Understanding the facts about Colorado divorce can help you take the rights steps to protect your interests as you move forward to end your marriage. It can also be the key to reducing the costs and duration of a divorce case.
So, if you are getting ready to file for divorce in Colorado, here are some of the most important facts to be aware of in terms of Colorado divorce laws, issues and procedures. When you are ready to receive information specific to you and your situation, don’t hesitate to contact Denver Divorce Lawyer Laurie Schmidt.
Filing for Divorce in Colorado: The Facts
- There is only one ground for divorce in Colorado – This is because Colorado is a “no-fault” divorce state. So, the only ground for a Colorado divorce is the irretrievable breakdown of the marriage (i.e., the marriage is beyond repair and there is no hope for reconciliation).
- Colorado has residency requirements for divorce – Specifically, at least one spouse has to have lived in Colorado for at least 90 days before filing for divorce. If a spouse tries to file for divorce without meeting this requirement, the case will be dismissed, and the involved parties will have to wait until the residency requirement has been met in order to successfully refile for divorce.
- Once a Colorado divorce petition has been filed, there is limited time to file a response – In fact, Colorado law provides 21 days for a response to a divorce petition to be filed if the divorce papers are served within the state, with the clock starting from the date of service. If the divorce papers are served outside of Colorado, the response will have to be filed within 35 days of being served. If no response to a divorce petition is filed within the given time frame, the divorce will likely proceed as an uncontested case. And that can mean that the petitioner (i.e., the person who has filed for divorce) will receive everything (s)he is requesting from the process.
- Contested divorce cases in Colorado are typically resolved by the family court – So, if divorcing partners cannot agree on even one issue of their case (like custody arrangements or ongoing support payments, for instance), the court will enter the picture to resolve the issue(s) being disputed.
- In terms of marital property, Colorado is an ‘equitable distribution’ state – This means that, when divorcing spouses cannot agree on how to divide up their marital property in divorce, the court will focus on a division that is ‘fair’ (rather than ‘equal’) for both parties.
- In terms of resolving child custody issues in Colorado divorce, the courts will be primarily concerned with serving the best interests of the child(ren) – Best interest factors come into play when child custody issues are disputed in Colorado divorce cases. Just some of the best interest factors that are generally considered include the mental and physical health of both parents, as well as each parent’s willingness to promote an ongoing relationship with the other parent.
- The representation of an experienced lawyer can be pivotal to obtaining the best possible outcomes from a Colorado divorce case – This is because a skilled attorney can fight to protect your interests, help you avoid costly mistakes and help you navigate the divorce process as efficiently as possible.
To find out more about your best options for proceeding with a Colorado divorce, please contact Denver Divorce Lawyer Laurie Schmidt by calling (303) 747-4686 or by sending her an email via this contact form. Attorney Laurie Schmidt is ready to provide you with the answers and information you need so you can make the best decisions for you and your family moving forward.