Going through a divorce could be challenging and complicated. Many people don’t like to go through it. However, life happens. In case you are going for divorce, you need to know your options.
Requirements for Divorce
To be eligible for divorce in Westminster, CO, and the entire state of Colorado, you need to have lived in Colorado for at least 90 days before filing for divorce.
Most times, your application will go through without any hiccups. Other times, the courts will want you to prove that you’ve been in Colorado for the past 13 weeks. You can show that you’ve lived continuously in Colorado for that period or more by providing evidence.
The following are some evidence that’ll help you prove residency:
- Income tax and properties tax receipt for the period in question.
- Voter registration completed in the past year.
- Auto insurance card issued in the year preceding the divorce proceeding.
- An affidavit of a witness can help to prove that you’ve lived in Colorado for the past three months.
You should engage the services of a divorce lawyer in Westminster. By doing this, you will be making things easier than doing it yourself.
Grounds for Divorce
The ground for divorcing in Colorado is pretty simple. Colorado is a no-fault state. This means you do not have to prove anything to anyone regarding why you want to leave the marriage. If you’re not comfortable with marriage any longer, you can file for a divorce in Colorado.
Wait for the Divorce to be processed
If everything goes well, the divorce should be completed in six months after filing for divorce. During that period, none of the parties could remarry. Otherwise, they will be charged for bigamy. However, some divorces might take more than that. In cases where the marriage has some financial issues that haven’t been resolved or child custody gets complicated, it might take up to two years for the divorce to be processed.
Remember Every Divorce Case is Different
Just because you know someone that had a divorce doesn’t mean your own will go the same way. It is why it is wise to engage the services of a divorce lawyer to guide you through the process.
Some spouses might deliberately complicate the divorce process. Working with an attorney will reduce your workload during the divorce process.
The Divorce Process
The divorce process is pretty straightforward. You can do it all alone in Colorado. All you have to do is to gather important information that might be needed during the divorce process. Information like tax paid over the years, income and bank statement, and even medical records if you’re filing for some claims.
If you do not know what file to submit, you can reach out to a lawyer in Broomfield to help you with this process.
Be Optimistic about the Divorce
See the bright side of the divorce. Instead of seeing the divorce as a setback, you should see it as the end of a bad relationship. You can then try to build on it from there.
Furthermore, you might ask for support from those who have been previously divorced. However, you should be sure that they are worth taking advice from before you take this step.
Child custody in Colorado is a bit complicated compared to that of other states. Unlike other states that have joint or sole custody, Colorado has parental responsibilities and legal custody.
In Colorado, the right for a parent to raise the child is not denied to the parent. Except in the rarest of cases where a parent will limit contact with the child. Even at that, the parent can still maintain contact with the child.
There are either joint parent responsibilities or primary parental responsibilities. The definition of primary parental responsibility is when the child spends less than 90 overnight visits.
A parent does not need to have equal parental responsibility days with the child to qualify as a joint parent. If it passes 90 days, both parents hold collective parental responsibility.
Some big decisions will need to be made in the life of the child. Both parents need to be aware of this. The parent who can make most of these decisions for the child is said to have legal custody.
The significant decisions include health and educational decisions. This also includes the kind of religion that the kid is exposed to. In Colorado, no parent by law should be oblivious of decisions made in their child’s life.
Joint legal custody can help solve this. But, it depends on how cooperative both parents are on the issue. If a parent is abusive, the judge will evaluate if their history will hurt the child’s mental and physical health. If a parent is negligent, that parent might not get legal custody.
Evaluation for Custody
There’s a hierarchy that the judge follows to determine who should have custody of the child.
First is the child’s wishes, provided the child is old enough to express themselves. However, this wish isn’t accepted solely because the child said it. But, it’s evaluated based on objective factors.
The parent’s opinion is the next one considered. This is usually the parent that the child desires to live with.
Further to be considered is the child’s relationship with the parent and siblings, if there is.
The ability of the child to adapt to the parent is the next factor considered.
The parent is assessed on the ability to be a better parent and won’t cause friction between the child and the other parent.
How to Apply For Child Custody
To file for Child Custody, you need to submit four documents.
The case information sheet (JDF 1000)
Petition for Allocation of Parental Responsibilities (JDF 1413)
Summary to Respond to Petition for Allocation of Parental Responsibilities (JDF 1414)
Order for Allocation of Parental Responsibilities (JDF 1422)
You should get a child custody lawyer in Erie and the area to ensure that you have quality representation.