured party and is not divided during the divorce.
What Should You Do if Children Are Involved?
If you and your spouse have children, you will need to discuss child custody and child support during your divorce.
Suppose you and your spouse cannot agree on child support and custody; The court will award custody and support based on several variables and guidelines, emphasizing the kid’s best interests.
Before you divorce, you should create a fair and reasonable child support and custody plan. These orders can be difficult to overturn later, and any revisions or disagreements will result in further attorney fees and charges.
Is It Necessary to Pay Alimony?
Before granting alimony or spousal support, Colorado courts consider a number of issues. These determinants include each spouse’s income, financial demands, and marriage length.
Alimony can be granted either temporarily or permanently. (It may even be required throughout the course of a divorce.) An experienced family law attorney can assist you in understanding your spousal support rights and duties.
Where Can You Find the Best Divorce Attorney?
Divorces can rapidly turn sour and complex. Consider hiring a Colorado divorce lawyer if your divorce may involve considerable property division, children, or alimony.
A lawyer will represent you and endeavor to achieve the best possible outcome. They can also keep you updated if there are any changes to Colorado divorce laws that might affect your legal rights and options.
