Divorce in Colorado: Overview of the Process

The divorce process in Colorado is referred to as “Dissolution of Marriage” and one party must reside in the State of Colorado for a period of 90 days prior to filing. Once the summons and petition are filed and served on your spouse, he or she will have 20 days (30 days if residing outside the State) to respond. Financial disclosures will be due 20 days after that response is filed, or 40 days after the initial filing if no response is filed.

Grounds for Divorce in Colorado

Each state has their own unique grounds in which a couple can cite for their reasons to seek a divorce. In Colorado, the grounds for divorce is that the marriage is irretrievably broken down and that the relationship can no longer continue due to discord or conflict in the marriage. This claim must be substantiated with testimony or evidence; otherwise the court may decide to dismiss the case.

Colorado’s Automatic Restraining Order

Once the divorce if filed, the court will issue what is called a “Temporary Injunction” which automatically goes into effect. This protects both parties by stating the following:

Neither party can remove any of the minor children from the state without the consent of the other party or without court approval.
Both spouses are prohibited from harassing each other or the children.
Neither spouse can cancel or modify any insurance policies, (medical, life, auto) without a minimum of 14 days notice and the written consent of the other party.
Marital assets cannot be hidden, destroyed, transferred, or used to borrow against without consent of the other spouse.

If either party violates this order, they will be subject to contempt of court, which could include jail time, fines and attorneys fees.

The Property Settlement

Both assets and debts acquired over the course of the marriage will be deemed as “marital property”. These will be divided equitably between the parties, not necessarily equally. When determining how to fairly distribute property, the court will consider the following:

The contributions each spouse made in acquiring the assets
The value of each spouse’s separate property
Current financial circumstances of each spouse at the time of division
Any change in value of separate property or if separate property was depleted during the marriage

Any property acquired before the marriage will remain separate property of the spouse who owns it.

Alimony, Child Support and Custody Arrangements

In Colorado, neither spouse will be automatically given alimony. The family court judge will determine if spousal support should be awarded and to which party. In marriages lasting more than 20 years, the judge may decide to award lifetime alimony to one spouse.

Both parties must submit a parenting plan to the court for approval. It should outline custody and visitation arrangements. If the parents cannot agree on this and fails to submit a plan, the court will formulate one of their own. Mediation can be used to settle disagreements between the parties.

There is a ninety-day waiting period in Colorado before a final divorce decree can be granted. The clock starts from the date the Respondent is served with the Summons and Petition.

How a Family Law Attorney Can Help

Going through the divorce process in Colorado can be an extremely stressful time. When you are unable to reach an agreement with your spouse, it may be time to get legal help. Family law attorneys can answer the many questions you may have about child custody laws. After the divorce many people wish to relocate out of the state to be with their extended families. They often wonder if they will be allowed to take their children with them. An experienced divorce attorney will be able to assist you with all of these issues.

Thinking About Divorce?