Colorado Divorce Information and
FAQ
At least one of the parties must have been a resident of the State of
Colorado for a period of ninety (90) days immediately prior to the filing
of the action for dissolution of marriage. The action may be filed in the
county where the respondent resides or the county where the petitioner
resides if the respondent was served in the same county or is a
non-resident of the State of Colorado. 14-10-106, CRCP Rule 98
Grounds Irretrievable breakdown of the marriage is the only grounds for
dissolution of marriage in the State of Colorado. 14-10-106
Name of court and title of action/parties An action for dissolution of
marriage filed in Colorado is filed in the District Court. The title of
the action initiating the proceeding is a Petition for Dissolution of
Marriage, while the title of the action granting the judgment is referred
to as the Decree of Dissolution of Marriage. The party filing the action
is the Petitioner, and the other spouse is referred to as the Respondent.
» Return to top Legal separation Colorado permits judgments of legal
separation to be granted upon the same grounds as a judgment of
dissolution of marriage. 14-10-106 Simplified divorce procedure A judgment
of dissolution of marriage may be obtained by the filing of affidavits by
either or both parties when:
1. The parties have no minor children and the wife is not pregnant, or
the parties are represented by counsel and have entered into a separation
agreement which provides for custody and child support;
2. Service of process has been effected upon the non-filing spouse;
3. There are no contested issues;
4. There is no marital property to be divided by the court or the
parties have entered into a separation agreement which provides for the
division of the marital property. 14-10-120.3
Mediation At the request of either party or on the court's own motion,
the parents of a minor child may be required to attend a program designed
to provide the parties with information regarding the impact of separation
and divorce upon children. The program will inform parents about the
divorce process, its impact of adults and children, and will teach
coparenting skills and strategies. 14-10-123.7
Property distribution Colorado is an equitable distribution state,
which means that the court will set aside to each spouse that spouse's
separate property and divide the marital property between the parties as
the court deems equitable and just, after considering all relevant
factors, such as: 1. The contribution of each spouse to the acquisition of
the marital property; 2. The value of the property set aside to each
spouse; 3. The economic circumstances of each spouse at the time of the
property distribution, and; 4. Any increase or decrease in the value of
the separate property of the spouses during the marriage or the depletion
of the separate property for marital purposes. 14-10-113
Alimony The court may award alimony to either spouse upon a finding
that the spouse seeking alimony:
1. Lacks sufficient property to provide for his/her reasonable needs;
2. Is unable to support himself or herself through appropriate employment
or is the custodian of a child whose condition is such that it would be
inappropriate for that spouse to seek outside employment;
The award of alimony shall be in such amounts and for such periods of
time as the court deems just, without regard to marital fault, after
considering factors such as:
1. The financial resources of the party seeking support; 2. The time
necessary to acquire sufficient education or training to enable that
spouse to find appropriate employment; 3. The standard of living
established during the marriage; 4. The duration of the marriage; 5. The
age, physical and emotional condition of the spouse seeking support; 6.
The ability of the spouse from whom alimony is sought to meet his needs
while meeting the needs of the party seeking support. 14-10-114
Child custody All issues regarding custody of minor children, including
physical custody and decision-making responsibility, will determined
according to the best interests of the child. In determining the best
interest of the child as it relates to parenting time, the court will
consider all relevant factors, such as: 1. The wishes of the child; 2. The
wishes of the parents; 3. The interaction and interrelationship of the
child with the parents, siblings, etc.; 4. The child's adjustment to home,
school, and community; 5. The physical proximity of the parties to each
other; 6. The mental and physical health of all parties, and; 7. The
ability of the parties to encourage the sharing of love, affection, and
contact between the child and the other party.
The allocation of decision-making responsibilities will be determined
after consideration of such factors as:
1. The ability of the parties to cooperate and make joint decisions; 2.
The ability of the parties to provide a positive and nourishing
relationship with the child, and; 3. Whether one of the parties has been a
perpetrator of child or spousal abuse.
Access to information regarding the child, such as medical and school
records shall not be denied to either parent unless otherwise ordered by
the court.
Conduct of a party that does not affect that party's relationship with
the child shall not be considered by the court, and the court will not
presume that one spouse is better able to serve the best interests of the
child because of that party's sex. 14-10-124
Child support Colorado has enacted child support guidelines which
establish the presumptive correct amount of support. The courts may
deviate from the guidelines upon a finding that the application of the
guidelines be unjust, inequitable or inappropriate. Any such deviation
must be accompanied by specific written reasons for the deviation and must
include what the presumptive amount would have been under the guidelines.
Reasons for deviating may include such things as extraordinary medical
expenses, extraordinary costs associated with parenting time, and gross
disparity of income. All child support orders must include the social
security numbers and dates of birth of the parties and children subject to
the order. The court shall also provide for the children's current and
future medical needs by ordering either or both parents to provide medical
and dental insurance for the children, if reasonably available. 14-10-115
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