Sadly, not all marriages last forever. Divorce happens in nearly half of all marriages. If it does happen, you need to know the laws and requirements for your state of residency. Here is what you need to know about Colorado divorce laws.
First of all, there are residency requirements. Before filing for divorce, either you or your spouse must have been a Colorado resident for at least 91 days. Colorado is a no-fault state, so you do not need any grounds for divorce except that the marriage is “irretrievably broken.” This means that the couple cannot get along, and that is unlikely to change anytime soon.
Legal separation is an alternative to divorce. You would have to go through the same steps, but the only difference is that the marriage is not terminated. You are still legally married, so you cannot get married again until you go through a divorce.
Many couples separate before divorce, although that is not a requirement in Colorado. It is best to discuss the issue of leaving the marital home with your lawyer, as this may not be in your best interest.
Colorado is one of many states that follow equitable distribution laws. This means judges will divide property based on what is fair. It may be 50/50, 60/40, 70/30, or some other percentage. Valuing assets is usually straightforward, but some assets, such as businesses and retirement accounts, can be harder and require experts such as accountants.
Child custody is based on the best interests of the children. There are various factors involved, such as the relationship and bond each parent has with the child, as well as the ability of each parent to provide for the child’s needs.
How Long Does a Divorce Take?
How long a divorce takes depends on the circumstances involved. Before a decree can be issued, there is a 91-day waiting period from the date the non-filing spouse receives the divorce papers. This serves as a cooling-off period to allow the couple a chance to reconcile.
If your divorce is uncontested, it will usually be resolved soon after the waiting period. However, if your divorce is contested, there are additional legal steps that you will have to go through. This can add several months to the process. If you have to go to trial, that process could take a year or longer. So, it all depends on how well you and your spouse get along and are willing to negotiate.
Contact Us Today
Each state has different laws when it comes to divorce. If you are planning to end your marriage, make sure you understand the Colorado divorce laws involved.
The team at Tanis McGonegal Family Law, P.C. will hear you out and help you make informed decisions during this difficult time. Schedule a consultation with our Colorado divorce lawyers today by calling (303) 465-4605 or filling out the online form.
