Divorce in Colorado: Basic Laws

The laws for divorce depend upon the state in which you live and in which you are getting divorced. When it comes to divorce Colorado residents have to face up to the laws unique to Colorado. Here are the basics.

Residency Requirements

Before you even think about filing for divorce with a Colorado court, you need to make sure that for this divorce Colorado courts have jurisdiction. If the court that you go to in order to seek out your divorce does not have jurisdiction then the case will be rejected immediately or will be dismissed when this lack of jurisdiction is discovered. A Colorado divorce can be filed within the county in which one of the parties resides assuming that party has resided in the state of Colorado for a sufficient length of time, usually 90 days.

Grounds For Filing

To initiate the process of divorce Colorado residents must file a Petition for the Dissolution of Marriage. This petition will contain the grounds for filing the divorce. The ground for filing are just the reasons why a divorce is being sought out and these reasons must be substantiated. This can be done either by an agreement between both parties in the divorce or by the spouse who is filing for divorce proving these reasons are legitimate. In Colorado, dissolution of marriage can only occur when the court comes to the conclusion that the marriage is irretrievably broken.

Property Distribution

The laws in Colorado for property distribution seek an equitable distribution. This does not mean that the division is equal but instead means that the court seeks a fair division of property. Ideally, individuals will come to agreements on the division of property on their own but if this is not achieved then the court can decide the property distribution. If this is the case then the following factors will help decide how the property is divided.

Each spouse's contribution to the original acquisition of property. Both direct financial contributions and contributions made as a homemaker are considered.
Economic considerations for each spouse at the time of the property division.
Value of the property and changes in value of the property.

Why You Need An Attorney

A divorce can be a trying time for anyone so you need an attorney to take care of all the details. Presented here are some of the basic divorce laws for Colorado but many other matters including alimony and such need to be decided. Your attorney will help to make sure that you know what your fair share is and that you get it.

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