Colorado Divorce Laws
In Colorado, the only grounds for divorce are that the marriage is irretrievably broken. This is a no fault ground and there will not be an issue about whether one party caused more damage to the marriage than the other that led to the divorce. A petition for dissolution of marriage is filed by the petitioner to the respondent in the district court. At least one of the parties must meet the residency requirements of the state. The petition may be filed in the county of residence of either party, and a decree of dissolution of marriage will be issued when the divorce is final, if one party requests a legal separation and the other party does not disagree, it will be granted prior to or in lieu of a divorce. A separation can contain legal provisions regarding property, spousal support, custody, or child support. If either party believes that the marriage is not irretrievably broken and that reconciliation is possible, the court may assign counseling to the couple in an attempt to avoid divorce. Either party can request that their name be restored to a former name after the divorce.
A simplified divorce in Colorado may be obtained if the spouses do not have children or have completed a separate custody agreement, have no property to divide or have completed a separate agreement, and have no other contested issues.
Colorado Divorce Laws & Property
Colorado is an equitable distribution state and seeks to divide the property fairly but not necessarily equally in half between the parties. The court will consider many factors when dividing the property, including: each spouse’s contribution to the estate, including homemaking; the economic states of each party; whether the family home should be rewarded to the custodial parent; and the value of the property. Separate property that can remain with the original owner include inheritances and gifts, property that was acquired before the marriage, or property excluded by a valid agreement. When awarding marital property, the court will consider if either party depleted their separate property for the benefit of the marriage.
Colorado Divorce Laws & Alimony
Spousal support may be granted on a temporary or permanent basis to either party regardless of gender. During divorce proceedings, the court may allow the higher earning partner to pay a percentage to the lower earning partner as a temporary means of support. Alimony is awarded based upon factors including: the duration of the marriage and the standard of living established; the financial resources available to the party seeking support, including their ability to support themselves; any property awards from the divorce; the age and health of the parties; whether the party seeking support will need further education or vocational training to gain employment; and the ability of the spouse providing support to reasonably support themselves as well.
Colorado Divorce Laws & Child Custody
The court will award child custody based upon the best interest of the child. The following issues are taken into consideration: the wishes of the child, if they are old enough to express an opinion; the wishes of the parents and their request for parenting time; the relationship of the child with their parents, siblings, or other family members; the child’s adjustment to home, school, and community and how a custody arrangement would affect that; the physical and mental health of every party involved; the ability of both parents to encourage the child’s relationship with the other parent; any history of abuse or neglect; the past pattern of involvement of both parents with the child, including the time commitment and type of values revealed; the distances between the parties and how this affects parenting time; and the ability of both parents to place the needs of the child above their own needs. The court may request that the parents attend counseling or mediation to learn about the effects of divorce on children and how to appropriately deal with disputes and consequences.
Colorado Divorce Laws & Child Support
Colorado uses a formula called the “income shares” model to calculate child support. It takes the incomes of both parents and then uses calculations to determine the percentage that each parent is responsible for. Other considerations include: the standard of living experienced by the child during the marriage and whether it would have continued; financial resources of the child and of both parents; and any special needs of the child related to health, education, or other support. Child support usually ceases when the child turns 18, unless there are provisions to support the child in college. Costs for the child to attend college can also be included in a child support agreement and will vary for each individual case.
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