Divorce Laws in Colorado

Divorce in Colorado: Law, Attorneys, and Family Lawyers

Colorado family court law grants divorce on the basis of both no-fault and fault divorce grounds via a “Dissolution of Marriage.” After filing the petition for dissolution of marriage, there is a 90 day waiting period, and one of the spouses must have lived in Colorado for 90 days prior to filing. The same timeframe applies to legal separation in Colorado.

Colorado is a conservative Christian state, and the most recent report estimates the divorce rate at a mere 0.38% per capita per year. Annulment is a rarely-used procedure in Colorado, as it is much more challenging to obtain than a divorce. Grounds for annulment are few and hard to prove.

Uncontested Divorce In Colorado

Uncontested divorce is the speediest and most convenient means of divorce in Colorado. As long as both parties agree to the terms, this option is available. It is sometimes referred to as a “decree upon affidavit,” which means you will not need to appear in court in person – a written affidavit will do.

Uncontested divorce procedures are best suited for simpler divorces and can be done in Colorado by yourself, without the need for an attorney (a sample “affidavit for decree without appearance of parties” can be found here). However, if children and property are involved, you will require a separation agreement, in which case consulting with a lawyer is recommended. The court fee for an uncontested divorce in Colorado is currently $195 and the process takes a minimum of 90 days.

Legal Separation in Colorado: Exploring Your Options

Separation is often a difficult decision, and it’s important to understand the legal implications for couples in Colorado. A legal separation is different to a divorce as the couple remains married, but they are legally bound by an agreement. The process can be similar to an uncontested divorce and a formalized “separation agreement” will be made with the court. You (or your spouse) must have lived in Colorado for at least 90 days before filing, and you need to file in the County in which you live. Similar to divorce, spouses must wait 90 days for the Decree of Legal Separation to be issued.

If you’re considering a legal separation in Colorado, there are several reasons it could be beneficial. In many cases there are financial incentives, health benefits, military or children to consider. When you are legally separated you are still married and cannot re-marry, but you do have the option to cancel at a later date or move to divorce.

Divorce Grounds in Colorado

Colorado is one of the states of the US with low divorce rates. There is only one legitimate divorce ground in Colorado, which is irretrievable breakdown of marriage. This stands for a marital relationship breakdown beyond any prospect of reconciliation. You and your spouse can file for divorce if so is the case under this divorce ground in Colorado. The court of law under the divorce laws of Colorado will investigate the matter if you or your spouse deny or declare a claim of your spouse of irretrievable breakdown of marriage. Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Colorado.

Establishing Residency

Colorado divorce laws require that one of the parties has been domiciled in Colorado for ninety days preceding the start of the proceeding. But what does that mean? In simple terms, it means that you must have been living in Colorado for at least three months before you can file for a dissolution of marriage.

Documents Required for Filing Divorce

The most important documents needed for starting and finalizing the dissolution of marriage are the Petition for Dissolution of Marriage and the Decree of Dissolution of Marriage. You may also need a Notice to Set Non-contested Hearing, UCCJEA Information Sheet, Summons for Dissolution of Marriage, and a Domestic Relations Case Information Sheet.

Distribution of Property

Colorado divorce laws provide for a Marital Settlement Agreement, or property award, which is declared by the court within the Decree of Dissolution of Marriage. This agreement outlines the issues of property and debt between the spouses.

Changing or Restoring Your Name

In a divorce, there is no hard and fast rule for obtaining your previous name. However, you can request the court to have your name changed or restored.

Mediation and Counseling

If the spouses do not agree that the marriage is irretrievably broken, the court may request a counseling period of at least one month, but no longer than two months. The court may also order arbitration to settle other disputes.

Alimony

Colorado divorce laws use a complex formula to award alimony. If the total income of both spouses is less than $75,000, then the amount awarded is 40 percent of the higher income minus fifty percent of the lower income. If the value is negative or zero, then alimony is not awarded. If the total income is more than $75,000, other factors are taken into consideration by the divorce court.

Child Custody in Colorado

When it comes to divorce in Colorado, the state puts the best interest of the children first and foremost when making decisions about child custody. Parents can also submit a parenting plan and request for joint custody. The non-custodial parent is then awarded visitation rights.

Child Support

In Colorado, the Income Shares Model is used to determine child support, which is based on the gross incomes of both parents. This is based on state divorce laws, and the payments are expected until the child turns 18 or until they have graduated high school.

Colorado Annulment Laws

Annulment and divorce are two very different ways of ending a marriage. Divorce is a decree ending a marriage, while annulment is an order that the marriage is void. In Colorado, it’s easier to get an annulment than a divorce, but one must prove certain grounds in order to do so.

Grounds for Annulment in Colorado

• Lack of Consent – Both parties must give their consent to enter into a marriage, and if either was under the influence of drugs or alcohol, or partially mentally handicapped, a claim for annulment is legal.
• Physical Incapacity – If physical incapacity is adversely affecting the marriage, an annulment is possible.
• Underage Marriage – Colorado has strict laws against underage marriage, and a marriage under 16 or 18 without parental or guardian consent can be annulled.
• Misrepresentation or Fraudulent Act – Fraud or misrepresentation is grounds for an annulment.
• Duress – If a marriage is entered into under duress or compulsion, it is void and an annulment can be filed.
• Incest – Incest is defined as sexual intercourse with a blood relative, and a marriage between close relatives like a father and daughter can be annulled.
• Bigamy – Marrying someone while already married is bigamy, and is grounds for an annulment.

 Colorado Divorce Laws:

Common Questions

Filing for divorce can be a daunting process, and understanding the state’s laws can be a challenge. Here are some frequently asked questions to help you make sense of Colorado’s divorce laws.

How long must I reside in Colorado to be eligible for filing a divorce?

The state of Colorado requires that you reside in the state for at least 90 days before filing for divorce. This waiting period is mandated by the court and your divorce decree could be issued as early as day 91.

How long does an uncontested divorce take in Colorado?

The minimum time is 90 days due to the mandatory 90-day waiting period. The actual time it takes to process the divorce depends on how simple or complex the case is.

What if my spouse resides in another State?

If your spouse resides in another state, you can still file for divorce in Colorado.

Is simply my testimony of an irretrievably broken marriage enough for divorce?

Yes, one spouse’s testimony of an irretrievably broken marriage is enough to file for divorce.

What is the filing fee for divorce in the State of Colorado?

The filing fee depends on the county you reside in. At time of writing, the fee is $195.

Do Colorado divorce lawyers charge per hour for their services?

Yes, divorce lawyers in Colorado charge you on a per hour basis. The fee is normally anywhere from $90 to $300 per hour.

How much will my divorce cost me?

The amount depends on the rate you and your lawyer agreed upon, as well as the time it takes to settle the divorce. On average, the cost of an uncontested divorce in Colorado is $195.

Since my spouse and I agree on everything, why do we need to hire Colorado divorce lawyers?

If you and your spouse agree on everything, you wouldn’t need to file for divorce. However, Colorado divorce law makes it clear that each spouse must be represented separately in court.

Can I represent my own interests in court?

Yes, you can represent yourself in court, but it is generally not advisable. It’s best to consult an experienced lawyer who can ensure your rights are protected.

Does the State of Colorado recognize common laws?

Colorado does recognize common laws, but it must be proven by both spouses. Cohabitation must exist between the couple in order to be called common law.

Is Colorado a No-Fault State?

Yes, Colorado is a no-fault state. In fact, you can’t file for divorce with grounds in the state of Colorado.

How long does a couple have to be separated before filing for divorce in Colorado?

The state of Colorado has no requirements for separation before divorce.