When getting a divorce, it is crucial to know your state’s specific processes and requirements. However, it can be overwhelming to try and determine the criteria for separation in your state alone. You are already navigating a huge life transition in ending your marriage, so having to explore requirements and specific rules independently can feel like an impossible task.
That’s why Denver Family Lawyers is here to help explain the basics for getting a divorce in Colorado. We can help you understand the basic tenets of filing for divorce in this state, such as the paperwork, requirements, and any other relevant issues. Make sure to follow along with our blog to learn more.
Grounds for Divorce in Colorado
Each state has different requirements when it comes to the grounds in filing for a divorce. Colorado is what the courts label as a “no-fault” divorce state. This means that one spouse only needs to cite that the marriage is broken beyond repair to proceed with filing for a dissolution of marriage. However, it is essential to note that fault-based reasons for divorce can come into play during the divorce. For example, during property division or determining spousal support, the courts may consider the grounds for divorce.
Residency Requirements in Colorado
Another critical component to understand in Colorado divorce is residency requirements. In order to file in the state, one spouse must have established some type of living in the state for at least 90 days or three months. While you may think this must mean that they have official residency, such as a home, this is not necessarily the case. Courts can use mailing addresses, car registrations, and even voter registration to help prove residency in a state.
Colorado Property Division
Property delegation in Colorado follows the “equitable division” process. This type of division means that the courts seek to divide property fairly, not necessarily in an even 50/50 split. In order to do this, the courts must consider specific factors about the couple to achieve a fair split of property. Factors that the court consider include:
Each spouse’s contributions to the marriage
The specific value of each piece of property
The financial state of each spouse after the divorce
Any gains or losses in property for each spouse
The property that courts consider for division is known as “marital property.” These are assets acquired during the marriage, such as the marital home, vehicles, and sometimes family pets. There is also non-marital property, which are any assets acquired by individual spouses outside of or before the marriage.
Preparing Divorce Forms
Now that you have considered essential elements such as grounds, residency, and property division, the preparation of divorce forms can be discussed more efficiently. The divorce process officially starts with the filing of a Petition for Dissolution of Marriage. Both couples can file for this jointly, or one individual spouse can choose to proceed. If only one spouse files, they will have to serve the other with divorce documents and a summons.
Waiting Period in Colorado
Keep in mind that filing for divorce is not an immediate fix in the state of Colorado. There is a mandatory waiting period that all couples must go through before finalizing the divorce. In Colorado, you have 91 days from filing to work through any present marital issues or navigate specific components of your divorce. However, it is important to note that not all divorces will take only 91 days to finalize. Some couples have serious marital issues to navigate or may involve more assets than usual. Factors such as these may contribute to a lengthier divorce.
Rely On Experienced Colorado Attorneys
Perhaps the most crucial note for Colorado divorce is that you don’t have to face the daunting process alone. Consider working with an experienced attorney from a qualified family law firm. You don’t have to search much further, Denver Family Lawyers is committed to helping you navigate your complex family law matters with compassionate legal advocacy.
To schedule a consultation, call us at (303) 225-3343 or visit us online.