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 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 Lawyers at Schmidt Law Group Laurie.
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- Filing for Divorce in Colorado: The Facts
- There is only one ground for divorce in Colorado – Colorado is a “no-fault” divorce state. 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). This means the Court will not consider the reason for the breakdown and will only ask each party if he or she feels the marriage is irretrievably broken.
- Colorado has residency requirements for divorce – At least one spouse has to have lived in Colorado for at least 90 days before filing for divorce. The court must acquire subject matter and personal jurisdiction over the parties and property subject to the action in order to grant a 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 one party does not participate in the action; the court will proceed via default and will most likely rely on the statements made by the opposing party.
- Contested divorce cases in Colorado are resolved by the district court – If divorcing partners cannot reach anagreement on any issue in their case (like parenting time or ongoing support payments), the judge will resolve the issue(s) being disputed. It is not uncommon for parties to reach agreements on some issues but not others.
- In terms of marital property, Colorado is an ‘equitable distribution’ state – When ordering a property division the judge will focus on a division that is ‘fair’ (rather than ‘equal’) for both parties. This does not mean a 50/50 division. The judge must look at the facts and circumstances of each individual case and make a division that he or she believes is fair.
- In terms of resolving parenting issues in Colorado divorce, the courts will be concerned with serving the best interests of the child(ren) – Best interest factors come into play when child issues are disputed in divorce cases. There are several factors the court will consider, including the wishes of the parents, wishes of the children (if they are old enough), and each parent’s ability and willingness to promote an ongoing relationship with the other parent.
- A divorce attorney’s role is as an ally – If you are considering retaining an attorney, ensure that he or she can help you avoid costly mistakes, keep your positions and expectations reasonable, 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.