DIVORCE LAW FORUM

     

       

 

 

 

 

 

 

 

 

 

 

 

 

 

COLORADO DIVORCE LAW

Here you will find Colorado specific divorce information, grounds, divorce law statutes, articles on Divorce law, state laws, child custody, child support, spousal support, visitation, legal separation, dissolution and links to free divorce forms, divorce records, divorce papers, divorce lawyers, divorce attorneys and support calculators.

RESIDENCY REQUIREMENTS:

To file for dissolution of marriage in Colorado, either party must have been a resident of the state for at least 90 days before filing. The petition for dissolution of marriage may be filed in the district where either party resides.

[See Colorado Revised Statutes 14-10-106]

GROUNDS FOR DIVORCE:

The only grounds for dissolution of marriage is that the marriage is irretrievably broken.

[See Colorado Revised Statutes 14-10-106]

SPECIAL DIVORCE PROCEDURES:

The court may appoint an attorney to represent the best interests of the children at the request of either parent or upon its own motion, with respect to the child's custody, allocation of parental responsibilities and rights, and any other issues related to the children.

[See Colorado Revised Statutes 14-10-116]

MEDIATION OR COUNSELING REQUIREMENTS:

The court may order a parent of children under eighteen years of age to attend a special program designed to provide education concerning the impact of separation and divorce on children.

[See Colorado Revised Statutes 14-10-123.7]

LEGAL SEPARATION:

If a party requests a legal separation instead of a dissolution of marriage, and the other party doesn't object, the court will grant a legal separation. A separation agreement can contain provisions for the maintenance of either spouse, the division of any property, and provisions for parental responsibilities, support, and parenting time of their children.

PROPERTY DISTRIBUTION:

In Colorado the court will make an equitable distribution of marital property, meaning that if the parties can't agree, the property will be distributed in an equitable fashion, not necessarily equally. When dividing the marital estate, the court will base it's decisions on the following factors:

1) The contribution of each spouse to the marital estate, including the contributions as a homemaker;

2) The value of property set apart to each spouse;

3) The desirability of awarding the family home to the custodial parent, as well as the economic circumstances of each spouse; and

4) Any depletion of separate property for marital purposes, or any increases in the value of separate property of the spouse during the marriage.

Separate property not subject to division includes inheritances, property owned prior to the marriage, gifts, property acquired after a legal separation, property excluded by a valid pre-nuptial or anti-nuptial agreement.

[See Colorado Revised Statutes 14-10-113]
 

ALIMONY/SPOUSAL SUPPORT:

Spousal maintenance may be awarded on a temporary or permanent basis to either spouse. When the parties' combined annual gross income is less than seventy-five thousand dollars ($75,000.00), and temporary support is requested during a legal separation or during the dissolution of marriage, the court may apply a presumptive formula to determine the level of maintenance. The monthly amount of temporary maintenance shall be equal forty percent of the higher income party's monthly adjusted gross income less fifty percent of the lower income party's monthly adjusted gross income. In determining the level of support to be paid after the dissolution of marriage, the court will take the following factors into consideration when determining the level of support:

·                     The duration of the marriage;

·                     The standard of living established during the marriage;

·                     The financial resources of the spouse seeking support, including marital property received in the divorce settlement, and the party's ability to meet his or her needs independently;

·                     The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment and that party's future earning capacity;

·                     The age and the physical and emotional condition of the spouse seeking maintenance; and

·                     The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance.

[See Colorado Revised Statutes 14-10-114]

SPOUSE'S NAME:

Colorado law doesn't specifically address the matter of changing your name during proceedings for the dissolution of marriage; however, a party may request, in the Petition for Dissolution of Marriage, that their name be restored to any prior name. To change a name to something other than a previous name, a party must petition to that effect, verified by affidavit, to the district or county court in the county where you reside, including the full name, the desired name, and a concise statement of the reason for the name change. The petitioner is required to submit a fingerprint-based criminal history record check within ninety days prior to the date of the filing of the petition.

[See Colorado Revised Statutes 13-15-101]

CHILD CUSTODY:

Custody may be awarded to either parent based on the best interest of the child, and shall consider all relevant factors, including:

1.                   The wishes of the parents concerning parenting time.

2.                  The wishes of the child, if sufficiently mature to express reasoned preferences concerning the      parenting arrangement.

3.                   The relationship of the child with his or her parents, siblings, and any other person who may         significantly affect the child's best interests.

4.                   The child's adjustment to his or her home, school, and community.

5.                   The mental and physical health of all individuals involved.

6.                   The ability of the parents to encourage the sharing of love, affection, and contact between the child and the other parent.

7.                   Whether the past pattern of involvement of the parents with the child reflects a system of values,   time commitment, and mutual support.

8.                   The physical distance of the parties to each other as this relates to the practical considerations of parenting time.

9.                   Evidence of spousal abuse, child abuse, or neglect by either parent.

10.                The ability of each parent to place the needs of the child ahead of his or her own needs.

[See Colorado Revised Statutes 14-10-124]

 

CHILD SUPPORT:

Colorado uses the "Income Shares" model to determine child support. This method bases the level of support on the combined income of both parents. A party can use the worksheets available at the Colorado Judicial Branch Child Support Guidelines to determine the level of support. Child support may continue until a child becomes emancipated, graduates from high school, or it may continue beyond the age of nineteen if the child is mentally or physically disabled. Support for post-secondary education of the child may be ordered on both the parents.

[See Colorado Revised Statutes 14-10-115]

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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