When Colorado's legislature created the state's divorce laws, the legislators intended to create an amicable settlement to the disputes that arise between two spouses during divorce. The legislature realized that it was in the best interest of each spouse and any children for there to be a peaceful resolution to the divorce and a continued relationship between the children and both parents. Laws in regard to divorce in Colorado can be found in the Colorado Revised Statutes, Title 14, Chapter 10.
Residency Requirements
To file for a divorce in Colorado, you must have lived in the state for at least 90 before the filing of divorce. It does not matter if the person you are seeking to divorce does not live in Colorado. Also, the divorce should be filed in the district court of the county where you reside.
Ground for Divorce
Under Colorado law, the court may not enter an order of divorce unless you prove that the marriage is irretrievably broken. The burden of proof is not high in that it will have been met if both parties to the divorce testify that the marriage is beyond repair. However, if you file for divorce and your spouse testifies that the marriage is not beyond repair, the judge has a few options. She can rule that the marriage is indeed beyond repair based on the evidence in front of the court or put the matter on hold for 30 to 60 days. The judge may also order you and your spouse to attend counseling during that time, after which she will make a final determination.
Simplified Divorce
Colorado family law allows for a simpler divorce process when both parties agree that the marriage has broken down beyond repair and both parties wish to divorce. This simpler process allows the parties to skip any formal hearing or court appearances. The Colorado statutes provide that certain factors must be met to do so. There must be no minor children involved and the wife must not be pregnant at the time. This requirement can be waived if both parties are represented by attorneys and have agreed on child custody and support issues. In addition, there must be no disputes in regard to spousal support or the division of marital property.
Division of Property
Generally, the court will ask that you and your spouse divide your property and debt in whatever way you see fit. However, if you are unable to come to an agreement, the court will divide your property and debt for you. Generally, the court will split marital property and debt about evenly, or as the court sees fair. Marital property and debt is anything that was accumulated during the marriage and with some, even minimal, input of resources by both parties.
Spousal Support
Colorado law allows the court to order one spouse to pay the other spouse spousal support, otherwise known as alimony. The court will examine certain factors in making the determination. For example, the court will take into consideration the financial means of both parties, the earning capacity of both parties, the lifestyle enjoyed by the parties during the marriage, and the age and health of both parties. Spousal support is not guaranteed and the court may decide it is unnecessary based on the division of marital property.
Child Support And Custody
Under Colorado law, and most other states as well, the court will determine child support payment and child custody issues based on the best interests of the child. For custody, the court will examine the child's relationship with both parents, the means of support of both parents, the child's preferences and the child's schooling. At this point, the court will award custody in a way that best fits the child's needs. Child support payments will be awarded in a similar fashion. Payments awarded by the court from one parent to the other are meant to be used for the child and the child's well-being.
