In 2019, there were over 740,000 divorces in the United States.
If you’ve unfortunately found yourself in the same situation and need to get a divorce, you might be wondering what the divorce laws in Colorado are.
Thankfully, you came to the right place. Keep reading to find out all you need to know about getting a divorce in Colorado.
Requirements for Divorce
When you want to get a divorce in Colorado, you’ll have to meet certain requirements.
There are four of them. First, one of the spouses has to be a resident of Colorado for at least 91 days before they file a petition.
Next, you’ll have to have 91 days past the summons of the other spouse. Third, Color has to have personal jurisdiction over another spouse.
Fourth, if there are children involved, they had to have lived in Colorado for at least 181 days.
However, as long as you meet the first two requirements, then a couple can get a decree of dissolution or legal separation. If they don’t have the third and fourth requirements, then they may not be able to divide assets and child support.
You should also know the basics of divorce in Colorado. Either spouse can file for divorce as long as they’ve been a legal resident for at least three months.
The person who files doesn’t get any advantage, at least in the eyes of the court. You won’t get a worse settlement if you’re not the one who files.
However, there could be advantages to the timing of when you file.
Most important, Colorado follows a no-fault divorce rule. This means that neither party has to prove a moral or biblical reason to get a divorce. While there might be circumstances that lead to the divorce, anyone can divorce for whatever reason.
When it comes to dividing assets, it will divide without fault. That meant that even if a spouse cheated, the assets will be divided based on other merits.
The court has to wait 91 days for the other spouse to respond after summons have been sent. However, if both spouses can agree and speak quickly, it could be quicker.
In general, most divorces in the state will take like six to twelve months to finalize.
If you don’t want to be with your spouse, you don’t have to automatically get a divorce. There are other options as well.
Dissolution of Marriage
A dissolution of marriage means that there are no half measures. Each party legally divorce.
They will file separate tax returns and are legally free to marry again.
However, you could also file for an annulment or legal separation as well.
Some people also handle divorces on their own. They don’t hire any attorneys and try to handle everything on their own.
However, this can be bad for people who don’t trust their partners. You could easily take advantage of it when you don’t know all the laws and rules.
Some people also choose to get a divorce online. The platform will walk you through the entire process, and some of them even offer guided interviews.
They’ll give you all the forms to sign while also educating you on important aspects of the legal issues. This is a straightforward path as long as you and your spouse are on the same page.
Once you hire divorce attorneys, they’ll help walk you through the entire process.
But in general, it all starts whenever you initially file for divorce. Then, you’ll have to deal with any temporary court orders or case management. This normally regards finances or concerning custody.
Then, you’ll go through the discovery and financial disclosure phase. This is where you’ll have to compare your financial assets in order to divide them up.
After that, you’ll have to deal with court proceedings or the negotiation for a settlement. After that, you’ll have the legal dissolution of the whole marriage.
Throughout the entire process, make sure that you’re in communication with your lawyer. They’ll be able to fill you in on all you need to know and update you every step of the way.
Division of Property
Keep in mind that when you’re dividing up the property, the Colorado law says that they want to divide it in a fairway.
The first thing that the court will try to figure out is to whom the property should be awarded. However, you shouldn’t assume that it’ll be divided evenly. There are often disproportionate assets in marriages as well, which make it hard to split things evenly.
The court will normally factor in what kind of assets each person brought into a marriage. The contributions either financial or non-financial will all factor in.
One thing that the court will really consider is marital property. This is something that the couple purchased together during the marriage. These are presumed to be marital assets, and these will divide equally.
However, some exceptions include inheritance property, gifts, and anything else that was made in an agreement.
Discover More About Divorce Laws in Colorado
These are only a few things to know about divorce laws in Colorado, but there are many more to consider.
We know that getting a divorce can be a stressful time, but you don’t have to do it on your own. We’re here to help!
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