Couples do not have to be legally separated before filing for divorce in Colorado, and in fact, some divorces are started while the parties are still living together. If tensions are running high in the home, we often recommend that one of the parties move out while the divorce is pending.
How long does the average divorce take in Colorado?
Most divorces in Colorado take about 6-9 months to complete, depending upon the issues involved, and especially upon whether they are contested or not. There is no one set of procedures that will apply to every case, since the necessary steps will depend upon the specific issues in your case.
How fast can a divorce be finalized in Colorado?
At the shortest, a divorce in Colorado can take around 3 months to finalize. However, this applies to only the simplest of proceedings that do not involve children or other matters that could extend the proceeding. On average, a Colorado divorce takes closer to 6-12 months.
What are the steps to getting a divorce in Colorado?
- 1) Initial Petition for Divorce: Both parties or one person must file in Colorado.
- 2) Review All Divorce Documents from the Court:
- 3) Personal Service and Proof of Service:
- 4) Complete All Colorado Divorce Forms:
- 5) Initial Status Conference:
- 6) Divorce Mediation:
How long does it take to file for divorce in Colorado?
The minimum time that a divorce will take from the filing of the initial petition in Colorado is 91 days. After you file for divorce and serve papers on the other party, the court must wait 91 days before granting the divorce.
Can you speed up a divorce in Colorado?
How Can I Speed up a Divorce in Colorado? To speed up a divorce in Colorado, you should be ready to settle with your spouse out of court. If you can agree on the parting terms and work out a parenting plan with the help of an attorney or mediator, rather than the judge, the timeline of your divorce will be shorter.
Who gets the house in a divorce in Colorado?
In Colorado, the primary caregiver often gets the house in a divorce. The courts may allow the person with the children to stay in the house because there is a belief that it is in the best interest of the children.
Can you date while separated in Colorado?
Can I date while legally separated from my spouse? According to Colorado law, while you are legally separated from your spouse, you are still technically married. You can date other people without violating bigamy laws. Colorado is a no-fault state which does not consider fault in reasons for divorce.
Do you have to pay alimony in Colorado?
The statute caps suggested maintenance terms at 50 percent of the marriage. Once you’ve been married for 12 and a half years, the maintenance term becomes 50 percent of the length of the marriage. If you’ve been married 20 years, you could receive – or pay – alimony for 10 years.
How many years do you have to be married to get alimony in Colorado?
Requirements for Spousal Maintenance First, you must be married for at least ten years. Second, you must show that you are unable to support yourself. Lastly, you must show that your spouse is able to support you. If you meet these requirements, then you may be eligible for alimony in Colorado.
Is Colorado a 50 50 state in a divorce?
No, Colorado is an “equitable distribution” state, not a “community property state”. Meaning that your house — a marital property — is not automatically divided equally (50:50) during the divorce. Instead, the judge analyzes your personal circumstances and suggests a “fair” division.
How much does the average divorce cost in Colorado?
The typical cost of divorce in Colorado averages around $14,500. Depending on your needs, it could be as little as $4,500 to as much as $32,000. If there are no children involved, the cost for a divorce might be lower.
What happens after I file for divorce in Colorado?
Initial Status Conference: After the divorce is filed and the other party is served, the Court in many counties in Colorado will set a hearing with either the Judge/Magistrate or a Family Court Facilitator. This hearing is typically held within 42 days from the date the petition is filed.
How long does it take to get a divorce if both parties agree?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children. These things will be dealt with separately to your divorce or dissolution.
How do I file an uncontested divorce in Colorado?
- Complete and submit divorce paperwork. To file for an uncontested divorce in Colorado, the first step is to submit an Petition for Dissolution of Marriage.
- Serve your spouse.
- Sign a Separation Agreement (and Parenting Plan)
- “Decree by Affidavit”
What is the quickest divorce you can get?
The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your spouse.
Can I get a free divorce?
With your court fees covered, DIY is the only method of obtaining a free divorce, but it’s only viable if you and your spouse agree to the divorce and why you’re getting one.
How do you get a marriage annulled in Colorado?
Colorado is slightly different from other states. Colorado does not have an official court action called “annulment of marriage.” However, you can ask a judge for a “declaration of invalidity,” which is very similar to annulment. If the judge grants your request, it will mean that your marriage was never valid.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Can my wife take my retirement in a divorce?
Under the law in most states, retirement plan assets earned during a marriage are considered to be marital property that can and should be divided. It’s therefore advisable for couples to make these assets part of their property settlement agreement negotiations and their divorce decree.
Does infidelity affect divorce in Colorado?
Because of Colorado’s “no fault” status, adultery no longer has a major effect on divorces. A spouse may use adultery as a source of satisfaction during the filing process, but it generally has little impact on alimony, child custody, or property division.
Do both parties have to agree to a divorce in Colorado?
In Colorado, you do not need the consent of your spouse to obtain a divorce. You simply need to show that the marriage is irretrievably broken. If your spouse is denying this requirement, be prepared to attend court-ordered mediation or even possibly counseling.
How is spousal support determined Colorado?
How is alimony determined in Colorado? The Colorado alimony formula determines advisory spousal support by multiplying the parties’ combined incomes by 40%, then deducting the lower-earning spouse’s income.
What are the disadvantages of a legal separation?
Disadvantages of Legal Separation Legal separation typically does not entitle you to your spouse’s assets, whereas a divorce would force a division of current assets. Can’t Remarry: You may heal and be ready for a future relationship given enough time. A legally separated person cannot marry a new person in the U.S.
What is considered abandonment in Colorado?
A: In Colorado, abandonment occurs when the parent has failed to provide basic needs for the child, including food, clothing, shelter, or medical care. The parent must also have failed to make a reasonable effort to maintain contact with the child.